HomeMy WebLinkAboutResolutions - No. 959In the City Council
City of Lodi
Lodi, California
RESOLUTION NO. 959
RESOLUTION CF INTENTION TO GRANT GAS FRANCHISE
VVIEREAS Pacific Gas and Electric Company, a California
utility corporation, has filed with the Council of the City of
Loch 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 franehis e be granted;
NOW THEREFORE, BE IT FISIOLVED that said Council intends
to grant said franchise, that hearing of objections to the granting
thereof w i 1 1 be held a t the time and 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 TI1MIES, a newspaper of
general circulation within said City, and that said notice shall
be in the following words and figures:
"NOTICE OF I-FTENTION TO GRANT FRANCHISE.
I, ICE IS HEREBY GIVEN that Pacific Gas and Electric
Company, a California utility corporation, has filed its application
with the Council of the City of Lodi requesting said Council to
brant 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 Article XI of the
Constitution of the State of California' as said section existed
prior to its amendment on October 10, 111, a 1 1 gas pipes and
appurtenances which now are or mag hereafter be lawfully placed
in the public streets, wags 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 company, its suebessors 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 pa ment 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 as within the
limits of said city under both the franchise o 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 percentagge will be paid annually from the date of
the granting of the franchise applied for and in the event
suchayment shall not be made said franchise shall be forfeited.
Said 'City Council proposes to grant said franchise for an
indeterminate period.
Resolution No. 959 -2-
NOTICE IS HEREBY FURTHER GIVEN that any and allersons
having any objections to the granting of said franchise may
ap?.;ear before said Council at the City ball of said city at the
hour of 8 p.m. on Monday the 1.6th day of 1Ftay, 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 francise which protest must be signed by the
protestant and delivered to the City Clerk of said City, and
the Courcil 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 f i 1 e with the Council of said City a bond i n 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 trulq
observe, fulfill. and perform each and every term and condition
of said franchise and that in case of any breach of condition
of said bond occurring 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 aioresaid in the office of said
Council, and also to the resolution adopted on the 18th day of
April, 1938 declaring its intention to giant said franchise.
Numbered Resolution Ma 59.
Dated: April. 18, 1938.
By order of the Council of the Gity of Lodi
City Clerk of the City of Lodi
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Certified to be a full, true and correct COPY
of Resolution No. 959 of the City Council o
the City of Lodi as passed and adopted in a
regular meotin-. of said Council held on
Monday, April T8, 1938 by the following vote:
AYES: Councilmen, Graffi„na, "'eihe, Clark, Spooner
and Steele
11TI0E, S: Councilmen, None
ABSF'ITT: Cour.cilmen, None
City Clerk
DATED: April 3.8, 1938