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HomeMy WebLinkAboutRES NO 03-58RESOLUTION RESOLUTION STRIKING OFF, SELLING AND AWARDING ELECTRIC FRANCHISE WHEREAS Pacific Gas and Electric Company, a California corporation, filed in the office of this Council on the 14th day of January, 1957, its application for the franchise (a)'to use for trans- mitting and distributing electricity within said city for any and all purposes other than those authorized under Section 19 of Article XI of the Constitution of the State of California, as said section existed prior to its amendment on October 10, 1911, all poles, wires, conduits and appurtenances which now are or may hereafter be lawfully placed in the public streets, ways andplaces within said city, and (b) to construct and use in said public streets, ways and places all poles, wires, conduits and appurtenances, including communication circuits, necessary or proper for said purposes; and WHEREAS this Council on the 23rd day of December, 1957, adopted a resolution declaring its intention to grant said franchise upon the terms and conditions in said resolution set forth and pur- suant to the Charter of the City of Bakersfield and the Franchise Act of 1937; .and WHEREAS due notice of intention to grant said franchise has been published in the manner and it the time prescribed by law and by the aforesaid resolution, which notice designated the City Clerk as the person to whom sealed bids for said franchise should be delivered at his office in the City Hall prior to the hour of 5 p.m., on Monday, January 13, 1958, and also designated 8 p.m., of said 13th day of January, 1958, as the time for opening said bids and for receiving protests to the granting of said franchise; and WHEREAS this Council at the time specified in said resolu- tion and said notice for opening and examining said bids, viz: at the hour of 8 p.m., on the 13th day of January, 1958, met in open session for said purposes; and WHEREAS said Pacific Gas and Electric Company prior to said hour of 5 p.m. on said 13th day of January, 1958, had filed with the City Clerk its sealed bid for said franchise whereby it offered -1- \ therefor to pay to the City of Bakersfield during the life of said franchise two per cent (2%) of the gross annual receipts arising from the use, operation or possession of said franchise, provided, however, that such payment shall in no event be less than a sum which shall be equivalent to one-half per cent (1/2%) of the gross annual receipts derived by the grantee of said franchise, its successors or assigns, from the sale of electricity within the limits of said city; and WHEREAS no other or higher bid was filed or made for said franchise and all protests or objections to the'granting of said fran- chise then or theretofore made or filed were duly disposed of or overruled by this Council; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD that the aforesaid franchise be and the same is hereby struck off, sold and awarded to said Pacific Gas and Electric Company, its successors and assigns, in consideration of said bid and upon the terms and conditions set forth therein and in said notice and said resolution, to all of which reference is hereby made for a more par- ticular statement of said terms and conditions. I 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 the 1Bth day of January, 1958, by the follow- ing vote: AYES: NAYS: ABSENT: Councilmen Councilmen APPROVED by me~ this 20th day of MAYOH o~y o~f~ Councilmen Balfanz, Bentley. Carnakis, Collins, Croes, Dewire, Doolin None None Council of the City of Bakersfield. January , 1958. -2-