HomeMy WebLinkAboutRES NO 68-57RESOLUTION NOo 68-57
RESOLUTION' OF INTENTION TO GRANT ELECTRIC FRANCHISE
WEEAS Pacific Gas and Electric Company, a California
utility corporation, has filed with the Council of the City of
Bakersfield an application requesting that a franchise be granted
to it of the character and for the purposes mentioned in the form
of notice hereinafter set forth; and
WEEAS in the opinion of said Council the public good
requires that said franchise be granted;
NOW, THEREFORE, BE IT RESOLVED that said Council intends to
grant said franchise, that hearing of objections to the granting
thereof will be held at the time and place specified in the form of
notice hereinafter set forth which the Clerk of said City 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 said City, and that said
notice shall be in the following words and figures:
"NOTICE OF INTENTION TO GRANT FRANCHISE.
NOTICE IS HEREBY GIVEN that Pacific Gas and Electric Company,
a California utility corporation, has filed its application with
the Council of the City of Bakersfield requesting said Council
to grant it a franchise pursuant to the Charter of the City of
Bakersfield and as provided in the Franchise Act of 1937, (a)
to use, for transmitting 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 lO, 1911, all poles, wires, conduits and appurtenances
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 poles, wires,
conduits and appurtenances, including communication circuits,
necessary or proper for said purposes.
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The City Clerk is the person designated to whom sealed
bids for such franchise may be delivered at his office in the
City Hall prior to the hour of 5 o'clock p.m., January 13,195.8
Said sealed bids will be publicly opened, examined and declared
by the Council of the City of Bakersfield at 8 o'clock p.m. of
said day.
If said franchise shall be granted to it, said Pacific Gas
and Electric Company, its successors and assigns, hereinafter
designated grantee, shall during the life thereof pay to said
city two per cent of the gross annual receipts of said grantee
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 of the
gross annual receipts derived by grantee from the sale of elec-
tricity within the limits of said city under both the franchise
to be granted and the franchise now owned by said grantee by
virtue of Section 19 of Article XI of the Constitution of the
State of California as said section existed prior to its amend-
ment on October 10, 1911. Said percentage will be paid annually
from the date of the granting of the franchise applied for an~
in the event such payment shall not be made said franchise shall
be forfeited. Said City Council proposes to grant said franchise
for a term not to exceed fifty years.
NOTICE IS HEREBY FURTHER GIVEN that any and all persons
having any objections to the granting of said franchise may appear
before said Council at the City Hall of said city at the hour of
8 p.m. on Mondaythe 1Sthday of January , 195~, and be heard
thereon; 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 said franchise which protest must be.signed by the protestant
and delivered to the City Clerk of said City, and the Council
shall at the time set for hearingsaid objections proceed to~
hear and pass upon all protests so made; and
NOTICE IS HEREBY FURTHER GIVEN that the grantee of said
franchise must within five days after the date of granting same
file with the Council of said City a bond in the penal sum of
one thousand dollars ($1000.00) running to said City with at
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least two good and sufficient sureties thereto to be approved
by said Council conditioned that such grantee shall well and
truly observe, fulfill and perform each and every term and con-
dition of said franchise and that in case of any breach of
condition of said bond occurring the whole amount of the penal
sum therein named shall be taken and deemed to be liquidated
damages and shall be recoverable from the principal and sureties
upon said bond.
For further particulars reference is hereby made to said
application filed as aforesaid in the office of said Council,
and also to the resolution adopted on the 2Srd day of
December , 195~, declaring its intention to grant
said franchise.
DATED: December 24, , 195~.
By order of the Council of the City of Bakersfield.
City~lerk and Ex-Officio ClSrk
of the Council of the City~0f
Bakersfield." ~ ~ ~'
I HEEEBY CERTIFY that the foregoing resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
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meeting thereof held on the
by the following vote:
AYES:
23rd day of December
Balfanz, Bentley, Carnakis, Collins, Croes
, 195 ,
Dewire, Doolin
NOES: None
ABSENT: None
of the Council of the City of
Bakersfield
'~' APPROVED by me this
23rd
Mayor of~-~he~ity of Bakersfield.
day of December , 195'.
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