HomeMy WebLinkAboutCity Council - 1095 •
RESOLUTION NO . 1095
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, DECLARING ITS INTEN-
TION TO GRANT ELECTRIC FRANCHISE
The City Council of the City of Huntington Beach,
California, do resolve as follows:
WHEREASI SOUTHERN CALIFORNIA EDISON COMPANY, a
California utility corporation, has filed with the Council
of the City of Huntington Beach an application requesting
that a franchise be granted to it of the chgracter 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 IT RESOLVED that said City Council
• intends to grant said franchise, that hearing of objections
to the granting thereof will be held at 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 Huntington Beach News, a newspaper of
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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 Southern California
Edison Company, a California utility corporation, has
• filed its application with the Council of the City of
Huntington Beach requesting said Council to grant it
a franchise for an indeterminate period, as provided
in the Franchise Act of 1937, (1) to use, for trans-
mitting and distributing electricity 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, 1911, all pples, wires,
conduits and appurtenances which now are or may here-
after be lawfully placed in the public streets, alleys,
ways and places within said City, and (2) to construct
• and use in said public streets, alleys, ways and places
all poles, wires, conduits and appurtenances, including
communication circuits, necessary or proper for said
purposes.
If said franchise shall be granted to it, said
Southern California Edison Company, its successors
and assigns, hereinafter designated grantee, shall
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Reso. 1095
during the life of said franchise pay to said City
two percent (2%) of the gross annual receipts 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-half percent
(1/2%) of the gross annual receipts derived by
grantee from the sale of electricity 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 Constitution of the State of California as
said section existed prior to its amendment on
October 10, 1911. Such percentage shall be paid
annually from the date of the granting of the fran-
chise 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 HEREBY FURTHER 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 8:00 o'clock p.m.
on Monday the Mt day of November, 1949, and be heard
thereon; and
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NOTICE IS HEREBY FURTHER GIVEN that at any
time not later than the hour set for hearing
such 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 be delivered to
the City Clerk of said City, and the Council
shall at the time set for hearing said objections
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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 Council of said
City a bond in 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 City Council conditioned that such grantee
shall well and truly 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
herein 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 aforesaid- in the office
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of said Council, and also to the resolution adopted
by said City Council on the �h day of October, 1949,
declaring its intention to grant said franchise.
Dated this 2:7tjj day of October, 1949.
By order of the City Council of the City of
Huntington Beach, California.
JOHN L. HENRICKSEN
City Clerk of the
City of Huntington Beach."
PASSED AND ADOPTED by the City Council of the City
of Huntington Beach, California, at a regular meeting
thereof held on the T-M. day of October, 1949.
MAYOR
l
AT T EST:
City Clerk
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Res o 1095
* STATE OF CALIFORNIA )
County of Orange ) ss
City of Huntington Beach )
I, JOHN L. HENRICKSEN, the duly elected, qualified
and acting City Clerk of the City of Huntington Beach,
and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of
the City Council of the City of Huntington Beach is five,
• that the foregoing Resolution was passed and adopted by
the affirmative vote of more than a majority of all the
members of said City Council at a regular meeting thereof
held on the 17th day of October, 1949, by the following
vote:
AYES: Councilmen:
LeBaxd} Woodg Langenbecki Greer,
NOES: Councilmen:
None.
ABSENT: Councilmen:
• Seabrhdgee
Citt"Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California.
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