HomeMy WebLinkAboutCity Council - 6269 RESOLUTION NO. 6269
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, DECLARING ITS
INTENTION TO GRANT A GAS FRANCHISE TO
THE SOUTHERN CALIFORNIA GAS COMPANY
WHEREAS, the City Council of the City of Huntington Beach
intends to grant to the Southern California Gas Company, a
California corporation, a franchise of the character and for
the purpose mentioned in the form of notice hereinafter set
forth and to settle the case of City of Huntington Beach v.
SoCalGas (Orange County Superior Court No. X607984) ; and
In the opinion of said City Council the public good will be
served by the granting of said franchise;
NOW, THEREFORE, BE IT RESOLVED that said City Council
intends to grant by ordinance said franchise, that the first
reading of said ordinance will be held at the time and place
specified in the form of notice hereinafter set forth which the
City Clerk of said City is hereby directed to publish at least
once in the Daily Pilot, a newspaper of general circulation
published nearest to said City, and to post in three (3) public
places in said City, within fifteen (15) days after the passage
of this resolution, and that said notice shall be substantially
in the following words and figures :
"NOTICE OF INTENTION TO GRANT FRANCHISE"
NOTICE IS HEREBY GIVEN that the City Council of the City of
Huntington Beach intends to grant to the Southern California
Gas Company a gas franchise for a twenty year period, pursuant
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to the City Charter, to lay and use pipes and appurtenances for
transmitting, distributing and measuring gas for any and all
purposes under, along, across, or upon the public streets,
ways, alleys and places within the City of Huntington Beach.
If said franchise shall be granted to it, said Southern
California Gas Company, its successors and assigns, hereinafter
designated grantee, during the life of said franchise will pay
to said City two percent (2%) of the gross annual receipts
derived by grantee from the sale of gas within the limits of
said City, including 1 .5% of the imputed value of transport
gas; except provided that, under certain circumstances, this
payment shall not be less than four percent (4%) of the gross
annual receipts of said grantee arising from the use, operation
or possession of said .franchise. Such percentage shall be paid
in quarterly installments, and in the event such payment shall
not be made, said franchise shall be forfeited. The City
Council of the City of Huntington Beach proposes to grant said
franchise for a twenty year period effective January 1, 1990 .
NOTICE IS HEREBY FURTHER GIVEN th-at the first reading of
the ordinance granting said franchise shall be at the hour of
7:00 o 'clock p.m. on Monday, the 20th day of May, 1991, at the
place where this City Council usually meets, to wit 2000 Main
Street, Huntington Beach, California. At this time, any and
all persons may appear before this City Council to present
their comments regarding the granting of said franchise; and
NOTICE IS HEREBY FURTHER GIVEN that at any time not later
than the hour set for the first reading, any person interested
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6269
may make written comments regarding the granting of said
franchise, which comments must be signed and delivered to the
City Clerk of said City; and
For further particulars, reference is hereby made to the
proposed franchise ordinance which is on file in the office of
said City Clerk, and also to the resolution adopted by said
City Council on the 29th day of April, 1991, declaring its
intention to grant said franchise.
PASSED, APPROVED AND ADOPTED ON April 29 , 1991
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Cit� Attorne
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6269
Res. No. 6269
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified 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 at least a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 29th day
Of April 19 91 by the following vote:
AYES: Councilmembers:
MacAllister, Winchell , Silva, Green, Kelly, Robitaille, Moulton-Patterson
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
City Cier and ex-officio er
of the City Council of the City
of Huntington Beach, California