HomeMy WebLinkAboutRES NO 008-08(2)RESOLUTION NO. 008-08(2)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD TO EXTEND THE TERMS OF EXISTING
PACIFIC GAS AND ELECTRIC COMPANY'S FRANCHISE
AGREEMENTS FOR THE USE, TRANSMISSION, AND
DISTRIBUTION OF GAS AND ELECTRICITY WITHIN THE
CITY OF BAKERSFIELD FOR A PERIOD OF AN
ADDITIONAL 90 DAYS (TO DECEMBER 18, 2008, OR
UNTIL ADOPTION OF THE NEW FRANCHISE
ORDINANCES, WHICHEVER OCCURS FIRST) UNDER
THE EXISTING TERMS AND CONDITIONS
WHEREAS, on January 20, 1958, the City Council, by adoption of Ordinance
Nos. 1166 and 1167 granted to Pacific Gas and Electric Company ("PG&E") franchises
to use, transmit, and distribute gas and electricity within the City of Bakersfield; and
WHEREAS, the term of each franchise was for a period of time not to exceed 50
years; and
WHEREAS, said franchises were due to expire on or about February 19, 2008;
and
WHEREAS, PG&E requested in writing that the City Council extend the terms of
the existing franchises for a period of 90 days in order to allow the City and PG&E to
finalize and submit to this Council new franchise ordinances; and
WHEREAS, on January 16, 2008, the Council extended the current PG&E
franchise ordinances for gas and electricity 90 days to May 19, 2008; and
WHEREAS, on May 7, 2008, the Council extended the current PG&E franchise
ordinances for gas and electricity an additional 120 days to September 19, 2008; and
WHEREAS, over the last few months, PG&E and the City have made substantial
progress toward reaching agreement on new franchise ordinances; and
WHEREAS, in order to allow the parties time to finalize the terms of the new
ordinances and comply with notice requirements, the parties wish to extend the existing
franchises an additional 90 days (to December 18, 2008, or until adoption of the new
franchise ordinances, whichever occurs first) under the existing terms and conditions.
NOW, THEREFORE, RESOLVED by the Council of the City of Bakersfield as
follows:
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ORIGINAL
1. The above recitals are true and correct and are incorporated herein by
reference.
2. The current PG&E franchise ordinances for gas and electricity (Ordinance
Nos. 1166 and 1167) are hereby extended an additional 90 days to December 18, 2008
(or until adoption of the new franchise ordinances, whichever occurs first) under the
existing terms and conditions.
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ORIGINAL
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
Council of the City of Bakersfield at a regular meeting thereof held on
AUG 2 0 20fJB by the following vote:
AYE COUNCILMEMBER ~ 1~'SIh, ~jPXI ~1q,Y-1 INU l~ ~p(,(,~~,
ES: COUNCILMEMBER rl.tTin o ~ ~ ~ ~ (~d~j~ Scr( JnQ.y
ABSTAIN: COUNCILMEMBER_ {ALA--no
ABSENT: COUNCILMEMBER Gtr.
PA ELA A. McCART CMC
CITY CLERK and Ex Officio Clerk oft e
Council of the City of Bakersfield
APPROVED: qUG 2 0 20~i
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ,/~;~
ROBERT M. SHER
Deputy City Attorney
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ORIGINAL