HomeMy WebLinkAboutRES NO 66-64 RESOLUTION NO. 66-64
..
RESOLUTION OF INTENTION.' OF THE COUNCIL .OF THE
CITY OF BAKERSFIELD TO CONSIDER THE GRANTING
OF A FRANCHISE TO CONSTRUCT AND USE POLES,
WIRES, CABLES, CONDUITS AND APPURTENANCES
UNDER, ALONG OR UPON ANY OR .ALL .pUBLIC ~STREETS
IN THE CITY OF BAKERSFIELD~
+IWHEREAS, Trans-Video Corporationl a corporation duly
organized and existing ·under and "by virtue' of the laws of the
State/of. California, has filed with the Coun6il of the City of
Bakersfield an application requesting that a. franchise 'be granted
to it of the character and for the phrpose mentioned in the form
of notice hereinafter set forth: '.
NOW, THEEFOE', BE'~ IT RESOLVED that hearing'of' Objections
to the' granting thereof will be held at the time and. place ·specified
in the 'form 0f 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,
~ newspaper' of general circulation within said.City, .and that said
notice shall be in the following words-and figures:
"NOTICE OF INTENTION TO HOLDHEARING FOR THE :-
-PURPOSE OF CONSIDERING APPLICATION FOR A FRANCHISE."
..NOTICE IS HEREBY GIVEN that Trans-~ideo COrporation, a
.~orpOration duly organized and existing under and by virtue of the'
laws of·the State of California,..has filed its application with the
Council0f the City of Bakersfield reques~i.ng said Council to grant
it a franchise for a term of fifty (50) years.'from and after the
· date thereof~ to use:or tO constrUct'and use~ poles,'wires., cables,
conduits ~nd appurtenances for the purpose of transmitting and
.......... distrib-uling-Slectricity'and.-elec~rical--imP~lses.,-~n.d-~s~na-l-s---~or
television and/or' radio purposes,.namely. to produce reproductions
of sights and sounds to the residents of t'he City of Bakersfield,
under~ along or upon any or all public streets~ ways,' all~ys and
places o'f said City of Bakersfield .aS. the'.'same now exist or here-
after .exist. '
The City Clerk is the person designated to whom. sealed
bids for such ~ranchise may be de Iivered "at her off:ice in the City
.Hall prior to the' hour of 5 o'clock P~ M., Tuesday, November
1964. Said sealed bids will be~ Publicly opene~ examined .and
declared by the. Council of. the City of Bakersfield at 8 o'clock
':-
P. M. of said.day. '
if the franchise herein requested is granted to it, said
Trans-Video Corporation, its successors and assigns, hereinafter
..designated grantee, shall 'during'the life.thereof pay'to said city
three percent '(3%) of the gross annual receipts, or ·whatever the
percentage over three perdsnt (3%)'is the 'highest bid, provided,
· however, that 'the first such payment to be 'made will be based
uponlgross. receipts derived by. grantee in the fractional year
following the granting of said franchise. Said.:percentage will-be
paid annually from the date of the granting ofthe franchise applied
for and in the. event such payment shall not be.made said franchise
shall be forfeited. :, ...
If said franchi~ is granted~ construction work under
such franchise shall be commenced within.four months from the date
'o~ the taking effect of the ordinance g~anting said franchise, or
said franchise shall be forfeited,. ;"
NOTICE IS HEREBY FURTHER GI.VEN. that any and all persons.
be hea.rd thereon; and
having any 6bjections to the granting of.-;said' franchise may appear
before said Council at the City Ha.ll 'of said City at the hour of
8 o'clock' P. M.,. on TueSdays-the 17th day.of November~ 1964, and
NOTICE IS HEREBY FD~RTHER GIVEN tha't 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"~He protestant and delivered
to the City Clerk of said City~ and' the Council shall at the time set
for hearing said objections proceedtohea~ 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 enactment of the ordinance~
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 least two
good and sufficient sureties .thereto to be approved by said Council
ConditiOned that such grantee shall well and truly 0bserve~ fulfill
and perform each and every term and Condition'of said.franchise
and that in case of any breach o~ condition of 'said bond occurring
the whole amount df the penal sum theTrein. named shall be taken'and
deemed to.be liquidated damages.and shall be' recOverable from'the
principal and sureties upon said bond,
For'~urther particulars. reference'is hereby made tO said
appliCatiOn filed as aforesaid in the office of said Council'and
also the-resolution adopted on the ~'6th day of 'Octchefs. 1964r
declaring its intention'to grant said franchise,'
Dated: October 27~ 1964,
· . MARIAN S', .IRVIN
CITY CLERK and Ex'-Ofiicio'Cl'erk'of the
Council of the City of Bakersfield.
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 26th
:
lng vote:
day of October~ 1964by the follow-
AYL~S: COUNCiLM~N: BALF NZ, DOOLtN, MARCHBANKS, MOSSMAN, ~RUCKER, $TIERN, WHITIEMORfi
Council of the City of Bakers field,
APPROVED: ·