HomeMy WebLinkAboutResolutions - No. 1010RESOLUTION 1a. 1010
RFSOT,TFPTON Or INTENTION TC) GRANT GAS FRANCHISE
wgEREAs Pacific Gas and Electric Company,
a California utility corporation, has filed with the Council
of the City of Lodi 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
WHEREAS in the opinion of said Council the public
good requires that said franchise be granted;
NOW, THEREFORE, BE I T RESOLVED that said Council
intends to grant said franchise, that hearing of objections
to the granting thereof will be held at the time std 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 LODI TIM
, 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 as
and Electric Company, a California utility cor-
poration, has filed its application with the Council
of the City of Lodi 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 gas
within said City for any and all purposes other than
those authorized under Section 19 of Artiole
of the Constitution of the State of California,
1:
as said section existed prior to its amendment on October
10 1911, all gas pipes and appurtenances which now are or
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 shsll 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 receipt:
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 the
franchise to be granted and the franchise now owned by said
grantee by virtue of Section 19 of Article XI of the Constitu-
tion 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 made
said franchise shall be forfeited. Said City Council proposes
to grant said franchise for an indeterminate period.
NOTICE IS HERESY rururlw:K 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 WEDNESDAY the 6th day of
DECEMBER 1939 , and be heard thereon; and
2:
NOTICE IS HEREBY r uniA4A GIVBfi that at any
time not later than the hour ao 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
maid City, and the Council shall at the time set
for hearing said 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
Counoil of said City a bond in the penal sum of
one thousand dollars ($1000.00) running tc said
City with at least two good and suffioient sureties
thereto to be approved by said Council conditioned
that such grantee shall .v®11 and truly observe,
fulfill and perform each and every term and condi—
tion of said franchise and that in case of any
breaoh of aondition of said bond occurring the
whole amount of the penal sun therein named shall
be taken and deemed to be liquidated damages and
shall be recoverable from the principal and sure-
ties 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
5.
adopted on the 15th dap of N0Vn aER
1939 declaring its intention to grant said
Xranchisstnumbered Resolution 1010.
Dai;d: NOVEMER 15 193 9 ■
By order of the Council of toe
City Of Ladi.
T. F. BLAKELY
City c.srt of
the City Of Lodi,
The foregoing resolution was duly passed and
adopted by the Council of the City of Lodi at a
regular meeting of the said Council held on the 15th Bay
of November 19 39 by the following Tote:
ATLAS?:
AYES: Councilmen GRAFFIGNAA WEIBE. CLARK & $rJSI LE (Mayor)
NOBS: Councilrun N( E.
*BSBNT: Councilmen SPOONER.
G. M. STEELE
mayor or eras
City of Lodi,