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HomeMy WebLinkAboutReso 1971-5977 to' .' RESOLUTION NO'. 5977 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION TO GRANT GAS FRANCHISE The City Council of the City of Chula Vista does 'hereby resolve as follows: WHEREAS, San 'Diego Ga's & Electric Company, a California' corporation, has filed with the,Council of the City of Chula Vista an application requesting that a fra~chise be granted to it of the char- acter and for the purposes mentioned ,in the form of notice hereinafter set forth;' and, WHEREAS, in the opinion of said Council the, public good requires that a franchise be, granted; and WHEREAS, the francJ:tise as subrni tted by the San Diego Gas & Electric Company, ma'rked as, Exhibi t "A"" and attached hereto and incorporated herein, by :reference as if set forth in full. , " NOW, THEREFORE, BE IT RESOLVED ,that the City 'Council of the Ci ty of 'Chula Vista intends to consider the' g'ranting of .'~aid franchise, being the ordinan~e marked Exhibit "A",~that hearing of objections to ,the granting thereof will be h~ld at the time, arid place specified in the form of notice hereinafter 'set f'orth w'h:Lch th~' Cl'~rk:'of the City is 'hereby directed to publish at ~east once within, fifteen days after the passage 'of, this resolution in"the' Chula Vista ,Star News, a news- paper of general circulation withi'h said City'; and 'that said notice shall be in the following words and figures: NOTICE OF INTENTION TO GRANT FRANCHISE. NOTICE IS HEREBY GIVEN ,that San Diego Gas' & Electric '~ompany, a California ciorporation, has filed its ,application M~th the Council of the 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 appurt~nances under, ~long, across and upon the public' streets and places wi thin said City for, transmitting and distributing gas to. the public for any and all purposes: If said franchise shail be granted to it, ~aid San Diego Gas & Electric Company, ,its successorsan~ assigns, hereinafter designated grantee, shall during the life thereof pay to said City two percent of the gross annual receipts o'f said grant,ee arising from the use, operation or p~ssessionof ,said franchise; provided, however, 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. . . . . Saidpercent~ge 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'fifte.en' days after the'expira"tion of'the calendar year '1971. Subsequent annual payments wili 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 City 'Council proposes ~o grant said franchise for an indeterminate period. NOTICE IS HEREBY FURTHER GIVEN that any and all persons having any objections to the granting of said franchise may appear before said Council at the City Hall of said City at the hour of '7:00 p.m., on Tuesday, the 30th day of Mar~h, 1971, and be heard thereon; and ' 1 " f!- .' ~. .' .' ,. ~. , , . 'i "1" I NOTICE 'IS HEREBY. FURTHER .GIVEN that at. any time not later than . the 'hour so set for'hearing'objections; any person interested may make .. writ'ten protest stating objections against the granting of said franchise, which protest must.b!3 signed by :1;.he protestant' and' delivered to the ,City .Clerk .,of said Ci.ty.;and. the Counciil sha'll' at the time set for' hearing 'said object:lons proceed' to hear.' and pass' upon at, protests so.made;' and , '. ... .... '. , . " NOTICE,:IS HEREBY. FURTHE,R GIV~'N .thatthe gr~nteeot:said fran.chise .must within five d'ays after the date 'of granti'ng same file with 'the ,Council of said Ci~~ a,bond in the.p~nal'~um of one thousand ($1,000.00) dollars running to, said City, with 'at least two good and sufficient sureties or one' good and suff~cientcorporat!3 surety to. 'be"approved by said Council, condi tioned that such grantee shall well and tnily, observe, . fulfill and perform 'each and every term and condition of said franchise and that in case of ani breach.of con~ition of said' bond o~curing, the ~hole amount , of the penal sum therein named ,shall: be taken 'and deemed to ,'be 'liquidated' -, ,., .' ,.'. - -! ., - ., .,',' .":'.. '. -,- ';' .'. . damages and shall be recoverable from, the pr.:ioilcipal' 'and',sureties . upon , .said bond. . ~. . J t ' . I . J t' " ,_ ,. ~ .. . For further particulars trefelC'ence iSchere!;ly, njad!" '1:0, said ,'appl'ication filed" as aforesaid in th'e offi'ce'" of 'said 'Councir..', , . '.. . .,' ";", .: i, -. .".. f. -.~ " .' .-, . . By order of the, Councl.l of. 'the Q. ty. of:. Chula Vlsta. ;;g"~~~ta . , , . The. foregoing resolution was duly pas,sed and adOptEid by' .the Council of the 'City of Chula Vista at it regular'meeting of the said . Counc,il held on the : 9t'h" day b'f '. March . .., 1971, by the following vote: .' Scott; Hob~l;Hamiltori, Hyde,. Egdahl . " Ayes:. Councilmen' Noes: . Councilmen None Absent:. . ' Councilmen None.. , . ..', ,2) " ,> ". Mayor oft!"el City, .of ATTEST: " ;~t~/ , George .D,: Lindberg', City Attorney ista " l,'. , . ",,'/.: ~ " . -.' . .~-. " /, , . ',-,,,,- , ".' . ,..r...,.'.;,. f,;}.~" "..'; \' . : ~ \. '. ., .~>~.~'> ::~ . ',:,' ," , ,', ' r"~ .'. .. . .. > :'; . :~,i)(~: .'':;.,. :,' ',,' "',' " 2 . ., ,', K[5 ,59'7l ~'!""':i ~ Exhibit "A" ORDINANCE NO. AN ORDINANCE GRANTING TO SAN DIEGO GAS & ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO INSTALL, MAIN- TAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF CHULA VISTA THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1: 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 given instance, the context wherein they are used shall clearly import a different meaning): (a) (b) (c) (d) . (e) . (0 The word "grantee" shall mean San Diego Gas & Elec- tric Company, and. its' lawful successors or assigns; 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; . The 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 free- ways hereafter established within said city; The word "gas" shall mean natural or artificial gas, or a mixture of natural and artificial gas; 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 pr'operty 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; . T;he 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 anj use in the st?eets of said city all pipes and appurtenances for transmit- ting and dis'tributing gas to the public for any and all purposes within said city is hereby granted to San Diego Gas & Electric Company, its successors and assigns. . - 1 - K'i5.S9? ;> .......01+ ~$~-:",..i.. ~ -::i. M,p::,.. .,.:.. 't.:.":. SECTION 3: Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until the same shall, with'the consent of the Public utilities Commis- sion of the State of California, be voluntarily surrendered or abandoned by the 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 con- demning such property, or until said franchise shall be forfeited for 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%) 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 (1%) 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, 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 ~as within said city. Such grantee shall pay to said city within fifteen days after the time for filing such state-, ment, 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 veriTied 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. SECTION 8: The grantee of said franchise shall pay to the city a 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 expense s . . 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 ordinance to be published once within fifteen (15) days after its passage in the , a newspaper of general circulation published and circulated.in saidi city. ! - 2 - 7,[,5,59'7) <.''':'', ... '. PASSED AND ADOPTED by the City Council of the City of Chula Vista, California, at a regular meeting held this day of , 1970, by the following vote to wit: AYES: Councilmen NOES: Councilmen ABSENT: Councilmen Mayor of the City of Chula Vista ATTEST: ~~ -02,lfj~ ~ . City Clerk I hereby certify that the above and foregoing is a full and true copy of Ordinance No. of the Ordinances of the City of Chula Vista, California, as adopted by the City Council of said City on the day of , 1970. ~MU& ~ C~L,M:t ~ -ity Clerk of the City ; of Chula Vista. - 3 - k}s.5y// y F'or'm No. 3 Jl UNANII~?OUS CONSENT F'OkM 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 cor,.sidered and acted upon by the Council. pursuant to the pro~jisior..s of Section 1,.16 of ~he Chu.La Vista CJ_ty Code,. Resolution of intention to grant gas/franchise x_ ~ ~ ~~~ ~- ~{ ..~-F~~ l -2r-~. ~_~ __ / r,~~ ~~`~ tSz.~nature; ~~~ Unanimous Consent of the Clty Council, as ind7cated bl; the following s.tgnatures ~~` ~. `.>~f/,