HomeMy WebLinkAboutCC RES 74-019RESOLUTION NO. 74-19
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, KI OWN 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 franchise, which said application states in compliance
with the provisions of Section 6231 thereof, that the purpose
for which the franchise therein applied for is desired is to
la 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 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 (20) of the gross annual receipts of
applicant arising from the use, operation or possession of
said franchise; provided, however, that such payment shall
1
2
� 3
4
; 5
6
7
,� 8
9
� 10 I
11 II
: 12
13
� 14
15
16
17
18
19
20
21
22
23
24 ,
25
26
27
� 28
° 2g
30
31
32
.�
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 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 CALIFORNIA
GAS COMPANY the franchise so applied for; and the 25th
day of April, 1974, at Seven (7) o'clock, P.M., at the 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 all persons having any objection to the granting of
such franchise may appear before this City Council and be
heard thereon, (the time so f ixed for such hearing being not
less than twenty (20) nor more than sixty (60) days after the
date of the passage of this resolution); and
BE IT FURTHER RESOLVED that the Clerk of this
City Council is hereby directed to publish a notice at least
once within 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 FR.ANCHISE.
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 25th day of April, 1974, at Seven (7)
o'clock, P.M., at the 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
Page 2.
RES. 74 -19
�.
I
I
;tz.
'l:i
p=,
ap�ear be:�are this City Council and be heard thereon. At any
time not later than the hour so set tor the hearing of
objections, any person interested may make written protest,
statinc� objections against the granting of such franchise.
Such protest must be signed by the protestant anc� be delivered
to the cle:rk of this City Council.
The term f:or which said �ranchise 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, durin� the life of said franchise, pay to
the City of Palm Desert two per cent (20) of the gross annual
receipts of the grantee and its successors and assigns arising
from the use, operation or ��ossession of said franchise;
pruvided, however, that such nayment shall in no event be
l.ess than one per cent (ls) 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
c�as franehise. Said percentage will be paic� annually from the
date o� the granting oz said franchise, and in the event such
payment shall not be made said franchise wi11 be forfeited.
DATED: March. 1.4, 1974
FI VEY HUIZ RTy City Cler.k �
City of Palm Desert, Ca7,i�o�nia"
The City C1erk shall certify ta the r�assage and
adoption of this resolution; enter the same in the k�ook of
original minutes of the meeting at which the same is passed
and adopted.
Resolution No. 74-�10 of this City is hereby rescinded
and the hearing set therein vacated.
PASSED, APPROVED and �POPTED by the Cit_y Council this
7�,� � day oF r?ar�� _, 1974, by the �ollo�aing vote:
AYES:
NOES:
Aston; Brusli; ?'ncPlierson; C_l_ark
None
ABSENT: lienson �. _.__,'� r_ /� �
`-� _. � _Pr� t ;�� E
� , i,__�,t.. >"': ti�_ii x - �:� ��
HEN Y B. CL `�tI�, Mayor �
City of Pa�..m'�,pesert, Californi.a �
ATTEST: a
E
HA V'EY HUR , City Clerk
City of Palm Des2rt, California
1
2
,
3
4
S
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
Page 3,
RES. 74-19
�