HomeMy WebLinkAboutReso 666-1938172
RESOLUTION OF INTENTION TO GRANT GAS FRANCHISE
I[~w._KEAS Pacific G~s and Electric Company~ a California utility cox-pot-
ation, has filed with the Council of the City of South San F~ancisco an
application requesting that a franchise be granted to it of the character and for
the pux-poses mentioned in the form of notice hereinafter set forth; and
WHERE~ in the opinion of said Council the public good requires that
franchise be granted;
NO~, THEREFORE, BE IT RESOLVED that said Council intends to grant said
franchise, that hearing of objections to the granting th®roof will be held at the
time and plaoe specified in the notice hereinafter set forth which the Clerk of said
City is hereby directed to publish at least once within fifteen days after the pass-
age of this resolution in a newspaper of general circulation within said city.
Said notice is in the following words and figures:
#NOTICE OF INTENTION 20 GRANT FRANCHISE.
NOTICE IS HEREBY GIVEN that Pacific Oas and Electric Company, a California
utility corporation, has filed its application with the Council of t~e City of South
San I~ancisco requesting said Council to grant it a franchise for an indeterminate
period, as provided in the Franchise Act of 1937, (~) to use, for transmitting and
diatributin~ gas within said city for any and all purposes other than those author-
ized under Section .19 of A~ticle XI of the Constitution of the State of CalifornLa,
as said section existed prior to its amendment on October 10 1911, all gas pipes and
appurtenances which now are pr may D~reafter be lawfully placed in the public streets,
ways and places within said city, and (b) 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 Com-
pany, its sucmessors and assigns, hereinafter designated grantee, shall du~Ing 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 per
cent of the gross annual receipts derived by grantee from the sale of gas within the
limits of said city under both th~ franchise to be granted an~ 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 amendment on October 10 1911. 8aid
percentage will be paid annually from the date of the granting of the franchise applied
for and in the pvent such payment shall not be made said franchise shall be forfeited,
Said City Council proposes to grant said franchise for an indeterminate period,
NOTIOE IS ~RY 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 Monday the 22nd day of August, 1935, and be heard
thereon; and
NOTICE IS HEREBY FURTHER G~EN that any any time not later than the hour so set
for hearing objections any person interested may make written protest stating objections
ag$inst the granting of sa~d ~anchlse which protest must be signed by the protestant and
delivered to the city clerk of said city, and the council shall at the time set for hear
ing said obJect$ons proceed to hear and pass upon all protests so mede; and
NOTICE $S HEREBY FURTHER GIVEN that the grantee of said f~anchisemust within five
days after the date of granti~.ng same file with the Council of saidCity 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 observe, fulfill and perform each and every term and condition of said fran-
chise and that in case of any breach of condition of said bond occurtng 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 ~fo~e-
said in the office of said council~ and also to the resolution adopted on the 1st day of
A~st, 1938 declaring i~s intention to ~rant said
franchise, that hearing of objections to the granting thereof will be held at the
time and place specified in the notice hereinafter set forth which the Clerk of said
City is hereby directed to publish at least once within fifteen days after the pass-
age of this resolution in a newspaper of general circulation within said city.
Said notice is in the following words and figures:
"NOTICE OF INTENTION TO GRANT FRANCHISE.
NOTICE IS HEREBY GIVEN that Pacific Gas and Electric Compan a California
utility corporation, has filed its application with the Council ~s of South
of
City
Sam ~aucisco requesting said Council to grant it a franchise for an indeterminate
period, as provided in the Franchise Act of 1937, (~) to use. for transmitting and
distributin~ gas within said city for any and all purposes oth~ than those authox~-
izod under Section .19 of Articla XI of the Constitution of the State of Californi~,
as said section existed prior to its amendment on October 10 1911, all gas pipes and.
appurtenances which now a~e pr may hereafter be lawfully placed.in the public streets,
ways and places within said city, and (b) 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 Mud Electric Com-
pany, its sucaessors 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 per
cent of the gross annual receipts derived by grantee from the sale of gas within the
ll~Its of said city under both the franchise to be granted and the franchise now owned
by ~aid g~antee by virtue of Section 19 of Article XI of the Constitution of the State
of Ualifornia as said section existed prior to its amendmenton October 10 1911. 'Said
percentage will be paid annually from the date of the g~anting of the franchise applied
for and in the pvent such payment shall not be made said franchise shall be forfeited.
Said City Council proposes to grant said franchise for an indeterminate period.
NOTICE IS ~BERY 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 Monday the 22nd day of August, 1938, and be heard
thereon; and
NOTICE IS B~EBY FURTBER G~VEN that any any time not later than the hour so set
for hearing objections any person interested ~ymake written protest stating objections
ag$inst the granting of sa~d ~anchise 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 hea~
ing said obJect$ons proceed to hear and pass upon all protests so ~de; and
NOTICE IS HEREBY FURTHER GIVEN that the grantee of said franchise must within five
days after the ~ate 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 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 condition of said fran-
chise and that in case of any breach of condition of said bond occuring 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 Peference is hereby made to said application filed as
said in the office of said council, and also to the resolution adopted on the 1st day of
A~st, 1938 declaring i~s intention to grant said franchise.
Dated: August 1, 1938.
By order of the Council of ~he CiSy of South San Francisco.
Daniel McSweeney
Clerk of
the City of South San Francisco."
The foregoing resolution was duly passed and adopted by the Council of the City
of South San Francisco at a regular meeting of the said council held on the 1st day of
August, 1938, by the following vote:
Ayes, Councilmen
V. Boido~ D. W. Ratto, Rod Tibbetts, M. Minucciani, A. J. Eschelbach
Noes, Councilmen
N one
Absent, Councilment None
(Seal)
Attest:
A. J. Eschelbach
Daniel McSweeney Mayor of the City of
City Clerk South San Francisco
City of ~outh San Francisco