Loading...
HomeMy WebLinkAboutReso 667-1938RESOLUTION OF INTENTION TO GRANT ELECTRIC FRANCHISE WHEREAS Pacific Gas and Electric Company, a Califox~ia utility corporation, has filed the Council of the City of South Sm~ Francisco, an application requesting that a franchise be granted to it of the character and for the purposes mentioned in the form of notice her tnafter set forth; and WHEREAS in the opinion of said council the public good requires that said franchise b® 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 spe$ified in the notice hereinafter set forth which the clerk of said city is hereby directed 'to publish at least once within fifteen days ~fter the passage 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. NOITCE IS HEREBY GIVEN that Pacific Gas and Electric Company, a California utility corporation, has filed its application with the council of the city of So~th San Francisco requesting said council to grant it a franchise for an indeterminate period, 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 t~han those authorized under Section 19 of Article XI of the Constitution of the State of Oalifornia, as said section existed prior to its amendment on October l0 1911, all poles, wires, conduits and appurtenances which now are or may ~hereafter'be lawfully placed in the public strees, way~ and places within said city, and (b) to construct and use in said public streets, ways an. places all poles, wires, conduits and appurtenances, including communication circuits, ne ary or proper for said purposes. If said franchise shall be granted to it, said Pacific Gas~ and Electric Company, i~s successor 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 u operation or possession of said franchise; provided, however, that such payment shall in event be less than a sum which shall be equivalent to one-half per cent of the gross annu receipts derived by grantee from the sale of electricity within the limits of said city u 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 amendment on October 10 1911. Said percentage will be paid annuall~ 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 proposes to grant said franchise for an indeterminate period. NOTICE IS HEREBy FURTHER GIVEN that any and all persons having any objections to the granting of~ said franchise may appear before said c.ouncil at the city hall of said city the hour of 8 p. m. on Monday the 22n day of August, 1938, and be heard thereon; and NOTICE IS HEREBY FUHTHER 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 an~ delivered to the city clerk of said city, and the council shall at the time set for hear~ said objections proceed to hear and pass upon all protests so made; and NOT~CE IS HEREBY FURTHER GIVEN that the grantee of said franchise must within five dal after the date of grar~ting same file ~tth the council of s~aid city a bond in the penal ~ of one thousand dollars ($1000.00) running to said city with at least two good and sufft. sureties thereto to be approved by said council conditioned that such grantee shall well truly observe, fulfill and perform each and every term and condition of said franchise m that in case of any breach of condition of said bond occurtng the whole amount of the pe~ sum therein named shall be taken and deemed to be liquidated damages and shall be re- coverable from the principal and sureties upon said bond. For further particulars reference is hereby made to said application filed as aforesa in the office of said council, and also to the resolulon adopted on the~ 1st day of Augus 1~38, declaring its intention to grant said franchise. Dated: August 1, 1938. By order of the council of the City of South San Francisco. i the n rice hereinafter set forth which the clerk of said city is hereby directed'to publish at least once within fifteen days ~fter the passage of this resolution in a newspaper of general circulation within said city. Said notice is in the following words and figures: NOTICE OF INTENTION TO GRANT FRANCHISE. NOITCE IS HEREBY GIVEN that Pacific Gas and Electric Company, a California utility corporation, has filed its application with the council of the city of So~th San Francisco reques$ing said council to grant it a franchise for an indeterminate period, as provided in the Franchise Act of 1937, (a) to use, for transmitting and distri~uting 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 od October l0 1911, all poles, wires, conduits and appurtenances which Dow are or may ~ereafter~be lawfully placed in the public strees, way and places within said city, and (b) to construct and use in said public streets, ways an places all poles, wires, conduits and appurtenances, including communication circuits, ne ary or proper for said purposes. If said franchise shall be granted to it, said Pacific Gas.and Electric Company, i~s successor 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 u operation or possession of said franchise; provided, however, that such payment shall in~ event be less than a sum which shall be equivalent to one-half per cent of the gross annu receipts derived by grantee from the sale of electricity within the limits of said city u both the f~anchise 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 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 ~ade said franchise shall be forfeited. Said~ City Council proposes to grant said franchise for an indeterminate period. NOTICE IS BI~RE~y FURTHER GIVEN that any and all persons having any objections to the granting or. said franchise may appear before said cpuncil at the city hall of said city a' the ho,~ of S p. m. on Monday the 22n day of August, 1938, 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 hearil said objections proceed to hear and pass upon all protests so made; and NOTICE IS HEREBY FURTHER GIVEN that the grantee of said l~anchise must within five day after the date of gra~ting same file ~ith the council of s~id city a bond in the penal s~ of one thousand dollars ($1000.00) r~uning to said city with at least two good and suffic sureties thereto to be approved by said council conditioned that such grantee shall well truly observe, fulfill and perform each and every term and condition of said franchise ant that in case of any breach of condition of said bond occuring the whole amount of the pen~ sum therein named shall be taken and deemed to be liquidated damages and shall be re- coverable from the principal and sureties upon said bond. For further particulars reference is hereby made to said application filed as aforesai( in the office of said council, and also to the resolulon adopted on the 1st day of August~ 1~, declaring its intention to grant said franchise. Dated: August 1, 1938. By order of the council of the City of South San Francisco. Daniel Mc ~weeney Clerk of the City of South San Francisco." The foregoing resolution was duly passed and adopted by the ~ouncil of the City of South San Franctsco at a regular meeting of the said council held on the 1st day o~.~ August, 1938, by the following vote: Ayes, Councilmen V. Boido, A. J. Eschelbach, M. Minucciani, D. W. Ratto, Hod Tibbetts Noes, Councilmen None Absent, Oouncilmen None AttestA (Seal) Daniel McS~eeney Clerk of the City of South San Francisco A. J. ~schelbach Mayor of City of South San F~ancisco