HomeMy WebLinkAbout59 - South Counties Gas Co. - Intention to Grant FranchiseS6
RESOLUTION NO. 59
A RuSJLUTIJN Ji? Th-' CITY COUNCIL OF THE CITY OF
COSTA DESA DEOL,,RING INTcNT TO GRANT A FRANCHISE
TO THE SOUTH -M COUNTIi;S GAS COI•.PANY UNDER THE
FRANCHISE ACT OF 1937•
WHEREAS, this City Council las received from Southern
Counties Gas Company of California, a corporation organized and J
existing under and by virtue of the laws of the State of Californ-
ia, and engaged as a public utility corporation in transmitting and
distributing gas for all purposes to consumers in various municipal-
ities and communities in the State of California, including the -
City of Costa Mesa, an application, under and pursua.:t to the pro-
visions of the Franchise Act of 1937, for a franchise, which said
application states, in compliance with the provisions of Section 2
of said Act, that the purpose for which the franchise therein app-
lied for is desired is to lay and use pipes and appurtenances for
transmitting and distributing gas
for any and all purposes under,
along,
across or upon the public
streets, ways, alleys and places,
as the
same nDw or may hereafter
exist within the Cit;; of Costa
Mesa;
and that the term for which
the franchise therein applied
for is
indeterminate, as defined
in Section 5 of tl.e Franchise Act
of 1937; and
WHEREAS, said application further states that the applic-
ant, if granted the franchise therein applied for, will pay to the
City of Costa Kesa, during the life of such franchise, two per cent
(2p) of the gross annual receipts of applicant arising from the use,
operation or possession of said franchise; provided, lowever, that
such payment shall in no event be less than one per cent (lib) of the
gross annual receipts of applicant derived from, the sale of gas
within the limits of the City of Costa Lesa, under said gas fran-
cl.ise.
NOW, THEREFORE, hE IT Iid SJLVED that this City Council,
under and pursuant to the provisions of the Franchise Act of 1937,
does hereby declare its intention to grant to Southern Counties Gas
Company of California the franchise so applied for; and 1+,onday, the
87
7th day of June, 1954, at 7:30 o'clock, i'.Te., at the place where
this City Council usually meets, to wit, 567 West Eighteenth Street,
Costa .,:esa, California, is hereby fixed as the day, hour and place
when and where any and all persons having any objection to the
granting of such franchise may a_pear before this City Council and
be heard thereon; and
BE; IT :UHTHEH HESJLVED that the Clerk of this City Coun-
cil is hereby directed to publish a notice at least once within
fifteen (15) days after the passage of this resolution, in a news-
paper of general circulation within this City of Costa A,,esa, to wit,
in the Costa A:esa Globe Herald, in the words and figures as fell-
ows, to wit:
"NJTIJd JF INTdNTIJN TJ GRANT GAS FdANCHISE.
TO 'WHJb. IT TdAI' CJNCERN:
Notice is hereby given by the City Council of the City
of Costa Idesa that it intends to grant, under and pursuant to the
Franchise Act of 1937, to the Boutl.ern Counties Gas Company of
California, a corporation, a franchise to lay and use pipes and
appurtenances for transmitting and distributing gas for any and
all purposes under, al3ng, acress or upon ti!e public streets, ways,
alleys or places, as t!e same now or n:a_r hareafter exist within
the C1'..y of Costa I,esa; and that N;onday, the 7th day of June, 1954,
at 7:30 o'clock P.1d., at the place where this City Council usually
meets, to wit, 567';,est Eight.enth .itreet, Costa Mesa, California,
is hereby fixed as the day, hour and place when and where any and
all persons having any objection to the granting of said franchise
may appear before this City Council and be heard thereon. At any
time not later than the hour so set fir the hearing of objections,
any person interested may make written protest, stating objections
against th:e granting of such franchise. Such protest rust be sign-
ed by the protestant and be delivered to the clerk of this City
Council.
The term for which said franc'-iise is pro.,)sed to be grant-
ed is indeterminate, as defined in lection 5 of the Zranchise Act
of 1937•
r
II
The grantee of said francrise, and its usccessors and
assigns, will, during the life of said franchise, pay to the City
of Costa P'.esa two per cent (2%-) of the gross annual receipts of
the grantee and its successors and assigns arising from the use,
operation or possession of said franchise; provided, however,
that such payment shall in no event be less than one per cent
(1%) of the gross annual receidts of the grantee, its successors
and assigns, derived from the sale of gas within tfe limits of
the Cite of Costa Kesa under said gas franchise. Said percentage
will be paid annually from the date of the granting of said fran-
chise, and in ttre event such payr.,ent shall not be rade said fran-
chise will be forfeited.
Dated: -Ka y 3, 1954
Clerk of City Counc' of the
Cit` of Costa Diesa."
and
DE IT FURTHER RsSJLVED that the grantee of said £ran- ■
chise shall be required to file a bond running to the City of
Costa 1,,esa, with at least two g)od and sufficient sureties to be
approved by this City Council in the penal sum prescribed to be
Jne Thousand Dollars (41,000.00), conditiDned ti,at such grantee
shall well and truly observe, fulfill and perform each and every
terra and condition of such franchise, and that in case of any
breach of condition of such bond, the whole amount of the penal
sum therein named shall be taken and deemed to be liquidated dam-
ages and shall be recoverable from the principal and sureties up-
on said bond.
PASS3D and ad opted this 3rd day >f Pray, 1954.
0 i
is re City of Costa ID,esa
ATTEST: p
City Clerk of the ity of sta ,eT sa
'a
STATS ), CALIFJRNIA)
)SS
C)UNTY )i JRANGS )
I, A. C. 31iARTZ, City Clerk of the City of Costa
Mesa, do hereby certify that the above and foregoing Res)lution
No. 59 was duly and regularly passed and adipted by the City
Council if the City- of Costs 16esa at a regular meeting thereof
held on the 3rd day if P:ay, 1954, by the following vote:
AY=S: COUNCIU,zSN: I•iartin, Pinkley, Smith and TeWinkle
N)Z3: CJUNCILF,SN: None
ALSENT COUNCILbISN: Nelson
IN 1VITNNS3 Wki3Ri';OF, I have hereunto set my hand and
affixed the official seal if the Cit,, of Costa I.esa, this 4th
day of May, 1954.
_
City Clerk and ex-offi o Clerk
of the City- Council 9 tibe City
of Cos''.a Mesa