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HomeMy WebLinkAboutReso 1971-5978 ", " ,- .. '.; .' :'.....: :', " ,,-, '. .,., ,i ,) !.',P;.,;- " ,..- '. .... , > ,,', ; ~ " ' , '. . '" ',~. /.~ ':,~~, ,", ,; _.t., _.e 0 ,I. .r." ,_ ~ '. , .' " '.. , ,',,' '.- ,RES9LUTION ,NO,' 5978 ~ '-, :,' >.,' :", ' RESOLUTION OF, THE ,cr'ty ,COUNCIL OF" THE, CITY OF" CHULA V:ISTA' '.,OF INTENTION ,TO :GRANTEI:E~Ti,}C ,FRANCHisE .~ ,- '." "', / '. . - '. . .....:. '...., ' ~ " ','~, - .... ,; . "- . . " "'." - ' . . ',' . . .. , . ~_., :.'" ,:'.~ ," . " i'. . ('. ,- 0' ,- -..., . , ':' .', '-, ': ..;"( ... The 'City Counc.n of.tlle ic:ity .o,f ,Chula Vist,a.does h.~r,eby r~sol ve 'as follo"{s,,' " ,~ ,',,:,' ", , , -. ~ ' .' . .... . '. ." '.' -' ., -' . . . . . . . . . . .', "iHEREAS ,Sa~' p{ego 'Gas' & ElectdcCompa'ny.,' a'Caiiforniil .corporation;~ has,.fi'iedwith ,the Co'uncil"'of 'th'e',City of/Chuia Vista, an . applicaUpnr'Zq\lesti!"g ,that:'a . franchise be'; granted ',to;:'i t, of. ',the char.,-. '.' acter and fqrth,e, pu,rp?~.e~'.mentioned "in' the :Eorm qf notice nereiI].after set forth; and' '. ,.' . . ;'" . . , '. , .. r .. - ...' .. . . , '. ,,' " , , '. ..' - '- . ~ '.". ',. . '. . . .' . : , . . WHEREAS~in the:'opi'nlon of said'..Couricilthe.:,public good ',' . . ,.. '_ - f':' c. - . '. . ,." 'tha"t a franchise,: be 'granted;.. and, ' :' . ",.5" " .' ". :.'" . . ., .,',' .. .. -, ') .. ~.' ... requires " ,. ,.': ; ,'". .' "'" WHEREAS; thefranc'hise as Electr,ic c:cimpaI)Y~" :rriarked"as.' Exhibit ~. iflcorpor~ te'dh~rE!in by" re'ference as .. ".".,. "",. " ." ... . .~. . _'-,.,'" -'. ;- , .,' . submitted ,'by the San Diego" Gas & nAn, and,'attached.hereto and if,sd:Eciitil'in fulL" . ," --,. .-, '.' " " .', " . ~ . - - .... ' '. ,'. , . , ,;NOW ,,' THEREF0RE; 'BE IT RESOLVED that the City' Council ,of the City. 'of~'Ch,ula Vist,a ,inten<;1s :,to',b()nSider the graIlting, of <.said franchise; . being the '.9r,d~nance marke.d' Exhipit", 1'; ".-> that he,('lring 'of ()bjections to the, granting thereo'f wiLL, "be held. at the time. .and place' ',specified .in the form of notice ,herE,inafter ~et fortn 'wh:hch the Clerk, of,> the City', >:s hereby d'irected ,to publish 'at 'le.ast 6ncewithin fifteecn days after the passage of this, resoluti.oiiin,the, Chula';Vista'.Sta{, New,s, 'a. news"', paper of general: ,sfrculation. wi,thin 'said'Ci.ty, i ana that said notice' shall, be in' the. f.o:l'lowingwords 'and figures:'; . NO'l;'ICE OF "INTENTI9N TO' GRANT;FRANCHISE~,.' ",'., ....,';.".,: ,.",',', -,' " '. ',.', ,:...,- .,..<. ....-'.. "..... ., , . . . I: ., " . ~,_ -.' .' : ....,., '. I :NOTICE 'IS HEREBY,',GIVEN that San. D:Lego,'Ga's.i; Electric Company, a California corporathm'i)1asfiled its application with the COl1ncil 'of the City of':Chula Vista requesting' said 'Council. to grant. it. a franchise for an indeterminate, periQd',unaer the Franchise Act 6f"1937'"to ihstall, maintain. and use' pipes 'and' appurtenances und'er, a'long, , across and upon the public streets and plac"es w:Lthin said citY' for transmitting and distr:ibutingelectr,iCi ty, ,t'o :thE! public for 'any and.' aflpurp',?~es'. .,'. .~ ! ,."!. ',,.: . .:". ',' . '-.< '. . l . .' If :said' fran~hiie'sh~J.l be. gr-ar.,-tedtoi t, ~'aid' S~n Diego Gas & -: . Electric Company.; its successors and assigns; hereinafter:designated ., ., - .. ' '. - '- . , 'gran.tee".' shall during the 4ife thereof 'pay to said. Ci~y two percent of the gi'Cfs's"annual:recei'pts of."said grantee, arising, fr'orn the'use, 'operation or.- 'p,Ossessi'on of' .'s'aid franchi~",; provide<:I'" however', .:t.ha 1: 'such payment, ." , shall in no event be less "than' .one per 'cent. of 'the, gro.ss.annual :receipts derive? by grantee, from the:"sale of elect:#city within thel:imits of ' said ,City. .. " '.' " Said percentage' will be pa'idannu~lly 'fiomthk, datE';' of the. g:r;an~ing of the, fr.anchise,applied,'fo~.: Fifst'"~,rinmi~.,p'~y~en.t-',to be m'a'de Wl thln threemon ths ".and' f lfteen days' 'after"the'expl'ra tlon,.'of the. calendar year,1971. ' Subseouentannlial ;payments willbemade.'within three months . " and fifteen days ii:fter' the' tej;'min at i 0;":' o'f ,ea'cICa:nd ',every:. c('l.ihdar. year ' , '. . ,__ .' .,' _ .' ;" .' .." . . ,". .J,~, ,~'. ,.. . . , . . thereafter. In. the. event such' paymentsshall,not,'be..,made, "sald franchl'se sha,ll be .forfei ted. Said ,Ci't'y Cq\lncfi" pi-Clposes to g~il.I;t' s;';d,f';anch'ise. for an indeterminate, period;' ."," '" ~ '" ''''~''i'' ",,;", .' .' - - - . .;'" .-. . .,. .' _ "; ,.'; . _' ~.~~~~, :,~~};.fi>-t .:'..},... ~_:';.~.:,: . . '. '. .' NOTICE IS HimEB,Y FURTH)':R GIVEN tha'( ar\'i, al')a:ap:persons '~av:ing any obj.ectio'ns:. to ,th,e grantil')g" of ,said :franchi,se'maYt appei;lr before. said, Council at .the:'City Hall of said' City at ,the hour. of 7:00 p.m".:on Tuesday, "the 30th.d'ay' of March;' ],971'; and be, he,ard the'reon;',and;' "', , " *. l.' , ',' ,",,", ", ; ~. .1, j' .~, ., ., , .. ~"''". '. . " :.'.J (, ". .,',," : .... ~,~ '. . '." . ~', . ';,.. ~ ,.~~~ ' , ~ '~ ~ ~ -;',',. i....'. , . ",< i' '.,,' " .oJ, I .' .. ~. . . "'.. r'., '.'.-. " " }'. " " ... . ~.~, " NOTICE IS HEREBY, 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 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 HEREBY, FURTHER GIVEN that the grantee of said franchise must within five days after the date 'ot"grant:ing same fiiE,'.:with the Council of said City a bond in the penal sum of one thousand, ($l~OOO,OO) dollars running to said City with at least two good and sufficient_ ~ureties or one good and sufficient corporate'.surety to be "approved:by 'said Council, conditioned that such grantee shall well ,aqdtiuly observe~'.fulfill and "perform each and every term and condition of said franchise and that in case o.f any breach of condition of, sai;d,' bor:-d occu:r;ring,' t,he whole amount of the penal sum therein named sha:U-' 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. .' . The foregoing resolution . Counc'1.1 of the City of Chula Vista Council held on the 9th day of following vote: was duly passed and adopt~d at a regular 'meeting' of' the March , 1971"by by the said the AYES: Councilmen' Scott, ,Hobel, Hamiiton, Hyde, Egdahl NOES: Councilmen None ABSENT: Councilmen None Mayor of the ATTEST: Appr9ved as to form by '/]-//J erk of Ch, a'Vista -~~,~" GeorgeD, Llndberg, City Attorney 'v :\. - 2 - ?S,S97% , ' .. ," . . Exhibit "An ORDINANCE NO. '. .' , / I I I I SECTION 1: Whenever in this ordinance the words or phrases here- inafter in this section defined are used, they shall have'the respective mean- ings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): AN ORDINANCE GRANTING TO SAN DIEGO GAS & ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINT AIN AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNI- CATION 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 AND , PLACES WITHIN THE CITY OF ~ ~ THE CITY COUNCIL OF THE CITY OF DOES ORDAIN AS FOLLOWS: .,.' '-.,,:; ., ," (a) The word "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 corporation of the State of Califorma, in its present incorporated form or in any later reorganized, solidated, enlarged or reincorporated form; 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. II . II /' The phrase poles, wires, conduits and appurtenances ,./ shall mean poles, towers, supports, wires, conductors~ , I 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 iri';upon" along, across, under or over the streets of the city.' and used or useful in the transmitting and/or distritluting of electricity; The phrase "construct, maintain and_Jse" shall mean to construct, erect, install, lay, operate, maintain, use, repair or replace. , con- (c) (d) " ".of", . (e) ,./ 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. -1- ~Sf7~, e e' 31~l'11 ~t- ., SECTION 3: Said franchis'e 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 Commission 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 condemning 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 (20/0) of the gross annual receipts of said grantee arising from the use, operation or possession of said franchise; I. provided, however, that such payment shall in no event be less than one per I cent (10/0) of the gross annual receipts of grantee derived from the sale of I 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 flfteen days after the time for filing such statement, in 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 I 1937. I SECTION 7: This ordinance shall become effective thirty days aftJr its final passage unless suspended by a referendum petition filed as provideid by law. I SECTION 8: The grantee of said franchise shall pay to the city a'! sum of money sufficient to reimburse it for all publication expenses incurr,ed. by it in connection with the granting thereof; such payment to be made withm 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. . . , '. I SECTION 10: The City Clerk shall cause this ordinance Ito be pub- lished once within fifteen (15) days after its passage ill the '- a newspaper of general circulatlon publ1shed and clI'culated in said city. . ) . . . ;----, , " -2- 12~~fQ171 ""---. ~~ \. ,". , ~~.' . . 't";:'~ '. ATTEST: s . " e' .. f PASSED AND ADOPTED by the City Council of the City of , California, at a regular meeting held this day of , 19_, by the following vote to wit: AYES Councilmen NOES Councilmen ABSENT: Councilmen Clty Clerk ;', , . Mayor of the Clty of I hereby certify that the above and foregoing is a full and true copy of Ordinance No. of the Ordinances of the City of , California, as adopted by the City Council of said City on the day of 19 ~ , ! , Clty Clerk of the Clty of --",-~,' I ) ./;/' /' "',- I ~6:.C;:1;g<", Form Noa 3~1 UNANiI~©US CGNSENT FOB IT iS HEREBY REQUES'iED by the undersigned that the following stem, with the unanimous consent of the City Council of the City of Chula Vista, be ronszdered and. acted upon by the Council pursuant to the provisions of Section L~16 of the Chula Vista City Code Resolution of intention to grant 10 year extension to Chula Vista Sanitary Service ,,C -~~ ~ ;~~1 ~~ z t,Signature~ C ~'' Unanimous Consent of the City Council, as itYdr'cated b~7 the following signatures : _,!~ ~ ~