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HomeMy WebLinkAboutCC RES 74-010RESOLUTION NO. 74-10 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO GRANT THE GAS FRANCHISE APPLIED FOR BY SOUTHERN CALIFORNIA GAS COMPANY UNDER DIVISION 3, CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, KNOWN AS THE FRANCHISE ACT OF 1937. WHEREAS, this City Council has received from SOUTHERN CALIFORNIA GAS COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, and engaged as a public utility corporation in transmitting and distributing gas for all purposes to consum- ers in various municipalities and communities in the State of California, including the City of Palm Desert, an application, under and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, for a franehise, which said application states in compliance with the provisions of Section 6231 thereof, that the purpose for which the franchise therein applied for is de:8i.red.is to lay and use pipes and appurtenances for h tran tt tf 7;g anc distributing gas for any and all purposes ;% under,°along, across or upon the public streets, ways, alleys and places, as the same now or may hereafter exist within the City of Palm Desert; and that the term for which the franchise therein applied for is indeterminate, as defined in Section 6264 of the Public Utilities Code of the State of California; and WHEREAS, said application further states that the applicant, if granted the franchise therein applied for, will pay to the City of Palm Desert during the life of such franchise, two per cent (2 ) of the gross annual receipts of applicant arising from the use, operation or possession of Page 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 said franchise; provided, however, that such payment shall in no event be less than one per cent (1°s) of the gross annual receipts of applicant derived from the sale of gas within the limits of the City of Palm Desert under said gas franchise. NOW, THEREFORE, BE IT RESOLVED that this City Council under and pursuant to the provisions of Section 6232 of the Public Utilities Code of the State of California, does hereby declare its intention to grant to SOUTHERN CgL7.�'ORNIA GAS COMPANY the franchise so applied for; and , the 2gth day of March , 1974, at Seven o'clock, p. M., at the pla�e whex� this City Council usually meets, to wit Middle School, Palm Desert is hereby fixed as the day, hour and place when and where all persons having any objection to the granting of such franchise may appear before this City Council and be heard thereon, (the time so fixed for such hearing being not less than twenty (20) nor more than sixty (60) days af ter the date of the passage of this resolution); and ��' BE IT FURTHER RESOLVED that the Clerk of this � � �� „� , City����i;1 i� hereby directed to publish a notice at least once w�ithin fifteen (15) days after the passage of this resolution, in a newspaper of general circulation within this City of Palm Desert, to wit, in the Desert Sun, in the words and figures as follows, to wit: "NOTICE OF INTENTION TO GRANT GAS FRANCHISE. TO WHOM IT MAY CONCERN: Notice is hereby given by the City Council of the City of Palm Desert that it intends to grant, under and pursuant to Division 3, Chapter 2 of the Public Utilities Code of the State of California, known as the Franchise Act of 1937, to SOUTHERN CALIFORNIA GAS COMPANY, a corporation, a franchise to lay and use pipes and appurtenances for transmit- ting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys or places, as the same now or may hereafter exist within the City of Palm Desert; and that , the 2�t�-; day of i�iarch , 1974, at Se�ren o'clock, P. M., at the Page 2, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 place where this City Council usually meets, to wit, Middle School, Palm Desert , is hereby fixed as the day, hour and place when and where any and all persons having any objection to the granting of said franchise may appear before this City Council and be heard thereon. At any time not later than the hour so set for the hearing of objections, any person interested may make written protest, stating objections against the granting of such franchise. Such protest must be signed by the protestant and be delivered to the clerk of this City Council. The term for which said franchise is proposed to be granted is indeterminate, as defined in Section 6264 of the Public Utilities Code of the State of California. The grantee of said franchise, and its successors and assigns, will, during the life of said franchise, pay to the City of Palm Desert two per cent (2�) of the gross annual receipts of the grantee and its successors and assigns arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one per cent (l�) of the gross annual receipts of the grantee, its successors and assigns, derived from the sale of gas within the limits of the City of Palm Desert under said gas franchise. Said percentage will be paid annually from the date of the granting of said franchise, and in the event such payment shall not be made said franchise will be forfeited. DATED: February 14, 1974 � _ � �-,.�.� � .��>y�____-' EUGE� ASMUS, City Clerk City of Palm Desert, California" �' �he City Clerk shall certify to the passage and ��,,.. adop�•�.�if this resolution; enter the same in the book of original ininutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED by the City Council this 14th day of February , 1974 , by the following vote : AYES: Aston; Renson; Brush; �tcPherson; Clark NOES: None ABSENT: None , �. ---° `�-�., � l�ti.,a�;`` � / ,,. ; !.� <.. n�lvrcx ts. �, t�� riayor City of Pa esert, California ATTEST: y�' , ..._�=� ,; ; ,�- -�..�.-�z_. ��'�:.--, -;- �%-�-s,`y'. EUGF.�E ASMUS, City Clerk City of Palm Desert, California Page 3. (To be used where Gas Company does not own a Constitutional Franchise) .�PPLICATION OF--------------------------S4l�1��7:�.��_..�s��.�.�Q�'X1a.s�...�Zd.S---�f.2T[tj�c�.il�-----•--....--------......_..---•---- (Name of Applicant) FOR A GAS FRANCHISE PURSUANT TO THE PROVISIONS OF DIVISION 3, CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, KNOWN AS THE FRANCHISE ACT OF 1937. To the--•----------------. -----------•--•---- California. Gentlemen : .................. City---Council ----.....-----•------••---. -- -- -----------------------•------•- (Name of Legislative Body) ._._Gi�.�r... af .._P a1m..DEser_�-------------------------------------- (Name of Municipality) The undersigned applicant hereby makes an application, under and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, for a franchise, and, in compliance with the provisions of Section 6231 thereof, states : (a) The name of the applicant is_____S_outh�rn.__Galifnrnia__�as___Comp�n_y__________________________ The appticant is a corporation organized and existing under and by virtue of the laws of the State of California and engaged as a public utility corporation in transmitting and distributing gas for all pur- poses to consumers �n various municipalities and communities in the State of California, including the -------------------------------------------------------------- Ci ty--.n f.__P alm_..D��s ex t---------•---------------------------•-----•--•--------------------------• (Name of Municipality) (b) The purpose for which the franchise herein applied for is desired is to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes, under, along, across or upon the public streets, ways, alleys and places, as the same now or may hereafter exist within the ----------------------•------•-----._....---....-----------•Citx of---Palm Desert - -- ---•------------------------------------------------------------------------------------------• (Name of Municipality) The term for which the franchise herein applied for is desired is indeterminate, as defined in Sec- tion 6264 of the Public Utilities Code of the State of California. (c) The applicant, if granted the franchise herein applied for, will pay to the.._.___. City of _ Palri Desert .. __ -- - ....---• .............. (Name of Municipality) during the life of such franchise, two per cent (2%) of the gross annual receipts of applicant arising from the use, operation or possession 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 applicant derived from the sale of gas within the limits of the .......................�ity__ Of Palm Desert •-•---......--•---•-------•---------•--•--------------------------------- (Name of Municipality) under said gas franchise. Dated this-------4tY3---------day of-----------Feh.ruar'y------------------------- 19__Z_4.._. Attest • -------••--- -------••--• ---- -----•-•---------------------------- -------------- � Secretary Address : 810 South Flower Street, Los Angeles, California. ----•SQIZTHERN---GALI.ES.�RDIIA.--GAS--.��.ANY-- (Name of Applicant) BY---------------v-_.......-•---........ -------- •-------•----•---- ---------------•-•-- . Vice President FORM 2493-A