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HomeMy WebLinkAboutResolution No. 1594RESOLUTION NO. 1594 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION TO GRANT THE GAS FRANCHISE APPLIED FOR BY THE SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, UNDER THE FRANCHISE ACT OF 1937. 0 09 0 00 (To be used where Gas Company has a Constitutional Franchise) RESOLUTION BY (Name of Legislative Body) OFTHE ................... Ci.ty..nf...AZUSA............................................................................................................................ (Name of Municipality) DECLARING ITS INTENTION TO GRANT THE GAS FRANCHISE APPLIED FOR BY -------------------...............------------------------............................. (Name of Applicant) UNDER THE FRANCHISE ACT OF 1937. WHEREAS, this ................ g1ty..S!Q. cil---------------------...............--------------------------....................------------. (Name of Legislative Body) has received from ......;.Quther &Aunties....QAB_ ................................................. (Name of Applicant) a corporation organized and existing under and by virtue of the lakes of the State of California, and engaged as a public utility corporation in transmitting and distributing gas for all purposes to con- sumers in various municipalities and communities in the State of California, including the ........................ ------------------------- ----------------------------------g izSr of- -La4m --------------------------------------------------------------------------------------------------- (Name of Municipality) an application, under and pursuant to the provisions of the Franchise Act of 1937, for a franchise, which said application states, in compliance with the provisions of Section 2 of said Act, that the pur- pose for which the franchise therein applied for is desired is to lay and use pipes, and appurtenances for transmitting 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 ._---------------------------------------........-----------Q-ity..0-f--n2asa.-----........------------------------................................................. ; (Name of Municipality) and that the term for which the franchise therein applied for is indeterminate, as defined in Section 5 of the Franchise Act of 1937; and WHEREAS, said application further states that it is for a franchise complementary to a franchise owned by applicant and derived under Section 19 of Article XI of the Constitution of California (as said section existed prior to its amendment on October 10, 1911), and that the applicant, if granted the franchise therein applied for, will pay to the....................Qity..ot.,i,2usa.................................................. , (Name of Municipality) during the life of such franchise, a sum annually which shall be equivalent to two per cent (27/0) of the gross annual receipts of applicant 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 (170) of the gross annual receipts derived by applicant from the sale of gas within the limits of (Name of Municipality) under both said gas franchises. NOW, THEREFORE, BE IT RESOLVED that (Name of Legislative Body) under and pursuant to the provisions of the Franchise Act of 1937, does hereby declare its intention to grant to-- iolthsra..C3unLlos--fv&-Cotr2T -P%^nl-lSeTnSM...............................-------......-------------........ (Name of Applicant) the franchise so applied for; and ----.------_----------M9T1d&1........................................ the .......... 19111 --------day of Vl 0 • 0 • 0 • ................... December...................... 19_38,_ at.........:. a ............. O'clock, ....._P�.. M., at the place where this ................................................... ;ri.tg..Co:uitil....... .............................................................. usually meets, to wit: (Name of Legislative Body) .RUARil_...0&.-fulfia......................................... 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 ..............._.......................Qitu..Council....................----................................... (Name of Legislative Body) and be heard thereon, (the time so fixed for such hearing 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 RESOLVED that the Clerk of this................................................................................ (Name of Legislative Body) is hereby directed to publish a notice at least once within fifteen (15) days after the passage of this resolution, in a newspaper of general circulation within this.......... v.iS.y...nP..iazas3...................................... (Name of Municipality) to wit, in the ......... zusa, fiat e1d .ani. D nsctkragi c..._.......----•................................------....................................., (Name of Newspaper) in t e words and figures as follows, to wit: "NOTICE OF INTENTION TO GRANT GAS FRANCHISE TO WHOM IT MAY CONCERN: Notice is hereby given by the... ............ of Legislative Body) ofthe --------.._.....--------.._------------------r'.1.ty..a4..tlzuse...................................... .................... ....................................... (Name of Municipality) that it intends to grant, under and pursuant to the Franchise Act of 1937, to ................ ;�4;,11ih@3'ri._QA17D.ki@.S..Gas._.OZ9gaPy...4%._Cai.ifnrnia----------•---------------....--------•--- a corporation, (Name of Applicant) a franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys or places, as the same now or may hereafter exist within the ........ ............................... .gitY•--of Azusa ..,.,. (Name of Municipality) and that .......... XQ.ikaa$.............---, the. ........ lath ...... day of ... ......... I.. --December 19....'3.$., at. ...... 8 ...... o'clock, ..P.. M., at the place where this .......................... pity--C_gunoil........................................... (Name of Legislative Body) usually meets, to wit -------- 1,-_Ql.ty..nf.A W.a.................... ....................... I is hereby 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 ....................... �1.LY._�AUTi0.31................. (Name of Legislative Body) 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 ........................ Qi.tx..QAunail...... --......... ........ .......................... (Name of Legislative Body) The term for which said franchise is proposed to be granted is indeterminate, .as defined in Section 5 of the Franchise Act of 1937. • • * • • • r�.• Said franchise will be complementary to a franchise owned by applicant and derived under Section 19 of Article XI of the Constitution of California (as said section existed prior to its amendment on October 10, 1911). The grantee of said franchise, and its successors and assigns, will, during the life of said franchise, payto the ............................................... giLy..01.e.01.4a=.a ............................................................................................. (Name of Municipality) two per cent (2170) 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 a sum which shall be equivalent to one per cent (1176) of the gross annual receipts derived by the grantee, its successors and assigns, from the sale of gas within the limits of the ------------------------------------------------..........-------------0-itu..0X_' az;18 �--...................................--------------................................. (Name of Municipality) under both said gas franchises. 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 ............. RQV9x0.1tnr...... `2..1........... 19. 8.... .......................I'1C Clerk of .................. CiL!t...QDur•cil................................. (Name of Legislative Body) ofthe ................... gitx... Q:..i.g.US&.................................. \,. and (Name of Municipality) " BE IT FURTHER RESOLVED that the grantee of said franchise shall be required to file ab" and running to the_ .................................. guy ... at.h.Zas.a.......... -....................................................... with at least two (Name of Municipality) good and sufficient sureties to be approved by this ................ ......................................................, (Name of Legislative Body) in the penal sum hereby prescribed to be ...... taz ... Thottsa-rd-------------------------------------------------------------------- Dollars ($... lA0II.a0..............), conditioned that such grantee shall well and truly observe, fulfill and perform each and 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 liqui- dated damages and shall be recoverable from the principal and sureties upon said bond.