HomeMy WebLinkAboutCity Council - 2517 RESOLUTION NO. 2517
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH DECLARING ITS INTENTION
TO GRANT THE GAS FRAII-CHISE APPLIED FOR BY
SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA
UNDER THE PROVISIONS OF ARTICLE XIV OF THE
CHAMER OF THE CITY OF HUNTINGTON BEACH.
WHEREAS, the City Council of the City of Huntington
Beach has received from Southern Counties Gas Company of
California, a corporation organized and existing under and
by virtue of the laws' of the State of California, and en-
gaged as a public utility corporation in transmitting gas
for all purposes to consumers in various municipalities and
communities in the State of California, including the
City of Huntington Beach, an application, under and pursuant
to the provisions of Article XIV of said Charter, for a
franchise,, which said application states, in compliance with
the provisions of said Charter, that the purpose 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 the City of Huntington Beach,
and that the term for which the franchise therein applied
for is forty (4o) years as defined in Section 14o2 of said
Charter; and
WHEREAS, said application further states that the ap-
plicant )lf-granted the franchise therein applied for, will
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Fees. No. 2517
pay to the CITY OF HUNTTINGTON BEACH during the life of such
franchise, two per cent (2 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 one per cent (1%) of the gross an-
nual receipts of applicant derived from the sale of gas with-
in the limits of the City of Huntington Beach under said gas
franchise. provided, however, in the event that the legisla-
ture shall amend the Broughton Act (public utilities Code
s 6001 - 6017) or the Franchise Act of 1937 (public utilities
Code s 6201 - 6302) to provide for a franchise payment great-
er than two per cent (2%) of the gross annual receipts of
Grantee arising from the use, operation or possession of a
franchise, or in the event that either Grantee, or its affil-
iate Southern California Gas Company, shall ever agree to
pay another charter city within their respective service
territories a sum greater than the said two per cent (2%) of
gross annual receipts arising from the use, operation or
possession of a franchise, then the two per cent (2%) fran-
chise fee agreed upon herein shall be automatically increas-
ed to the level expressed by the legislature in amending the
said Acts or to the level agreed upon with any charter city
within the service territories of Grantee or its said affil-
iate.
2.
lies. No. 2517
NOW, THEF�EFORE, BE IT RESOLVED that the City Council
of the City of Huntington Beach,under and pursuant to the
provisions of Article XIV of the Charter of the City of
Huntington Beach, does hereby declare its intention to
grant to Southern Counties Gas Company of California the
franchise so applied for; and the 20th day of March, 1967,
at 7:30 P.T . , or as soon thereafter as possible, at the
Council Chambers, Sixth and Magnolia Streets, Huntington
Beach, California, is hereby fixed as the day, hour and place
when and where all persons having any objection to the grant-
ing of such franchise may appear before this City Council
and be heard thereon, (the time so fixed for such hearing be-
ing 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 City
Council is hereby directed to publish a notice at least once
within fifteen (15) days after the passage of this resolu-
tion, in a newspaper of general circulation within the City
of Huntington Beach, to-wit, in the Huntington Beach News in
the words and figures as follows, to-wit:
"NOTICE OF INTENTION TO GRANT GAS FRANCHISE"
TO WHOT°T IT MAY CONCERN:
Notice is hereby given by the City Council of the
City of Huntington Beach that it intends to grant, under
and pursuant to the provisions of Article XIV of the Chart@r
of the City of Huntington Beach to Southern Counties Gas
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Res. No. 2517
Company of California, a corporation, a franchise to lay
and use pipes and appurtenances for transmitting and dis-
tributing 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 City of Hunting-
ton Beach and that the 20th day of March, 1967 at 700
o'clock p.M. , or as soon as possible thereafter, at the
Council Chambers, Sixth and Magnolia, Huntington Beach, Cal-
ifornia is hereby fixed as the day, hour and place when and
where any and all parsons having any objection to the grant-
ing of said franchise may appear before the 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 roust be signed by
the protestant and be delivered to the Clerk of the City
Council.
The term for which said franchise is proposed to be
granted is forty (4o) years pursuant to Article XIV of the
Charter of the City of Huntington Beach.
The grantee of said franchise, and its successors
and assigns, will, during the life of said franchise,
pay to the City of Huntington Beach two per cent (20) of
the gross annual receipts of the grantee and its successors
and assigns arising from the use:, operation or possession
4.
Bes. No. 2517
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 Hunting-
ton Beach under said gas franchise. Sand 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. Provided, however, in the event that the
legislature shall amend the Broughton Act (Public Utilities
Code S;6001 - 6017) or the Franchise Act of 1937 (Public Utili-
ties Code S. 6201 - 6302) to provide for a franchise payment
greater than two per cent (2%) of the gross annual receipts of
Grantee arising from the use, operation or possession of a
franchise, or in the event that either Grantee, or its affiliate
Southern California Gas Co_.1pany, shall ever agree to pay another
charter city within their respective service territories a sure
greater than said two per cent (2 ) of gross annual receipts
arising from the use, operation or possession of a franchise,
then the two per cent (2g) franchise fee agreed upon herein shall
be automatically increased to the level expressed by the legisla-
ture in amending the said Acts or to the level agreed upon with
any charter city within the service territories of Grantee, or
its said, affiliate. r
PASSED AkD ADOPTED by the City Council of the City of
5•
Res. ; o. 2517
Huntington Beach, California, at a regular meeting thereof,
held on the 20th day of FebruaKy 1967-
Mtiyor
ATTEST-
City CWk
APPROVED AS TO FORM:
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01-� r %t
t ;
r
City Attorney
6s
Res® Noo2517
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected, qualifi-ed 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 seven; 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 20th
day of February , 19 67 , by the following vote
AYES: Councilmen:
Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart
NOES: Councilmen:
None
ABSENT : Councilmen:
None
City Clerk a ex=officio Clerk
of the City Council of the City
of Huntington Beach, California