HomeMy WebLinkAboutReso 1934-368Resolution No. 368 . . • . ,
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RESOLUTION DECI,ARIPIG THE INTENTIOI�T OF THE: CITY OF CF:iTI,A VISTA,
STA1'� OF CAI,ZFOF.27ZA, TO GRANT THE FRAZICHISE TO BRECT, CONSTRUCT,
OPERATE, ?SAINTAIN, U�, REPAIR, AIv'D FRO� TI +h33 TO TI� RErPLACE !
AAID�OR REfl'[OVE ELECTRIC I,INES (FiEI,ONGIIVG TO THF GRANTF�E OF THIS
FRAt?CHZSE, ITS SUC(�SSORS OR ASSIGAS) , CONSISTIN� OF POLES OR
OTI�R SUITABLE STRUCTUI�S AND �7IR�S, CROSSARMS Alv"D OTHER
APPI.IANCES INSTALLED THEREON, AIdD CODTDUITS AND PIFES FOFC FJIRES,
ALO?�G, UNI7ER AND UPON ANY AIv'D AI,L OF THE PUBLIC STR�ETS, ALLEYS,
HIGH�7AYS AAID OTHHI3R PUBLIC PI�AGBS �ITHIN THE CORPORATE LIhITS OF
THE CITY OF CHULA VZSTA FOR T.'� PU'RFOSF. OF TRAN"SMITIING, CONVEYING,
DISTRIBUTING AND SUPPLYZNG E�LECTRICITY FOR LIGHT.
V7��A5, San Diego Consolidated Gas & Electric Company,
a corporation created, organized and existing under and by virtue
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of the laws of the State of California, has filed with the City
Council of the City of Chula Vista, State of California, an appli-
cation for the grant of the franchise mentioned in the title to
this resolution, which franchise is more particularly defined and
described in the form of Ordinance contained in the notice herein-
after ordered to _be published;
-- NOW, THEREFORE, BE, IT R�,SOLVID by the City Council of
the said City of Chula Vista that it is the intention of said
City Cbuncil to grant the said franchise in the form and upon the
terms and conditions contained in said form of Ordinance; that
sealed bids for said franchise be received by said City Council
at its office in the City of Chula Vista, County of San Diego,
State of �lifornia, up to the hour of seven-thirtp (�:j0) o' clock
P.13: on the �� dzy of � , r �, 1934; that all bids re-
ceived for the said franchise sY!all be opened and read before a
meeting of said City Council to be held on the day and at the
hour last hereinbefore mentioned at the said office of said City
Council ; that the said franchise will thereupon be struck off,
sold and a�zarded to the peraori, firm or corporation that shall -
make the highest cash bid as provided by law; that the person,
, fira or corporation to �vhom said franchise sha�l be awarded shall
file crith �aid City Council, within the time provided by law, a
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� bond in the penal sum of One Thousand Dollars (�1,000.00) , which
bond shall be in substance and form as provided by law; that
notice of the filing of said application, and of the time and
place therein fixed for receiving bids for the grant of said
franchise, shall be given as required by law; that the Clerk
of said City be and he is hereby directed to publish once a week
for four (4) successive weeks (there being no daily newspaper
published ia said City) in "The Chula Vista Star", a weekly
newspaper published in said City of Chula Vista, a notice in
the following form:
"IdOTICE OF SALE OF FRANCHISB
I�OTIGB IS AEK�BY GIVEN that on the -�_ day of
, 1934, an application in writing was
made and filed in the office of the City Council of the
City of Chula Vista, County of San Diego , State of
(�lifornia, by San Diego Consolidated Gas & Electric
Company, a corporation, for the grant of the franchise
to erect, construct, operate, ma,intain, use, repair, �
and from time to time replace and/or remove electric
�ines (beloaging to the grantee of this franchise, its
successors or assigns) , consisting of polea or other �
suitable structures and wires, crossarms and other �
agpliances installed thereon, and conduits and pipes
for wires, along, under and upon any or all of the �
� public etreets, alleys, highvrays, and other public
" places within the corporate limits of said City of
Chula Vista for the purpose of transmitting, conveying;
• distributing and supplying electricity f¢.r ligklt, which
franchise is more fully aet forth in the form of Ordinance
hereinafter mentioned, and which said Ordinance contains
a statement of the character of said franchise, of the
conditions on v�hich it is proposed to grant the same,
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and the term thereof, and that said Ordinance is in the
words and figures following, to-crit:
`ORDINAPTC� N0. 2,J�
ORDIL`TAI�TCE GRANTING TO vSqM/ u�� �,i,�J/ef,/ � 4r� �(i.�f-n,i,� '
AND ASSIGNS iHE FRANCF?ISR T �RECT, COP7STRUCT,
. OPER:?TE, �INTAIP7, USE, REPAIR, AND FROfli TZ�iE TO
TI� REPLACL AND/OR RP2�SOVE ELECTRIC LIAIES (SELONGING
TO Ti-IE GRANTZ� OF THIS FRANCHZSE, ITS SUCCESSORS OR
• ASSIGNS ) , CONSISTING OF POLES GR OTN�R SUITABI�
STRUCTURFS AND i�IF�S, CROSS ARIv�S AN� OTHER APPI.ZAfiCES
INSTI�LLED TN�RLOId, AND COi]DUITS AN"D PIPES FOR CIIRES,
AI,OIvG, UNIT'r.R AidD UPON AIv'Y AND ALL OF T:� PUBLIC'
S1^REL�TS, AZI,EYS, HIGii�7AYS Ah� OThr.R PUBLIC PLACES
YlITHIPt TH� CORPORATE I:IhiITS OF THE CITY OF CHULA
VISTA FOR T�� PUF�pOS� OF `!'RAIdSAiITTING, CONVLYIidG,
DISTRIBUTING AND SUPPLYIR�G ELECTRICITY POR LIGHT.
. The City Council of the City of Chula Vista does
ordain as follows : ,. �
Section 1. The City of Ch a Vista hereby
grants toS�„J,B�„d�,,,,l�,tiJ..�d`C0_ooG�.�;`�"��"s successors and
assigns, the f anchise and authority to erect, construct,
operate, maintain, use, repair, and from time to time
replace and/or remove electric lines (belonging to the �_
grantee of this franchise, its successors or assigns) , -
conaisting of poles or other suitable structures and
wires, crossarms, and other appliances installed thereon,
2r_d conduits and pipes for vrires, along under and upon
any and all of the public streets, alleys, highrrays, and
other public places within the corporate limits of said
City. of Chula Vista for the purpose of tranemitting,
conveying, distributing, and supplying electricity for
light, for the term or period commencing upon the effect-
ive date hereof and ending �i?ay 3, 19�1.
Section 2. The grantee of this franchise and its
successors and assigns shall Y�ave the right to erect,
construct, operate, maintain, use, repair, and from time
to time replace and/or remove all electric lines (belong-
ing to the grantee of this franchise, its successors or
assigrs) , as may be necessary for the purpose of trans-
mitting, conveying, distributing, and supplying electricity
for light nnder this franchise, and all such electric
lines shall be constructed and maintained in accordance
with the laws of the State of (�.lifornia and orders of
the Railroad Commission of the State of (3.lifornia, and
the same and all thereof shall be done under the super- .
vision of the Superintendent of Stree�s of the said City
of Chula Vista.
Section . The work of erecting, constructing,
repairing and or removing any such electric lines ehall
be conducted with the least possible hindrance to the
use of the streets and highways, and so soon as erect-
ing, constructing, laying, repairing and�s_ renoving thereof
shall be completed, all portions of the streets, alleys,
or highcrays which have been excavated or othervrise in-
jured, shall be placed in as good condition as the
same were in before the aection, construction, laying �
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repairing, or removing of the same or any part
thereof, �.nd shall be done at the cost of the
grantee its successors or assigns and to the satis-
faction of the City Council of the City of Chula Vista.
,� Sectioa 4. The right to grade, se�ver, pave, maca-
' damize, or otherwise improve or alter or repair the
streets, high�vays and alleys in the City of Chula Vista, �
or to change the grade thereof, shall be and is hereby
reserved to said City; such work to be done so as to
interfere as little as possible with the rights and
privileges en,joyed by the grantee of this franchise
� under the terms and provisions thereof:
Section 5. The grantee, its successors or assigns,
� at their own expense, ehall change tY!e location of any
electric lines placed in the City streets so as to com-
, ply �ith any change of �grade of said streets, highways!
or alleys, ordered by the City Council of said City, and . _
shall maintain and operate the same at all times in accord-
ance with the ordinances and regulations of said City re-
lating to the government and control of the use of streets ;
and the grantee its successors and assigna, at their o�vn
expense, shall place all poles and appliances for the
� support of poles for carrying electric �vires for trans-
�aitting, electii@ity for light, on the streets, highways;
alleys, and otYier public places in said City, so as to
interfere as little as possible tivith the ordinary traffic
on said streets, hi�hways and alleys, and shall, at their
own ea�pense,- remove and relocate said poles and appliances
so as to avoid any interference with the traffic �vhen so
reouired by the reasonable rules or ordinances of said
City:
� Section 6. The grantee, its successors and assigns,
shall and by the acoeptance of this franchise, do waive
any and all claim for damages against said City caused by
reason of any grading, seevering, paving, macadamizing, or
other�ise improving, altering, or repairing any of eaid
atreets, highwaye and alleys in so far as any such work .
shall affect property used, conatructed or installed by
the grantee, its successors and assigns, under the author-
ity of this franchise:
Section 7. The grantee of the aforesaid franchise,
' ite successors and assigns, durin� the term for which the
same is granted, shall pay to the said City of Chula Vista
taro (2) per cent of its or their annual gross receipts .
arising from the use, operation or possession thereof ;
provided, hocrever( that no percentage shall be paid for
the first five (5) years succeeding the date of the grant
of said franchise, but thereafter said percentage shall be
payable annually, and, if such payment shall not be made,
such franchise shall be forfeited ; and provided, further,
that if this franchise be a renewal of a ri�t already in
existence, the payment of said percentage of gross receipts
shall begin at once.
Section 8,: The said franchise is granted under
and puraua.nt to the provisions of the laws of the �
State of California �vhich relate to the granting of
franchises -by municipal corporations of the sixth
class. The franchise herein granted is not exclusive:
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' Section 9. The grantee of the aforesaid fran-
chise, its successors and/or assigns, shall file wath
the Clerk of the City of Chula Vista during the first
.fifteen (15) days of Pebru�.ry of each year commenbing
with the end of the first calendar year in which any
payment shall become payable under the provisions of
' Section 7 hereo£, and during the same period of each
successive year thereafter during the terei of this
franchise, a true statement verified by the oath of
the Secretary of eaid grantee, its successors or
assigna, showing the gross annual receipts arising
from the use, operation or possession thereof, for
the preceding calendar year (or fraction ,thereof for
the first and last years, respectively, as the case
ma.y be) and on or before the lst day of �arch of each
year shall pay to the said City Clerk for the said
City of Chula Vista the sum of• two (2) per cent of
the gross annual receipts as shorm by said statement:
' Said statement so filed shall also contain a state- ;,
ment showing t�e total operating revenue derived
by the grantee from electric service within the �
City of Chula Vista.
Section 10. Any failure or refusal, by said
grantee, its successors or assigns, to file said �
verified statement or to pay said percentage of
said gross annual receipts, as hereinbefore pro-
vided within the time abose provided, shall con- �
stitute ground for the forfeiture of said franchise
and all rights granted thereby. The City. Council
of the City of Chula Vista, or anyone authorized or .
designated by the City �ouncil thereof, may, at any
reasonable time, inspect and examine the books of
the grantee of said franchise, or its successors
or assigrs, and may examine or cause to be examined
under oath any and all of its officers and agents
for the purpose of ascertaining the gross annual
receipts arising from the use, operation and pos-
session hereof. .
Section. 11: Zn the event that this fran-
chise is forfeited for any reason, the grantee or
its successors or assigns shall, at their own expense,
thereafter�remove all poles, conduits and pipes for
v�ires, appliances and equipment of every kind and charac-
ter be�onging to said grantee from the streets, highways
and alleys of the City of Chula Vista, and put the streets,
highevays and alleys in as good condition as they were
prior to said removal. .
Section 12. Any refusal of the grantee, its
successors or assigns to comply with any of the pro-
visions hereof, shall constitute ground for the for-
feiture of said franchise.
Section 1 . This Ordinance shall take effect.
and be in force on the thirty-first day from and
after its passage and approval:
Section 14. That the said Clerk of the City of
i Chula Vista be and he is hereby authorized and di-
rected, im.mediately after the passage and approval
of this Ordinance, to cause the same to be published
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' in the official newspaper of said City, to-wit, "The
(hula- Vista Star". �
" PASSID this � day of G�C�I.o-'1 , 1934, bY
the following vote:
Ayes : Councilmen �a-wxJ• l�yG�, �C-, �vx�•
0
Noes-: Councilmen �Si.
Absent: Councilmen ��
Si ned by the Fda.yo of said City of Chula
Vista this z"� day of 0 , 1934: �
s�/ ,GY /�r.rG
�ayor of the City of Chula Vista,
� � California. •
ATTEST: . •// '
���aX�iYLLL/�'LLO�tE�
City Clerk of the City of '
, Chula Vista, �lifornia. '
NOTICE ZS I-PREBY FURTHER GIVEN that it is pro-
posed by said City Council to grant said franchise upon
the terms and conditions set forth in said Ordinance ;
thzt sealed bids for said franchise will be received by
said City Council at its office in the City of Chula
Vista, County of San Diego, State of (�lifornia, up to
the hour of seven thirty o' clock P.BS. on the � day
of . i - - • .yt�t�it�, i , 1934; that the successful bidder
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and his assigns must, during the life of said franchise,
pay to. said City of 4iula Vista a percentage of the
gross annual receipts to be derived from the use, oper-
ation or possession of the said franchise upon the
terms and conditions set forth in the said form of Ordi-
nance ; that the said Council will meet in open session
on the day and at the hour last hereinbefore mentioned_
and will then and there open and read such bids ; that �
thereupon and during such meeting the said franchis e will
, be acrarded to the person, -firm or corporation that shall
ma.ke the highest cash bid therefor, provided only that
at the time of the opening of said bids any responsible
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person, firm or corporation present or represented may
bid for such franchise a sum not less than ten (10) per
cent above the highest sealed bid therefor, and said bid
ma.y be raised not less than ten (10) per cent by any
responsible bidder, and. said bidding may so continue
until finally said franchise sha.11 be struck off, sold
and av�arded by said Council to the highest bidder there-
for, in gold coin of the United States of America, and
each sealed bid shall be accompanied with cash or a
certified check payable to the Treasurer of said City
for the full amount of said bid, and no sealed bid shall
be considered unless such cash or certified check,. pay-
� able to said Treasurer of said City of Chula Vista, s all
be enclosed therewith, and the successful bidde shall
deposit at least ten (10) per cent of the ount of his
bid with the said City Clerk before s i�ancnise shall
• be struck �off to him; and if he shall fail to -make such
deposit i.�a.mediately, then and in that case his bid shall
� not be received and shall be considered as void� and the
said franchise shall then and there be again offered for
sale to the bidder who shall make the highea.t cash bid
therefor,- subject to the same conditions as to deposit
as above mentioned; tha.t such proce&ure shall be had
until said franchise shall be struck off, sold and
awarded to the bidder who shall make the necessary
depoait of ten (10) per cent of the amount of his bid
as hereinbefore provided; tna.t such successful bidder
shall deposit with the aaid City Clerk crithin twenty-£our
(24)hours after the acceptance of his bid the remaining
ninety (90) per cent of the amount thereof, and in case
he shall fail to do so, then the said deposit thereto-
fore made shall be forfeited and the award of the said
fra_nchise shall be void, �and the said franchise shall
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' then and there �by said Council b= aga.in offered for sale
to tne hi�hest bidder therefor, in the sa.ne manner and
under the same restrictions as hereinbefore provided;
aad in case said bidder shall .fail to deposit vrith the
said City Clerk the remaining ninety (90 ) per cent of
his bid �ithin twenty-four (24) hours after its accept-
ance, the award to him of said franchise shall be set
aside and the deposit theretofore made by hi.m shall be
forfeited, and no further proceedings in the sale of
said franchise shall be had unless the same shall be
again advertised and offered for sale in the manner
hereinbefore provided; and �
NOTZC� IS HEAEBY FURTI�R GIVEN that t`�e grantee
of said francnise must, within five (5) days after the
same shall have been aFVarded, execute and file with said
Council a bond running to said City of Chula Vista, with
at least tvro(2) good and aufficient sureties to be approved
by said Council, in the penal sum of One Thousand Dollara
(�1,000.00 ) , conditioned that sucn .bidder shall �vell and
truly fulfill and perform, each and every term and condition
of said franchise, and that in case of any breach of con-
ditions of said bond the whole amount of the penal sum
therein named shall!:be taken and deemed to be liquidated
danages and shall be recoverable from the principal and
�,sureties, upon said bond; and that in case the said bond
shall not be filed as aforesaid, then the award of the
said franchise shall be set aside and any money paid
£herefor, shall be forfeited, and said franchise shall,
in the discretion of the said Council; be re-advertised
and again offered for sale as provided by law. For fur-
ther particulars reference is hereby made to said appli-
cat;.on filed as aforesaid in the •office of said Council,
and also to the resolution adopted by said Council on the
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`� � day of � , 1934, under and pursuant to �
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which and to the provisions of such laws of the State of
California. as relate to the granting of franchises by
' municipal corporations of the sixth class, this notice
is given, and all proceedin�s relating to the grant of '
said franchise �rill be had. `
: Datin: U.u�, � � `, 1934-
By order of the City Council
of the Ci of Chula Vista
• �'�J�.M/Y���
Clerk. "
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Adopted by the City Council of the City of
Chula Vista this � day of (,I/,U� � , 1934, by the
follocring vote :
^Ayes e Councilmen ��'^�`'� �C`'"'''� �� ' J�'
Noes : Councilmen r�° "" "L
Absent : �ouncilmen ��''�'e
J�. �✓. �'�'�� �y •
�ayor of the ity� a%f'
. Chula Vista, C`a.�ifornia.
. _��J2�1/1�.�-u�J _
, � Clerk.
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