HomeMy WebLinkAboutRES NO 02-58RESOLUTION NO. 2-58
RE SOLUTION STRIKING OFF, i SELLING
AND AWARDING GAS FRANCHISE
WEEAS 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 gas 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 gas pipes and appur-
tenances which now are or may hereafter be lawfully placed in the
public streets, ways and places within said city, and (b) to construct
and use in said public streets, ways and places all pipes and appurte-
nances 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 pursu-
ant 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 at 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 1Bth day of January, 1958, had filed with the
City Clerk its sealed bid for said franchise whereby it offered there-
for 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 per cent (1%) of the gross annual receipts derived
by the grantee of said franchise, its successors or assigns, from the
sale of gas within the limits of said city; and
WEREAS no other or higher bid was filed or made for said
franchise and all protests or objections to the granting of said
franchise 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 20th day of. January , 1958, by the
following vote:
AYES: Councilmen
Balfanz. Bentley. Carnakis
Collins. Croes. Dewire. Doolin
NAYS: None
ABSENT:
None
· ~x-Officio~~Oerk the
c of
Council of the City of Bakersfield,
APPROVED by me~this 20th day of
MAYOH of the City of ~akem
January , 1958.
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