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HomeMy WebLinkAboutReso 1920-46 RESOLUTION NO. 46 1/214 fh� t t -• - i. .1 t a� 1,RESOLUTION .11P , t,,', • a „. ' u ti :',' ',: ' °• %r■• . Fi it'.•a4,r— i s, d r � •- x,: ` {rye• '� ''' ''1 • A S i1 88;:(0.k, i ' ', !s. • •A' , " ; ' '.14`,"'E2ESdLUTION °DETE IN'ING„AND P}O'e. , , e ' '` `- ' + , '{'POSING TO GRANT A FRANCHISE TO LAY AND ' ` ° I • •''.t 'MAINTAIN' GAS PIPES IN TEE. pUBLIC S'RfTS, '. ' d �`T•r; ' HIGHWAYS, LANES, ALLEYS AND ,PUBLIC PLACES • 'c ` `' IN^THE CITY' OF CFIULA V IBT•A FOR THE PUR- ' '' POSE OF CARRYING GAS FOR,HEAT OR POWER AND' TO ERECT AND MAINTA4N''ROLES AND , ' i.• • , , WIRES IN” SAID 'STREETS, HIGHWAYS, LANES' x ., ; Y ' °+ . ALLEYS' AN]) 'PUBLIC PL`A'CES''+FOR''T�tAiv SMI$tsr,I O, ,: 4. „ ''�� r ;ELECTRIC''ENERGY FOR .HEAT` Alit POWER PUS- " ,POSES AND. QBTIFRSNG NOTICE ©F AN APPL3' r' k •, ' RATION •'FOR SUCH A FRANCHISE AND OF THE '` I OPOSITION OF THE BOARD' OF TRUSTEES - • ' \ TQ GRANT THE SAM TO BE ADVERtISED, BY �' PUB :,ICATION IN' THE OFFICIAL NEWSPAPERS . \ IN SAID' QITY, , , vH,EREAS an application has been made to- the Board c 1 . I . of Trustees pf"th'e City of Chula Vista by the San Diego ,Consol- ' idated Gas and' Electric Company,. a corporation,, for ,th'e granting of a fi•anchfsd` to erect, lay, operate and maintain' garpipes, and - 1 conduits Or the pizrpova of carrying 'gas for heat and power and`. , to erect, operate and maintain poles, wires, \conduits and ,pipe's - -- ,for wires- for ,ian.sthitting e2ectri•o'ity fdr he.iat ariA poivai: Dur- p:o.ses en,, along, under, and upon all the public streets, highways, " lane's. ane's; ;ley°s r' dnil public places in' the said City of Chula, ti'st.a ' ' 'and to "eercise ,the privilege of furnishing gas for heat and . 'power and' e}.ec.tricity for heat and power on, along, under an& . Upon any and all Of the public streets, hi .ways, alleys, . 2. . nne's 'and', ' 5 f, public place's within the corporate' limits of the City', of Chula‘ • a ;f Vista fox' a t rm 6f fifty years; and . + ''vE AS, ,upon due consideration Of said application the • • E x • ' said Board, cf, :Tra;steep has determined that it is for the best in= terests 'of `sa'i'd City that Such .franchise and authority be granted, - ` and that said Board of Trustees proposes to grant the same, .paw,, .1 w , , d 4F therefore, r,• .' y, erv = _ 4., t Y B-p .it' redolved by the Board' of Trustees of, the City; of; ,: a , Chula Vista as follows: ' , •• That it Is now determined that. such franchise and • ' r , eutbo'rty, shah ye granted fora term of fifty years• from and af'- ' "` ter the date„ of thetaking e'fect of the ordinance granting said ,, • a nchi ^`fra se, in :accordance With said application on tile` in the office r, „, , �,_._ Clerk.f the Ciy' Cler . r ti... ' r ;r • } `...'• i 1 �r tl 'That ,,the said City` Clerk, be ,and he is hereby authprizedr„ and directed to advertise the fact of said application 'having been`' made, together with a statement that it is -proposed to grant the' -same as applied for and stating that bids will be received for o such franchise and that it will be awarded to the highest bidder A by pub°lication 'ttie-eedf'i•n the off idial''Yiewspaper af •CEAid, city, 1 to-wit, the el/44A, V deez,, once i! a week far' four eAcdessive weeks or as often during said period as said paper is publited ; • and said Clerk is hereby further directed to sign said notice - .„and advertisement and to state in said notice the charabtet of the franchise and priti-lege proposed to be granted, the term for. chich it is g,ranted,, that sealed bids therefor will be received Tito the hour of ,�v��,a. oclock �Z•M, on�,uced�., the ; P � tit! dad, �eceaader 1 .t of Nearcla y, 1920,. and that the successful bidder and his, aseign; must during the ;rife of said franchise pay to the City Of Chula Vista, 2% of the gross annual receipts of the person, partnership ° or corporation, tgY`whbw, the franchise is award,ed,, arising from ite - • i use, operation or possession; that no 'pero'thitage )shall be paid for the first five years succeeding the date of the franchise, but thereafter such percentage shall be payable annually and in, the. event said` payment is not made said franchise shall be forfeited. Said notice shall further state that on said i44tq.6(e, ` tee_ eceieec : /J 7 a f AY day of r,, 19'20`, at said /� oclock V .M. the said Board of Trustees in open session will openly and publicly declare said bids and that said franchise will then be struck off, sold and awarded to the person, firm or corporation who sha11•niakee the ' highest cash bid therefor; provid:edg only that at„ the time of the , opening gfrtsaid bids any responsible -person, firm or corpRration,. present or 'represented may bid..for said franchise .or privilege a r V '4 • sum 'hot less than 10% above the highest healed bid therefor anil said bid `so made ma ;be raised not','less, than ,10% by any 'other rest ‘ •.V pandiblenbidder arrd:Lshid bidding may so' continue until ,finally U. said franchise, tall be struck o'ff, sold and awarded by said ,Board of Trustees to the highest bidder thereof in gold coin of the ` ' r A '-j , • s . l4 . t United Status and that said advertisement shall contain such other mat- , s ters and things as are required by an Act of th'e Legislature of the State of California; entitled "An act providing for the Sale 'of street railroad 'and Other franchises in counties and munidipalities and providing conditions for thegranting of such franchises by Legis- lative or ,other o+verning bodies and repealing conflict♦4ng .aots,'" �, t = .. approved Pgarch, 22nd, 1905 and the various acts amendatory thereof , and supplemental thereto . A copy of which notice and ar.Bvertisement is attachad hereto and made a part of this resolution. ` That th,i's resolution shall be in force and effect from and after its passage . • And said City Clerk is hereby further directed to cause . this resolution to be published once in the official newspaper of said City, to-v it, ��c Pitcl IdL . Pre ' dent f the Boa 'of Trustees . e4 ; y ' f%a-0 G , z, aec_va : ItA-.re_ ik.--,,,.„±-- 11-?-z,A,„ 7,1_, rit_ci ,‘ ., �'/✓ - f ' " . t'.: , ♦.1 7A .��. i 'yr '"> Y \ •l / . • j ' ; I eit ateJ , ' } \ I. at' ,geitler-,64: ' i �a a 1 \ * • . a t 4 ♦*a�`t A . • ' n 6 1 '' l t C A r �i • I. :NOTICE OF APPLICATION FOR FRANCHISE TO ERECT, LAY, OPERATE AND MAINTAIN GAS PIPES AND CONNDUITS FOR THE PURPOSE OF CARRYING GAS • FOR HEAT AND POWER AND TO ERECT, OPERATE AND MAINTAIN POLES, WIRES, CONDUITS AND PIPES FOR WIRES FOR TRANSMITTING ELECTRICITY FOR HEAT AND POWER PUR POSES ON, ALONG, UNDER AND UPON ALL THE PUBLIC STREETS, IGHWAYS , LANES ALLEYS AND PUBLIC PLACES IN THE CITY OF • (HULA VISTA AND TO EXERCISE THE PRIVILEGE OF • FURNISHING GAS FOR HEAT AND PO\NER AND ELECTRICITY FOR HEAT AND SOWER ON, ALONG, UNDER ,UNDER AND UPON ANY AND ALL OF THE PUBLIC STREETS, HIGHWAYS, ALLEYS, LANES AND PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF THE SAID CITY OF CHULA VISTA AND OF • THE DETERMINATION OF THE BOARD OF TRUSTEES OF SAID CITY OR CHUULA VISTA, TOG.GRANT THE SAME BY PUBLIC SALE TO THE HIGHEST CASH BIDDER, notice ithereby given that an application has been made. to the Board of Trustees for the granting of anfranchise and authority to erect, lay, operate and maintain gas pipes and • conduits for the purpose of carrying gas for heat and power and to erect, operate and maintain poles,, wires, conduits and pipes for wires for transmitting electricity for heat and power purpos- es along, bn, under and upon all of th.e public streets, highways, • lanes, alleys and public places in the City of Chula vista, Cal- ifornia, and to exercise the privilege of furnishing gas for heat and power and electricity for heat and power on, along,under and upon any and all of the public streets, highways, alleys, lanes and public places within the corporate limits of the said City of Chula Vista for the ten: of fifty years from and after the date of thetaking effect of the ordinance granting said franchise and that it is proposed by the said Board of Trustees of the City of Chula Vista to grant the same as applied for and to offer the same to the highest cash bidder therefor; the said application and the 41.anchise and authority therein described is as follows: TO THE HONORABLE THE BOARD OF TRUSTEES OF THE CITY OF CHULA VISTA. The application of San Diego Consolidated Gas and El- ectric Company respectfully shows to your Honorable Body : I . That your applicant is a corporation organized and existing under and by virtue of the laws of the State of California, and having its principal place of business in the City of San Diego, County of San Diego, State of California. That your applicant is a public service cord �fi a — poration engaged in-the business o?'manufacturing, distributing and selling gas and electricity "and electrical energy for light,' heat, power afid other''purpoaeb': That your applicant is now supplying and distributing gas-for lighting purposes and electricity for` lighting purposes in the said City 'of-Chula Vistal and is so op@ratirigand 'maii- taining its pipes, 'pipe lines, poles, ' Wires and 'other appliances under and by virtue Of the oonstititional ,franchise given"and granted in and by Sectioh 19 of Article 11 ofthe Cbh'stitution of the State of Calif- ornia as it stood prior to the amendment thereof approved October 10, 1911 . II . That your applicant is also distributing within the -said City of Chula Vista gas for heat and power purposes and electricity for power purposes . That in order to accomodate "the growing population within said City and to supply to new customere' within said City gas for 'heats ing and power,purposes and electricity for` power purposes `it .will. be necessary not only-for your petitioner- to maintain and 6psra 't`e'"it't o existing lines, but al SO from time to time to extend such lines into new territory as the same is opened up, developed and settled. III . • That your applicant has been heretofore operating and main- taining its said existing lines and making needed extensions from time to time and thereby furnishing gas for heating and pourer purposes and electricity for p vier purposes within the corporate limits of the said City of Chula Vibta, believing that it had the right to do so under the provisions of said 'Section 19 Article 11 ofthe Constitution of the State of California as the same stood prior to the' amendment approved October 10, 1911. That recently, however, your applicant has made application to the City of San Diego for a franchise to erect, lay, operate and maintain gas pipes and conduits for the puxpose of carrying. .gas for heat and power and to erect! maintain and operate poles, wire's, conduits and•'pipes for ' ires for transmitting electricity. fo - fiet-and power purposes along and upon thu public streets and highways within sae City of San Diego and in order that all municipalities in which your applicant is how operating may be treated alike and in a spirit of fairness and square dealing and in order that . the municipality, of Chula Vista may have the benefit of the'provisions of that certain act of" the Legislature Of the State of California entitled "An act providing for the sale of street railroad and other franchises in counties and muni- cipalities and providing conditions for thegranting of such franchises by the Legislative or other governing bodies and repealing conflicting acts, " approved March 22d, 1905 and thevarious acts amendatory thereof and supplemental thereto, your applicant hereby applies to your Honor- able Body and requests that your Honorable Body advertise for sale in the manner prescribed by the said act of the Legislature of the State of California hereinabove .referred to a franchise to erect, lay; , bper- ate and maintain gas pipes and conduits for the purpose Of Carrying gas for heat and ,power and to• erect, operate and maintain poles, wires, Conduits and pipes for wires for transmitting electricity for heat and power purposes on, along, under and upon all the public streets, highways, lanes, alleys and public places in the said City of Chula Vista and to exercise the privilege of furnishing gas for heat and power and electricity for heat and power on, along, under and upon -. • any and all of the public streets, highways, alleys, lanes and public places within th'e corporate limits of the said City of Chula Vista. IV. That your applicant further requests that the franchise so to be advertised shall be for the term of fifty years and shall pro- vide that the successful bidder and his assigns must, during the life of said franchise pay to the municipality of Chula Vista 2% of the gross annual receipts of the person, partnership or corporation to ; whom the franchise is awarded , arising from its use, -operation or possession, provided, however, that no percentage shall be paid for the first five years succeeding the date -2- • of, the f ran.chite,' bat thereafter such' percentam letiallkbe•,phyable annually and' in `the ' event that said payment is not made' j`aid franchise: shall be forfeited and that said franchise sq. Vibe: awarded shall contain such other tenth and conditions as are prescribed 'and set but in' the said' act of the Legislature of the State, of California hereinbefore referred to. Your applicant further requests that said pub licatipn contain such provisions r as are required by th.e' provisions of said act of the Legisla- ture 'and be made in: all respects in conformity with the provisions' of said act of the Legislature . s V . In making this application your petitioner hereby, makes the Warne with the 'distinct understanding and reservation that the said franchise so to be advertised shall contain no reference whatsoever to the transmitting of gas or electricity fox lighting Y,: purpo,ses or, to the use of the streets, highways, alleys, lanes or public places within the corporate limits of the City of Chula Vista for "thepurpose of erecting, constructing, laying and main= •• taining al @hg or under or upon said streets pipes, conduits and other appliehhebs for transmitting and distributing gas for lighting purposes o•r poles, wires, conduits or pipes for wires under, Upon • or along said streets, highways, alleys , lanes and public places for the purpose of transmitting and distributing electricity for lighting purposes and that the same shall be limited -solely to the use of said streets for transmitting gas and electricity or gas or electricity :for heat and power purposes only. VI. Your applicant •further requests that' the said franchise wh enCsoq granted shall contain among other provisions a pfiovision 'effect that should it finally be adjucated•,by the Supreme • Court of the ''State of California. that the constitutional\franch-ise given by said Section 19 of Article '11 of the said constitution as it flood prior to the amendment, approved October 10, 1911_ in - cludes the right to distribute gas and electricity, or.,go.a.or. elect- ricity for heating and power purposes .end). tIih,trnd . ddit,iopAt or • otherfranchises for such purposes is required by any person, partnership or corporation operating ,udder said constitutional franchise that then and in that event the said franchise hereby applied for tall become null and void and the 'Grantee thereof be relieved of `all the obligations imposed by said franchise and particularly of the obligation to pay to said City 2% df the gross receipts arisirrg from the use, operation or possession of said franchise. "HEREFORE your applicant prays that your Honorable Body advertise the fact of this application being made, together with ' a statement that it is proposed .to grant the same in 'one or more newspapers of the City' of Chula vista wherein the- said, franchise or privilege isto be ex,ercised . That said advertisement shall further state that bids will be received for such franchise and that it will be awarded to the highest bidder and also that said adve tisehient shall state the character of the franchise' or 'pri; vilege proposed to be granted, the term for which it i.srante'd, -and that' sealed, bids therefor will be received up. to a certain hour and day therein named and alsq a statement that said franchise will be struck off, sold' and awarded to the person, film or cor- poration who shall make the highest cash bid therefor and 'such other matters and things as are required by said act of the Legis= .lature hereinbefore referred to to be stated in such advertisement . *, Respectfully submitted, San Diego Consolidated Gas and Electric. Company y 1 By L':U. -3- ` Vice Pret-"an • y _ _ I • t • .'notice If also hereby given that sealed bids, in writing' •F'i for said franchise&t.ffiiilauthority will be received up to the hour" of/Huron- o ' clock �.pd•, ofauact .�, the 2,/-day of 4 1920, when the Board of Trustees of the said City of Chula vista will in open session open and publicly declare said bids. That the successful bidder and his assigns must during the life of said franchise pay to the said City of Chula vista two percent . ( 2%) of the gross annual receipts of the person, partner- ship or corporationto whom the franchise is awarded, ,arising froth i sha111 he paid its use , operation or possession . no percentage Tor the first five ( 5) years succeeding the date of the franchise but thereafter such percentage shall be payable annually; and in the event said payment is not made said franchise shall be forfeited. That said franchise will be struck off, sold . and awarded to the person, firm or corpor- ation who shall make the highest cash bid therefor; provided only that at the time of the opening of said bids any responsible person, firm orcorparationpr,eser}t .or• represented, may pid"f%r ;,s,a\d franchise or privilege a sum not less than ten percent . ( 10%) above the high - est sealed bid therefor and said bid so made may be raised not less than ten percent . ( 10%) by any other responsible bidder and said bidding may so continue until finally said franchise shall be struck off, sold and awarded by said ii.oard of .Trustees of the said City of Chula vista to the highest bidder therefor in gold coin of the United states. Each sealed bid shall be accompanied with cash or a cer- tified check payable to the Treasurer of said City of Chula vista for the frill amount of said bid and no sealed bid shall be consider- ed unless said cash or cheek Vsrenclosed therewith and the success- ful bidder 'shall deposit at least ten percent . (10%)' of ''the imo'unt' `1 of his bid with the Clerk of said City of Chula vista before the franchise shall be struck off to him. and if' he shall fail to make such deposit immediately, then and in that case his bid shall not - , be re eez�ed..: and shall be considered as void, and the said franchies shall then and there be again offered for sale to the "bidder who shall make the highest cash bid therefor subject to the same conditions' as to deposit as above mentioned,. said proceedure shall be had -4- • y ♦ i k ' .� R\'n \, :1 until said fran'oh•ise ••is struck off, sold and awarded to the bidder who shall make the necessary deposit of at least ten percent . '(10%) of the amount of his bid therefor as herein provided . Said successful bidder shall deposit with the Clerk of the said eity of Chula Vista within twenty-four ( 24) hours of the acceptance of his bid the re- maining ninety percent . ( 90%) of the amount thereof and in- case he or it shall fail to do so then the said deposit theretofore made shall be forfeited and the said awarding of said franchise shall be void and the said franchise shall then and there by said Board of Trustees of the City df Chula vista be again offered for sale to the highest bidder therefor in the same manner and under the same restrictions as hereinbefore provided and in case said bidder shall fail to deposit -with the Clerk of said City of Chula vista the re- maining ninety. pslrcent ( 90%) of his bid within twenty-four ( 24) hours after its acceptance the award to him of said franchise shall be set aside and the deposit theretofore made by him shall be forfeited and no further.proceedings for a sale of said franchise shall be ° had unless the ,salhe shall be re-adteztssed and again offered for sale in the manner hereinbefore provided. notice is also hereby given that the successful bidder for said franchise or.'privilege struck off, sold and awarded shall file a bon4 ,running to• the said City of Chula vista with at least two good and sufficient suretiefi_to be approved by the said board of Trust- ees of the said eity of' Chula vista in a penal sum of One Thousand ($1, 000) Dollars. conditioned thatsuch bidder shall well and truly observe, fulfill and perform each and every term and condition of such ' franchise, and that in case of any breach of condition of such bond the whole amount of the penal sum therein named shall be taken and decreed to be liquidated damages and shall be recoveredlfrom the principal and sureties upon said bond. Said bond shall be filed with the Board of Trustees of the said City of Chula Vista within five ( 5) days after such franchise is awarded and upon the filing and approval of such bond the said franchise shall by said govern- ing or legislative bodies be granted by ordinance to the person, firm or corporation to whom it has been struck off, sold or wawarded ; -5- 'D , • . 4 " ° .t., ,` V a} :4 r • , , and in case that said bond shall not be po filed the, award of &such ' franchise shall by set aside and any money. paid, therefor shall be • forfeited and.. said franchise shall in the discretion of said govern - ' t ing or ]5gislative •bddy be re-advertised and again offered for sale , in the 'same manner and under the same restrictions as, hereinbefbre -.S provided. By order of the Board of Trustees of the City of Chula Vista, California. „dated at {hula vista, California, this /7,-day of Oct- , '- .- ob,er/ 1920'. , e . .II/Lrn City . erk of the City of Chula Vista, California. 0----1-0-€.- L�GL -.L � e — ' L -4 ,.e — eriff4-1.,t-tetLe: -'.a, 09 d y2-cy • .1 Pe Y Li ,. • . 1 "Ye .n i I . , r