HomeMy WebLinkAbout1956 030 CC RESO1956 030 CC RESO ZX
Z P I ò8RESOLUTION NO. J\^Q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK DECLARING ITS I TENTION TO GRANT
THE GAS FRANCHISE APPLIED FOR BY THE SOUTHERN
COUNTIES GAS COMPANY OF CALIFORNIA UNDER THE
FEANCrIISE ACT OF 1937.
WHEREAS, this City Council has rec ived from Southern Counties Gas
Company of California, a corporation organized and existing under and
by virtue of the laws of tne State of California, and engaged as a public
utility corporation in transmitting and distributing gas for all purposes
to consumers in various municipalities and communities in the State of
California, including the City of Baldwin P^rk, an application, under
and pursuant to che provisions of x/ne Franchise Act of 1937, for a fran-
chise^ which said application states, in compliance with the provisions
of Section 2 of said Act, that the purpose for which the franchise therein
applied for is desired is to lay and use pipes and appurtenances for trans-
mitting and distributing gas for any and all purposes under, along, across,
or upon the public streets, ways, alleys and places, as the same now or
may hereafter exist within the City of Baldwin Park; and that the term for
which the franchise therein applied for is indeterminate, as defined in
Section $ of the Franchise Act of 1937; and
WHEREAS, said application lurther states chat the applicant, if granted
the franchise therein applied for, will pay to the City of Baldwin Park,
during the life of such francnise, two per cent 2^) of the gross annual
receipts of applicant arising x'rnm the use, operation or possession of said
franchise; provided, however, that such payment shall in no event be less
than one per cent 1°^) of the gross annual receipts of applicant derived
from the sale of gas within the limi'os of the City of Baldwin Park under
said gas franchise,
NOW, THEREFORE, BE IT RbSOlA^D that this City Council, under and
pursuant to the provisions of the Franchise Act of 1937^ does hereby de-
clare its intention to grant to Southern Counties Gas Company of California
the franchise so applied for; and Monday, the Uth day of June, 19^6, at
8:00 o'clock, P.M., at the place where this City Council usually meets,
to wit Jones Scnool Cafetorium, ll^O East Merced Avenue, Baldwin Park, is
hereby fixed as the day, hour and place when and where any and all persons
having any objection to the granting of such franchise may appear before
this City Council, and oe heard thereon, the time so fixed for such hear-
ing being not less than twenty 20) nor more than sixty 60) days after the
date of the passage of this resolution); and
BE IT FURTHER RESOL'TED that the Clerk of this City Council is hereby
directed to publish a notice at least once within fifteen I?) days after
the passage of this resolution. In a newspaper of general circulation
within this City of Baldwin Park, to wit, in the Baldwin Park Bulletin,
in the words and figures as follows, to wit:
NO i ICE OF KTiITTIOH TO GRAirr GAS FRANCHISE
TO WHOM IT nAY CONCERN:
Notice is hereby given by Lhe City Council of the City of Baldwin Park
that it intends to grant, under and pursuant to the Franchise Act of 1937>
to the Southern Counties Gas Company of California, a corporation, a fran-
chise to lay and use pipes and appurtenances for transmitting and distribut-
ing gas for any and all purposes under, alon^, across or upon the public
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1956 030 CC RESO ZX
Z P I ò8RESOLUTION NO. 3 f
Page 2
streets, ways, alleys or places, as the same now or may hereafter exist with-
tn the City of Baldwin Park; and that Monday, the Uth day of June, 19$6, at
8:00 o'clock, P.M., at the place where this City Council usually meets, to
wit, Jones School Cafetorium, 1^250 East Nerced Avenue, Baldwin Park, is here-
by fixed as the day, hour and place when and where any and all persons having
any objection to the granting of said franchise may appear before this City
Council and be heard thereon. At any time not later than the hour so set for
the hearing of objections, any person interested may make written protest,
stating objections against the granting of such franchise. Such protest must
be signed by the protestant and be delivered to the clerk of this City Council,
The term for which said franchise is proposed to be granted is indeter-
minate, as defined in Section of the Franchise Act of 1937•
The grantee of said franchise, and its successors and assigns, will,
during the life of said franchise, p?y to the City of Baldwin Park two per
cent 2%) of the gross annual receipts of the grantee and its successors and
assigns arising from the use, operation or possession of said franchise;
provided, however, that such payment shall in no event be less than one per
cent 1%) of the gross annual receipts of the grantee, its successors and
assigns, derived from the sale of gas within the limits of the City of Baldwin
Park under said gas franchise. Said percentage will be paid annually from
the date of the granting of said franchise, and in the event such payment
shall not be made said franchise will be forfeited.
Dated______May 7 9 1956.
Elmer Cook
Clerk of City Council
and of the City of Baldwin Park
ii.
9
BE IT FURTHER RESOLVED that the grantee of said franchise shall be
required to file a bond running to the City of Baldwin Park, with at least
two good and sufficient sureties to be approved by this City Council, in the
penal sum hereby prescribed to be /r///^^ C'CLC^JL^^ o^________Dollars
$^Tg?g g *^___), conditioned that such grantee shall well and truly observe,
fulfill and perform each ano every term and condition of such franchise, and
that in case of any breach of condition of such bond, 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,
ADOPTED, SIGrNED AND APPROVED THIS 7th day of May, 19 6.
Mayor/ CUiy'%^^lawIh Park
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGLES ss
CITY OF BALDWN PARK
I, Eljner Cook, City Clerk of the City of Baldwin Park, California, DO
HEREBY CERTIFY that the foregoing resolution was duly adopted by the City
Council of said City and was approved oy the Mayor of said city at a regular
meeting of said City Council held on the 7th day of M%r, 195>6, and that it
was adopted by the following vote:
AYES: CounciUnen 4 / S^^^;^J &/^^^
NOES: Councilxnen 7^^" /-7
ABSENT: Councilmen A/'A^.^
City Clerk
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38238-U01
1956-U02
030-U02
CC-U02
RESO-U02
LI3-U03
FO52524-U03
FO52657-U03
DO52690-U03
C6-U03
RESO-U03
9/7/2004-U04
ROBIN-U04