HomeMy WebLinkAboutResolutions - No. 1015Ri0LUTiON ND. 1015.
RESOLUTION ACCEPTING SUM TENDERED BY PACIFIC
GAS AND ELECTRIC COMPANY I N PAYMVfNW FOR GAS
FRANCHISE APPLIED FOR BY IT.
WHEREAS pacific Gas and Electric Company, a
California utility corporatio filed in the office of this
Council on the 6th day of, Novembor. , 109, ;its
application for the franchise (a) to use for transmitting
and distributing gas.• 1 _ ty;r.of:; Lodi for. any,.,.and
all purposes other t those authorzed'under •Section -1:9
of rticle XI of the Const ion of the.State of Califor-
nia as said section existed prio
October 0 1911, all gas pipes and appurtenances which now
are.or ay hereafter be lawfully placed in the public
street: 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;
and
WHEREAS this Council on the 15th day of November,
1939, adopted a resolution declaring its intention of grant-
ing.said franchise upon the terms and conditions in said
resolution set forth, and fixing the date for hearing
objections to the granting thereof; and
WHEREAS due notice of said intention and date for
hearing objections has been published in the manner and for
the time prescribed by law and by the aforesaid resolution;
and
WHEREAS this Council, at the time specified in said
resolution and in said notice, viz: at the hour of 8:00 p.m,
on Wednesday the 6th day of December, 1939, met in open ses-
sion for the purpose of hearing protests or objections to the
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granting of said franchise; and no protests or objections
to the granting of said franchise were made or filed, and
the proposed ordinance granting said franchise thereupon
received its first reading; and
WHEREAS this Council again met at a regular meeting
on the 20th day of December, 1939, at which time this
Council received a written tender from Pacific Gas and
Electric Company to pay for said franchise the sm of Two
thousand dollars ($2,000.00) in lawful money of the United
States of America, and said tender was accompanied by the
check of said Pacific Gas and Electric Company, payable to
the Treasurer of the City of Lodi for said amount; and
WHEREAS this Council deems said sum constitutes a
reasonable payment for said franchise and the acceptance of
said franchise constitutes a fair consideration for a dis-
charge of said company from any and all obligations to the
City of Lodi for past use of its streets for the purposes for
which said franchise;; is to be granted;
Tanw mv uel5v +nn c+
the City of Lodi that it does hereby accept said am of
$2,000.00 in-law u1 money of the United States of America, in
„ae,. .4- ,.a = aid, conditional, however, upon the under-
standing that if the ordinance granting said franchise shall
not become effective said sum shall be refunded to Pacific
Gas and Electric Company; and
BE IT FURTHER RESOLVED that in consideration of
the acceptance by Pacific Gas and Electric Company of said
franchise and its operation thereunder the City of Lodi
does hereby declare discharged all obligations of said
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company for past use of the streets of the city of Lodi
for the purposes set forth in the form of franchise
applied for.
ADOPTED by the Council of the City of Lodi
on the 20th day of December, 1939, by the following vote:
AYES: Councilmen
a .j_t ,, Ls ,4 _e ,
t;IAYOP. ,RELY
NOES: councilmen NONE
ANENT: Councilmen NONE
-moi
Mayor of the(;City of Loaf
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