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HomeMy WebLinkAboutROI NO 1765RESOLUTION OF INTENTION NO. _ 1765 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ACKNOWLEDGING THE INTENTION TO GRANT A GAS FRANCHISE WHEREAS, Southern California Gas Company, a California public utility corporation ( "SCG "), has filed with the Bakersfield City Council an application requesting that it be granted a franchise of the character and for the purposes mentioned in the form of notice set forth below; and WHEREAS, in the opinion of the City Council, the public good requires that the requested franchise be granted to SCG. NOW, THEREFORE, BE IT RESOLVED that the City Council intends to grant to SCG a franchise, that hearing of objections to the granting thereof will be held at the time and place specified in the form of notice set forth below, which the City Clerk is hereby directed to publish at least once within fifteen days after the passage of this resolution in The Bakersfield Californian, a newspaper of general circulation within the City, and that that notice must be in the following words and figures: "NOTICE OF INTENTION TO GRANT FRANCHISE NOTICE IS HEREBY GIVEN that Southern California Gas Company, a California public utility corporation, has filed its application with the Bakersfield City Council requesting that the City Council to grant it a franchise for an indeterminate term under the Charter of the City of Bakersfield and the Franchise Act of 1937, to lay, construct, erect, install, operate, maintain, use, repair, or replace pipes and appurtenances, in, along, across, upon, under, or over the public streets, ways, alley, and places within the City including, but not limited to, highways and freeways now or hereafter established within the City for transmitting and distributing gas to the public for any and all purposes. If the City Council grants a franchise to Southern California Gas Company and its successors and assigns, hereinafter referred to as Grantee, Grantee must, during the life of the franchise, pay to the City two percent of Grantee's gross annual receipts arising from the use, operation, or possession of the franchise; provided, however, that such payment will, in no event, be less than one percent of the Grantee's gross annual receipts from the sale of gas within the City limits. Grantee must pay the appropriate percentage annually after the expiration of the calendar year, or fractional calendar year, following the date S: \COUNCIL \Resos\ 13- 14 \SoCa1Gas.GasFranchise.doc -- Page 1 of 3 Pages -- �AhF - r- of the granting of the franchise applied for. In the event Grantee fails to pay the required payment, the franchise will be forfeited. If the City Council grants the franchise to Grantee, Grantee must, during the life thereof, also pay to City an additional one percent of the Grantee's gross annual receipts from all gas utility customers served by Grantee within the City limits; provided, however, the additional one percent will not be charged of those customers participating in Grantee's California Alternative Rates for Energy (CARE) Program or successor low- income assistance program. Grantee's collection and payment of the additional one percent is subject to Grantee receiving approval from the California Public Utilities Commission for the additional one percent. NOTICE IS HEREBY FURTHER GIVEN that any and all persons having any objections to the granting of the franchise may appear before the Bakersfield City Council at the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, at the hour of 5:15 p.m., or as soon thereafter as the matter may be heard, on October 16, 2013; and NOTICE IS HEREBY FURTHER GIVEN that, at any time not later than the hour so set for hearing objections, any person interested may make written protest stating objections against the granting of the franchise, which protests must be signed by the protestant and delivered to the City Clerk of the City of Bakersfield, 1600 Truxtun Avenue, Bakersfield, CA 93301. The City Council will, at the time set for hearing objections, proceed to hear and pass upon all protests so made." For further particulars, reference is hereby made to the proposed ordinance attached hereto. S:\ COUNCIL\ Resos\ 13- 14 \SoCa1Gas.GasFranchise.doc -- Page 2 of 3 Pages -- �1c;A K, � , r �Jhh C tJ9 1N il! HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on September 25, 2013, by the following vote: AY ' COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, _ . SULLIVAN, NO S: COUNCIL MEMBER 0h9- ABS COUNCIL MEMBER 7SO AB COUNCIL MEMBER ncne�. �-&" V�a� ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 2 5 2013 Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By ANDREW HEGLUN Deputy City Attorney AH: All S:\ COUNCIL\ Resos\ 13- 14 \SoCaIGas.GasFranchise.doc -- Page 3 of 3 Pages -- �aAKFq � fTl F-- 0 p� f C;} 0 i"iiL7.I( IAL �saK \ . g \ \ 3 6 ?SG6aL = q 1114 R 2 cm ® 2 a, Imso ! LU § $ _. » a _ ° � ! 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County of Kern ) ROBERTA GAFFORD, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 27TH day of September, 2013 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1765 passed by the Bakersfield City Council at a meeting held on the 25th day of September, 2013 and entitled: RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ACKNOWLEDGING THE INTENTION TO GRANT A GAS FRANCHISE. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City o Bakersfield By: ja. A, DEP City Cler SADOCUMENIIFORMSWOP. R01.wpd }_._ T ORIG NAL