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HomeMy WebLinkAboutRES CC 1984 068 1984 0215RESOLUTION NO. Rd_LR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DECLARING ITS INTENTION TO GRANT TO SOUTHERN CALIFORNIA GAS COMPANY A FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON CERTAIN PUBLIC STREETS, WAYS AND ALLEYS AND PLACES WITHIN SAID CITY. WHEREAS, this City Council has received from Southern Califoria Gas 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 Moorpark, an application, under and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, for a franchise, which said application states, in compliance with the provisions of Section 6231 thereof, that the purpose for which the franchise therein applied for is desired is to lay and use pipes and appurtenances for transmitting and distribu- ting gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places, as the same now or may hereinafter exist within the City of Moorpark; and that the term for which the franchise therein applied for is indeterminate, as defined in Section 6264 of the Public Utilities Code of the State of California; and WHEREAS, said application further states that the applicant, if granted the franchise therein applied for, will pay to the City of Moorpark, 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 Moorpark, under said gas franchise; NOW, THEREFORE, BE IT RESOLVED that this City Council, under and pursuant to the provisions of Section 6232 of the Public Utilities Code of the State of California, does hereby declare its intention to grant. to Southern California Gas ompany the franchise so applied for; and Wednesday, the 21:3t day of March, 1984, at 7:00 o'clock p.m., at the place where this City Council usually meats, to wit: the City hall, 799 Moorpark Avenue, Moorpark, i hereby fixed as the day, hour and place when and where ail l having any objection to the granting of such franch i st in,3y ,ippear before this it'! Council <11)d he heard th"r(on, (th'' t.ime 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 the City of Moorpark, to wit: in the Moorpark 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 Moorpark that it intends to grant, under and pursuant to Division 3, Chapter 2 of the Public Utilities Code of the State of California, known as the Franchise Act of 1937. to Southern California Gas Company, a corporation, a francise to lay and use pipes and appurtenances for trans- mitting and distributing gas for any and all purposes under, along, across or upon the public streets as the same now or may hereafter exist within the City of Moorpark; and that Wednesday, the 21st day of March, 1984, at 7:00 o'clock p.m., at the place where this City Council usually meets, to wit: City Hall, 799 Moorpark Avenue, Moorpark, 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 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 must be signed by the protestant and be delivered to the Clerk of this City Council. The term for which said franchise is proposed to be granted is indeterminate, as defined in Section 6264 of the Public Utilities Code of the State of California. The grantee of said franchise, and its sucessors and assigns, will, during the life of said franchise, pay to the City of Moorpark two percent (2 %) 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 one t-)ercent (1 %) of the gross annual receipts of the grantee, its successors and assigns, derived from the sale of q,-is within the limits of the City _-2- of Moorpark under said gas franchise. 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 , 1984. Clerk of the Council of the City of Moorpark" PASSED, APPROVED and ADOPTED this 75 day of February, 1984. ATTEST: M jptVr of e y of rpark, alifornia -3- STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOOR PA R K ) 1, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 84 -68 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 15 day of February , 19 84 , and that the same was adopted by the following vote, to wit: AYES: Councilmembers Straughan, Beaulieu, Harper, Prieto and Mayor Yancy- Sutton; NOES: None ; ABSENT: None. WITNESS my hand and the official seal of said City this 15 day of February , 19 84 C11'rV ('} .} .R K