HomeMy WebLinkAboutCity Council - 3185 RESOLUTION NO. 3185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH DECLARING ITS INTENTION
TO GRANT THE GAS FRANCHISE APPLIED FOR BY
PACIFIC LIGHTING SERVICE COMPANY UNDER THE
PROVISIONS OF ARTICLE XIV OF THE CHARTER OF
THE CITY OF HUNTINGTON BEACH
WHEREAS, this City Council has received from Pacific Lighting
Company, a corporation organized and existing under and by virtue
of the laws of the 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 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 (40 ) years , as defined in Section 1402 of said Charter; and
Said application further states that the applicant , if
granted the franchise therein applied for, will pay to the City
of Huntington Beach during the life of such franchise , two percent
(2%) 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 percent
(1%) of the gross annual receipts of applicant derived from the
sale of gas within the limits of the City of Huntington Beach
under said gas franchise .
1 .
NOW, THEREFORE, BE IT RESOLVED that this City Council,
under and pursuant to Article XIV of the Charter of the City
of Huntington Beach does hereby declare its intention to grant
Pacific Lighting Service Company the franchise so applied for;
and Monday, the 3rd day of August , 1970 , at 7 : 30 p .m. , or as
soon thereafter as the matter may be heard, at the place where
this City Council usually meets , to wit : City Hall, Sixth and
Orange, Huntington Beach, is hereby fixed as the day, hour and
place when and where all persons having any objection to the
granting of such franchise may appear before this City Council
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 City Council
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 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 WHOM 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 Charter of the City of
Huntington Beach to Pacific Lighting Service Company, a cor-
poration, 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
City of Huntington Beach; and that Monday, the 3rd day of August ,
1970, at 7 :30 p.m. , or as soon thereafter as the matter may be
heard, at the place where this City Council usually meets , to
wit : City Hall, Sixth and Orange , Huntington Beach, is hereby
fixed as the day, hour and place when and where any and all per-
sons having any interest therein or any objection to the granting
2 .
of said franchise may appear before this City Council and be
heard thereon.
"The term for which said franchise is proposed to be granted
is forty (40) 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 percent (2%) of the gross annual re-
ceipts of the grantee and its successors and assigns arising
from the use, operation or possession of said franchise; pro-
vided, however, that such payment shall in no event be less than
one percent (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 Huntington Beach under said gas franchise .
Said percentage will be paid annually from the date of the grant-
ing of said franchise , and in the event such payment shall not
be made, said franchise will be forfeited. "
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of July, 1970 .
Mayor
Pro-tempore
ATTEST:
City rk
APPROVED AS TO FORM:
City Attorney--' _
3 .
Res. No. 3185
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES , 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 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 6th
day of July lg 70 by the following vote:
AYES: Councilmen:
Green, Bartlett, McCracken, Gibbs , Matney, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Shiiplev
City Clerk a ex-officio Clerk
of the City Council of the City
of Huntington Beach, California