HomeMy WebLinkAboutReso 1972-6605RESOIaUTIOr? NO. 5605
RESQi,t1`I'ION OI' THE Cl`L'Y_ CC)JP~ICIL OI? TIIF CITY OF CI~IULA VIS`J.'A
OF IN`.t'EI~i~J.'J.:O~1 `I'O GIZ'~^dT ELI~CTI'IC I?F.ANCHISI;
nR~G1NAC
The City Council. of the City of Chula Vista does hereby
resolve as follc~:~s:
l°YIIER.EAS, S~.~n
co.:-por~+~ion, his filed
ax~plica~ion reauesti_nn
actor z~nd for. the pun},
set forth; and
Diego Gas & EJ-ectri.c Company, a California.
with the Council of the City of Chula Vista an
that a f:ranchisc~l~e granted to it of the char-
~ses mentioned in the fo-rm of notice hereinafter
t~?IIEREAS, in the opinion of said Council- the publi-c good
renuires that a franchise be granted; and.
6~;FIEREAS, the franchise as submitted by the San Diego Gas
Electric Company, marked as Exhibit "A", and attached hereto and
incorporated herein by reference as if set forth in full.
NOta, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista intends to - grant said franchise,
being the ordinance marked Exhibit "A", that hearing o~ objections tc
the granting thereof will be held at the time and place specified in
the form of notice hereinafter set forth which the Clerk of the City
is hereby directed to publish at least once within fifteen days after
the passare of this resolution in the Chula Vista Star News, a news-
pax>er of general circulation within said City, and that said notice
shall be in the following words acid figures: NOTICE OF INTENTION TO
GRANT FRANCHISE.
NOTICr IS IIEREBY GIVEN that San Diego Gas & Electric Company,
a California corporation, has filed its application with the Council of
tl:e City of Chula Vista requesting said Council to grant it a franchise
for an indeterminate period, under the Franchise Act of 1937, to install,
maintain and use pipes and appurtenances under, along, across and upon
the public streets and places within said City for transmitting and.
distributi.n.g electricity to the public for any and. all purposes.
Tf said franchise shall be granted to it, said San Diego Gas &
Electric Company, its successors and assigns, hereinafter designated
grantee, shall during the life thereof pay to said City two percent of
the gross annual receipts of said. grantee arising from the use, operation
or possession. of sal-d franchise; provided, however, that such payment
shall in no event be less than one per cent of the gross annual receipts
de.ri~~~ed by grantee from the sale of electricity within the limits of
said City.
Said percentage will be 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 payments will be made within three months
and fifteen days after the termination of each and every calendar year
thereafter. In the event such payments shall not be made, said franchise
shall be forfeited. Said Cit_v Council proposes to grant said franchise
for an indeterminate period.
NOTICE IS HEREBY FURTHER GIVEN that any and all persons having
anv objections to the granting of said franchise may appear before said
Council at the Ci.t.~~ Hall of said City at the hour of 7:00 p.m., on Tuesday,
the 26th day of September, 1972, and be heard thereon; and
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NOTICE IS FIEREBY FURTHER GIVEN that at any time not later than
the hour so set for hearing objections, any person interested may make
written protest stating objections against the grantinq 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 se t. for hearing
said objections proceed to hear and pass upon all protests so made; and
NOTICE IS HEREBY FURTI3ER GIVEN that the grantee of said franchise
must within five days after the date of grantinq same file with the Council
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 app'r_oved by said Council,
conditioned that such grantee shall well and truly observe, fulfill and
perform each and every term and condition of said franchise and that in
case of ary breach of condition of_ said bond occurring, 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.
,~~ ~~/~
lerk of the City of Chuara Vista
_ ~'G~ ,s'
RESOLUTION N0. 6605
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: Caunc~.~.men SCOTT, HOBEL, HAMILTON, HYDE, EGDAHL
NAYES : Ca unC~.~.men NONE
ABSENT: Cvunc~.~men NONE
'~ I
,, ~ ~ ~ ~~ J
aya~. ~~ the C~:~y ~~ Chu a Vti~,~a
~/ - ~~ ~ ,
ATTEST -~L~7? GE'i ~~~-~-'
/%~ ti y e~c
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, J~NNI~ M~ ~ULASZ, C.i.~y C.~enFz ~~ the C.c~y a~ China V~,~S~a,
Ca2~.~ann~.a, a0 H~R~F3y C~RTI~y ~ha~ the above and ~j~rcega~e.ng ti~ a ~u~~,
~nue and ca~cnec~ copy a{~
and ~ha~ the ~5ame hay ncs~ been amended ~~c rt.e~ea.Eed.
~AT~D:
C.~~y 2e~c
~~~~~
r a,
~ ... ~ 'i
M~
ORDINANCE INTO.
h,
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°W`
Ehhik~it "A"
AN O}illIi~TAi~TCT: GIiAi\TTINCi TO SAN DII.,GO GAS ~c
1~L1~:C'I'IIIC COMPANY, I7' S SUCCL:SSOIIS AND
ASSIGNS, 'II-Ili. I~'IIANCFiISI~ TO COI~TS`rRUCT, .
MAI\TTAI\T AND USIA POLES, WIRES, CONDUITS
AND APPIIRTEIVANCES, TNCLUDING COi~-'IMUNI- ,
CATION CIP,CUITS, NECESSARY OR PROPER
FOR TRANSMITTING ANl~ DISTRI73UTING ~ ''
ELECTRICITY TO 'TIiE l'UI~LIC FO ANY AND ,
ALL PURPOSES. IN, ALONG, ACROSS, UPON, ~
UNDER AND OVER THI; PUBLIC STREETS AND
PLACES WTTIIIN THE CITY OF
TIIE CITY COUNCIL OF THE CITY OIL'
DOES ORDAIN AS FOLLOWS:
SECTION 1: Whenever in this ordinance the words or phrases here-
inafter in this section defined are used, they shall have the respective mean-
ie gs assigned to them in the following definitions (unless, in the given instance,
the context wher. ein they are used sha].1 clearly import a different meaning):
(a) The ward "grantee" shall mean San Diego Gas & Electric
Company, and its lawful successors or assigns;
(b) The word "city" shall mean the City of ,
a municipal cor. poration of the State of a orn~.a, m its
present incorporated form or in an~* later reorganized, con-
solidated, enlarged or reincorporated form;
(c) The word "streets" shall mean the public streets, ways,
alleys and places as the same now or may hereinafter exist
within said city, including state highways, now or here-
after established within said city, and freeways hereafter
established within said city.
i
i
(d) The phrase "poles, wires, conduits and appurtenances" -'
shall mean poles, towers, supports, wires, conductors,
cables, guys, stubs, platforms, crossarms, braces,
transformers, insulators, conduits, ducts, vaults,
manholes, meters, cut-outs, switches, communication
circuits, 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 electricity;
(e) The phrase "construct, maintain and use" shall mean to
construct, erect, install, lay, operate, maintain, use,
repair or replace.
SECTION 2: The franchise to construct, maintain and use poles,
wires, conduits and appurtenances, including communication circuits,
necessary or proper for transmitting and distributing electricity to the
public for any and all purposes, in, along, across, upon, under and over
the public streets, ways, and places within said city is hereby granted to
San Diego Gas & Electric Company, its successors and assigns.
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,~P~~oS
SECTION 3: Said franchise shall. be ir.deterrninate, that is to say,
said francl,i.c shall enciurc in full force and effect until the same shall,
titi~itl~ tllc~ consent of the P~,iblic Utilities Gornmission of the State of Calt.fornia,
be voluntarily suz•rcr~dcrF~d or abandoned ley i}ie grantee, or until the state
or some municipal or public corporation thereunto duly authorized by law
shall purchase by voluntary agreement or shall condemn and take under
the power of eminent domain, all property actually used and useful in the
exercise of said franchise and situate in the territorial limits of the state,
municipal or public corporation purchasing or condemning such property,
or until said franchise shall be forfeited far non-compliance with its terms
by the grantee.
SECTION 4: The grantee of said franchise shall during the term
thereof pay to said city two per cent (2`,0) of the gross annual receipts of
said grantee 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 receipts of grantee derived from the sale of
electricity 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, following 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, from the sale of electricity within said city. Such grantee shall pay
to said city within fifteen days after the time for filing such statement, ire
lawful money of the United States, the aforesaid percentage 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 Franchise 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. II~
SECTION 8: The grantee of said franchise shall pay to the city a I
sum of money sufficient to reimburse it for. 'all publication expenses incurred
by it in connection with the granting thereof; such payment to be made within
thirty days after the city shall have furnished such grantee with a written
statement of such expenses.
SECTION 9: The franchise granted hereby shall not become effective
until written acceptance thereof shall have been filed by the grantee with the
City Clerk. _
SECTION 10: The City Clerk shall cause this ordinanc~~to be pub-
lished once within fifteen (15) days after its passage in the
a newspaper• of general circu anon pu is e
an circulate in sai city.
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