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HomeMy WebLinkAboutReso 1971-6033 '.." .,.,' ". .' -.t' .J RESOLUTION NO. 6033 (Y,-5C ekct I, RESOLUTION ,OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THOSE CERTAIN FRANCHISES GRANTED TO THE SAN DIEGO GAS & ELECTRIC 'COMPANY PURSUANT TO ORDINANCES NOS. 23, 226; 234 AND 402 OF, THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby' resolve as follows: WHEREAS, the City Council of the City of Chula.Vista has heretofore conducted a public hearing on Tuesday, March 30, 1971 to consider the matter of entering into a new franchise with the. San Diego Gas & El~ctric Company for an indeterminate period in accordance with the terms and conditions"of the franchise proposals for gas and electric service submi,tted by said company in' the application i'lated March.4,:197l, and' , WHEREAS, the existing franchises for gas and electric service expire on May 3, 1971~ and WHEREAS, subsequent to the hearing of.testimony at said hearing on March 30, 1971, the City Council directed that the matter of franchises for gas and electric service to'be provided by the San Diego Gas & Electric Company be continued until the resolution of the issue of a surcharge has been heard and determined by the Public utilities Commission in regard to the" franchise fee presently being charged by the City of San Diego for said services from said company, which determination is expected to be made in the late part of June or early July of 1971, and WHEREAS, the City Counci'l directed tha tat such time as the issue of the surcharge has been resolved that a new hearing be'set in accordance with the provisions of the Charter of the City of Chula vista and that in the interim period, the San Diego Gas & Electric Company shall be allowed to use the streets and rights of way for,the purpose of providing gas and elec.tr ic s,erv'{ce to the ci tize'ps of the ,Ci ty of Chula Vis,ta in accordance 'w'i th the' terms and' condi tions of .the franchises presently in effect, and .... I '. . -. ~ " WHEREAS, it has been, requested~ ,that 'a formal resolution of the purpose, and intent of the City Council in regard to the continuation of the existing franchises be adoptedin.accordance with'~ request rece'ived from the San Diego Gas' &', Electric Company; and- . " . WHEREAS, the City Council of the City of Chula Vista now desires to formally memorialize its understanding to allow the San Diego Gas & Electric Company to use the streets and rights of way of the City of Chula Vista pursuant to the terms and conditions of the aforementioned franchise ordinances for such period of time as may be necessary to receive a final determination of the Public Utilities Commissionre- vi' garding the surcharge issue in the City of San Diego, and WHEREAS, the City,Council of the City of Chula Vista desir'es that said franchise terms be accepted on ,such an interim basis and that all terms,'conditions and procedures for calculating the 'franchise fee be, and the same,' are hereby, unchanged. , ' , - 1 - '.. ,', .. , ,', :_~'~:'.; ,;, ~ '" r, .' ''1~ "\'1 ".1 . ::"\~~~:r,,' , ";:;;". "',,;-'. . .' , ' " . , " , , , ,. NOW"THEREFORE" BE IT REsqr'vED' by the City Council 9f th'i" City of Chula'Vista that the' provisions of those franchises contained in Ordina.'nce No's; 23" 226, 2~4 and 402 be, and the same are her,eby to remai,n in 'full fOrce and effect from and after ,the expiration date ,of May, 3,,1971' to",and,until such'time"as a new hearing shall be called / by the City, Counci'l, to considert,he propo?ition of gtanqng :franchises .'. " by'ordinance to :t~eSari" Diego,Gas~,~:E,lect.:iq .Cofitp,any::i.,; : 'x': " "., ,. ';, ,..-':'" '~ ,--' l:>,~.J~~.,)!..-:,.._,...':",t.,~"l.~."~.j',.,,,(f" ',....,:'''. BE IT .'F:URT,HER RESOLVED' that 'all provisions' of said ordinances shall he 'honored,,'and: 'respected. by ,'tne.City"of Ch\lla,'v~sta 'and all pro-' cedures' pres~ntly in effect ,for tJie'>ca~culat'ion',of.,fran9h;i.s'i=" fees shall, be accepted and binding' during' ,said in'terim" period in' theabs'ence of' a forma1 renewal of the franchises'!ls',required by ,the, c'tJ~r,terof the .. f hI' .., ,.. ' - ("" ..' ,C~ty,o C u a V~sta.' ' ; .. ;' I>' ':', ,:; , , ?resented: 'by . . Approved as toforin by .' .~ ,...... . Manager, , , . ~" . .:,~,." ....- , '. Geo~ge . Lindbe'rg" ci ty , , ~"'~"'-,..,..\..:,:: ,- ,". .,,- ",-' ','- . . . , ' \ ," , i . ',j , ADOPTED AND APPROVED by, the CITY VISTA, CALIFORNIA,' this' 20th' day of, the 'following' vote , 'to-wit: COUNCIL 'of the' CITY OF CHULA " 'April , 1~71, by : AYES:,' :Cou'nc.i,lmen Hyde, Egdahl,' Scott'. Habel. Hamilton NAYES: Counci:lmen None ABSENT, Coun:cilmen ",. ,." " . . D ... ... .,7f:!:::lg!l~ ATTEST \k.~~u.U 7J{\--h2~/. .' t/ c~~y'Cle~, ',', STATE OF' CALIFORNIA ) , COUNTY OF ,SAN DIEGO ) ss:" CITY OF 'CHULA 'VISTA ) " None ,:, i ", .- , ,."..... ,- . ,,~.-, , . ... ,'I" , ,:City Clerk'ofthe City of,' Chula'Vista, Californ~a, DO HEREBY, CERTIFY' that the above' is 'a full, true',', ahd correct copy of Resolution'No,'" , and that the' 'same has not,been amended or repealed. DATED ,~. . , ' " , C~tY,Clerk , . " ~ ", " ,'". ,,~ .." ' , , " , , " ;r,': :. " ,> " " -.::; . : I" " , , , :",~, .a ' , ' " " ,2', , . ".' ", , ."' ' lJ035