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HomeMy WebLinkAboutReso 1972-6604P,ESOLrITIO;~T NO. 6604 RESOT_,L7`f1ON OF TIiL; CITE' COUNCIL, OF THE CIT`i OI' CI~IL'LA_ VISTA. OF INTrN'i IOiJ `l'0 GRANT Gt1S FIZ.AI~CI3 I: ;;E The Cit~,~ Council of tliF~ City of Chula Vista doer hcr_eby resolve a_s fo7_lows: t1?IIE;RI~AS, San Diego Gas & Electric Company, a California .orporation, has f..ilecl witl-i the Council of the City of: Chula Vista an application re~;uesting that. a frUncii.se be c)rar~t.ec. , to it of tine char- ~cter_ and. for the purposes mentioned in the form or"_ notice hereinafter yet forth; and tdIIEREAS, ir. the opinion of said Council the public good ea~uires that a franchi~~e be granted; and WHER'~AS, the franchise as submitted by the San Diego Gas & .lectric Company, marked as Exhibit "A", and attached hereto and incorporated herein by reference as if set forth in full. NO.;, `i'hEREFORE, ;3E IT RESOLVED that the City Council of_ the 'ity of Chula L'ista intends to ~ grant said franchise, ?eing t`~~~ ordi_nance narked Exhibit "A" , that hearing of objections to _he granting thereof will be held at the time and place specified in .he form of notice hereinafter set forth which the Clerk of the City •s hereby directed to publish at least once ~:-ithin fifteen days after .he passage of this resolution in the Chula Vista Star News, a necas- ~aper of general circulation within said City, and that said notice shall be in the followincr words and figures: NOTICE OF INTENTION TO RANT FR.ANCHIS~. NOTICE IS HEP,EPY GIVEN that San Diego Gas & Electric Company, California corporation, has filed its application with the Council of the City of Chula Vista requesting said Council to grant it a franchise ~`or an indeterminate period, under the Franchise Act of 1937, to install, naintain and uss pipes and appurtenances under, along, across and upon she public streets and places within. said City f_or transmitting a_nd 3istributirg gas to the public for any and all purposes. If said franchise shall be granted to it, said San Diego Gas s; ~:lectric Company, its successors and assigns, hereinafter_ designated grantee, shall during the life thereof pay td said City two per cent of_ the gross annual receipts of said. grantee arising from the use, operation or possession of said franchise; pr_ovidec~, ho~•lever, that such payment shall in no event be less than one per cent of the gross annual receipts derived by grantee from the sale of gas within the limits of said City. Said percentage will. b~ paid. annually from the date of the granting of the franchise applied for. First annual payment to be made within three months and fifteen days after the expiration of the calendar year 1971. Subsequent annual pay~r~ents will be made within three months and fifteen da~~s after- the terrninai=ion of each and every calendar year thereafter. In the event such oaymer~ts shall not be made, said franchise shall be forfeited. Said City Council proposes to grant saint franchise for an indeterminate period. NOTICE IS HEREhY FURTHER GIVEN that any and an~~ objections to the grantincx of said franchise may Council at the City Ball of.. said City at the hour cif the 26th day of September,l972, and be heard thereon; all persons having appear. before said 7 :00 p.m. , on Tuosciay, and - 1 - NOTICE IS HERLI3Y FURTHER GIVEN that at any time not later than the hour sc set f_or. hearing objections, any person interested may make written protest stating objections against the granting of said franchise, which protest must be signed by the protestant and delivered to the City Clerk of_ said City, and the Council shall. at the time set for hearing said objections proceed to hear and. pass upon all protests so made; and NOTICE IS HEREI3Y FURTHER GIVEN that the grantee of said franchise must within five days after the date of granting same file with the Counci]. of said City a bond in the penal sum of one thousand ($1,000.00) dollars running to said. City with at least two good and sufficient sureties or one good and sufficient corporate surety to be approved by said Council, conditioned that such grantee shalJ.. well and truly observe, fulfill and perforiti each and every term and condition of_ said franchise and that in case of any breach of condition of said bond occurrinc?, the whole amount of the penal sum therein named shall. be taken and deemed to be liquidated damages and shall be recoverable from the principal and. sureties upon said bond. For further particulars reference is hereby made to said application filed as aforesaid in the office of_ said Council. By order of the Council of the City of Chula Vista. i, ,~~erk of the City of Chu~:a-Vista RESOLUTION N0. 6604 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of September , 197 2, by the following vote, to-wit: AYES: Cvuv~c~;.~me~, SCOTT, HOBEL, HAMILTON, HYDE, EGDAHL NAPES: Cvu~.c~..~mev~ NONE ABSENT: Cvuv~c~..~men NONE ---~;;~ / ~k 'Z~ ayvtc v~ the C~:~y.,v~y C u~.a V.r.. ~a ATTEST -~ ~ ~, ~~~ ,~~.,~Z%. ,(. y h STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, J~NNI~ M~ ~ULASZ, C~;~y C~2enFz v~ ~~.e C.c:~y v~ Chu2a V~,~S~a, Ca~.~.~vnv~~a, aU H~R~}3y C~RTIFy ~ha~ the abv~e avid ~yvhegvtiv~g ti~ a ~u~.2, ~~.ue avid cvn.rcec~ cv~ y v ~ avid ~ha~ ~h.e game hay v~v~ beev~ amev~ded vn rr.e~ea.~e,d. DATED: C~.~y C en YGG~~~ Exhibit "A" ORDINANCE :CIO. AN OI•'~DINANCE GRANTII~TG TG SAN DIEGO GAS & }~;LECTRIC COivPAivY, ITS SUCCL,~SORS AND ASSIGNS, `1'III3 I~'IANCITSF TO .T_NS''i'ALL, MAIN- TAII~I AND lJSE P.T_PI?,S Air?D APFUti":I:'ENANCES FOFI TRANSPIIT`1'i=NCB t"tiT?D i~ISTI~II3t1TING GAS FOR ANY AND ALL PtTRPOSES t1i~1DER, ALONG, ACROSS OR UPON `I'riE PIn3LIC STI~,ETS AND PLACES AS Z'fIE SAMF, NOtid OR MAY HEREAF`T'ER EXIST WITI-IIN `T'HE CITY OF CIIULA VISTA FOLLOWS: T'rIE CITY COUNCIL OF TI-IE CITY OF CHULA VISTA DOES ORDAIN AS SECTION l: Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the ivcn instance, the context vaherein they are used shall clearly import a different meaning): (a) The word "grantee" shall mean San Diego Gas & Elec- tric Company, and~its lawful successors or assigns; (b) The word "city" shall mean the. City of Chula Vista, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; (c) `T'he word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said city, including state highways, now or hereafter established within said city, and f ree- ways hereafter established within said city; (d) The word "gas" shall mean natural or artificial gas, or a mixture of natural and artificial gas; (e} The phrase "pipes and appurtenances" shall mean pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, appliances, attachments, appurtenances and any other property located or to be located in, upon, along, across, under or over the streets of the city, and used or useful in the transmitting and/or distributing of gas; (f) Trie phrase "install, maintain and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair or replace. SECTION 2: The franchise to install, maintain ana u:.~ i,. the str~e;;s of said city all pipes and appurtenances for ,;,•~: :::.~- ting and aistributing gas to the public for any and all pul•pc_.~ s within said city is hereby granted to San Diego Gas & Elec~ry~ Company, its successors and assigns. - ~. •- ~'~~o~ SI,C`.PTON 3: Sa:i.d ~:ranchise sl;.all be indeterm:ina•t,e, that :i.s 1.O say, 1:i_CI f'r~1i"]l,il:i.`.il; ~)h~tl.l endure iYl r U:l.l f OY'CE=' and ef'f GCt until ~;h~: sa;n~: shall, v~r1_tl~~'the consent of the Public U1;il:ities Commis- sio:z of the State of Calif o:r°n:i.a, be voluntarily surrendered or abandoned by the grantee, or until the Mate or Borne muii_ic:ipal or pudic corporU.tion thereunto duly autiiori~ed by law shall purchase b,y voluntary agreement or shall conoemn and tape under the power or eminent Bomain, all property actually used and usefu7_ in the exercise of said ranchise and sitt:ate in the territor:ial limits of the state, mun:i_cipal or public corporation purchasing or con- dGmning such property, or until said i'rarch7_se shall be forfeited for non-co,npliance with its terns by the grantee . SECTION ~~: The grantee of said franchise shall during the term thereof pay t,o sa_id city two per cent (2~ ) of the gross annual receipts of said grantee arising from the use, operation or pos- session of said franchise; provided, However, that such payment shall in no event be less than one per cent (lj') of the gross annual receipts of grantee derived from the sale of gas within the limits of said city. SECTION 5: The grantee shall file with the Clerk of said city, within three months after the expiration of the calendar year, or fractional calendar year, f ollov~ing the date of the granting hereof, and within three months after the expiration of each and every calendar year thereafter., a duly verified statement showing in detail the total gross receipts of such grantee during the preceding calendar year, or such fractional calendar year, frorri the sale of gas within said city. Such grantee shall pay to said city within I'if teen days after the time for filing such state-. meat, in lawful money of the United States, the aforesaid per- centage of its gross receipts for such calendar year, or such fractional_ calendar year, covered by such statement. Any neglect, omission or refusal by said grantee to file such verified statement, or to pay said percentage at the time and in the manner specified, shall be grounds for the declaration of_ a forfeiture of this franchise and of all rights of grantee hereunder. SECTION 6: Said franchise is granted under the rranchise Act of 1937. SECTION 7: This ordinance shall become effective thirty days after its final passage unless suspended by a referendum petition filed as provided by law. SECTION 8: The grantee of said franchise shall pay to the city a sum of money sufficient to reimburse it for ail publication expenses incurred by it in co.znection with the granting thereof; such pay,e,ent to be made within thirty days after the city shall have furnished such grantee with a written statement of such expenses. _ SECTION g: The franchise granted hereby shall not b~:come effective until written acceptance tY~ereof shall have been filed by the grantee with the City Clerk. SECTION 10: Tre City Clerk shall cause this ordine.n: to be published once within fifteen (l~) days after its passage i:~ ;;i:e a newspaper of general circul~.~~ion punyshea ana circu a e In said, city. - 2 - ~/~G>o~ vt1~Nlr~aus cor~7sr.~~T FoRrz IT IS HEREBY REQUESTED by the undersigned that the following item, with the unanimous consent of the City Council of the City of Chula Vista, be considered and acted upon by the Council pursuant to the provisions of Section 1.16 of the Chula Vista City Code. Resolution - of Intention to Grant Gas Franchise ~~~ ~~ (Signature) Unanimous Consent of the City Council, as indicated by the following signatures: r` ' ~, c, < (--- li ~~ i ., ~ ~ ~ ~` ~~~..- ~ ~ r' ~~;