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HomeMy WebLinkAboutRES NO 60-66 RESOLUTION NO. 60-66 RESOLUTION OF INTENTION TO GRANT GAS FRANCHISE WHEREAS 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 noticehereinafter set forth; and WHEREAS 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 City Clerk of said City is hereby directed to publish at least once within fifteen (15} days after the passage of this resolution in 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 the Franchise Act of 1937 (a)~ to use, for transmitting and distributing gas within said City for any and all purposes other than those authorized under Section 19 of 1 Article XI of the Constitution of the State of California, as said section read prior to its amendment on October 10, 1911, all pipes and appurtenances which now are or may hereafter be lawfully placed in the public streets, ways and places within said. City, and ~).-to lay and use in said public streets, ways and places all pipes and appurtenances necessary or proper for said purposes. 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 (2%)_ 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 per cent (1%~ of the gross annual receipts derived by grantee from the sale of gas 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 read prior to its amendment on October 10, 1911. Said percentage will be paid annually from the date of the granting of the franchise applied for and in the event such payment shall not be made said franchise shall be forfeited. Said City Council propose~ to grant said franchise for an indeterminate period. NOTICE IS HEREBY FURTHER GIVEN that any and all persons having any interest in or objection to the granting of said franchise may appear before said Council at the City Hall of said City at the hour of 8:00 p.m. on Monday , the 10~h day of Octobe~ , 1966, and be heard thereof; 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 hearing said objections proceed to hear and pass upon all protests so made. 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 12th day of September , 1966, declaring said Council's intention to grant said franchise. Dated: September 12 1966 By order of the Council of the City of Bakersfield. City Clerk an -Officio Clerk of the Council of the City of Bakers field." 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 12th day of September , 1966, by the following vote: AYES: NOES: ABSENT: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote None None City ~ ~r~~ and Ex'~O of 1 iciO Cl~r[') the Council of the City of Bakersfield. MAYOR -o E~,~a~ C ity,~fdf Baker s f i e 1 d ~--$eDtember · 1966. APPROVED: City Attorney 4