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1979-05 RESOLUTION NO. 79-5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DECLARING ITS INTENTION TO GRANT THE GAS FRAN- CHISE APPLIED FOR BY SOUTHERN CALIFORNIA GAS COMPANY UNDER DIVISION 3, CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, KNOWN AS THE FRANCHISE ACT OF 1937 WHEREAS, this City Council has received from SOUTHERN CALIF- ORNIA 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 pur- poses to consumers in various municipalities and communities in the State of California, including the CITY OF GRAND TERRACE, an applica- tion, 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 Sec- tion 6231 thereof, that the purpose for which the franchise therein ap- plied for is desired is 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, ways, alleys and places, as the same now or may hereafter exist with the CITY OF GRAND TERRACE; and that the term for which the franchise therein applied for is indeterminate, as de- fined in Section 6264 of the Public Utilities Code of the State of Calif- ornia; and WHEREAS, said application further states that the applicant, if granted the franchise therein applied for, will pay to the CITY OF GRAND TERRACE, during the life of such franchise, two per cent (2%) of the gross annual receipts of applicant arising from the use, operation or possession if said franchise; provided, however, that such payment shall in no event be less than one per cent (1%) of the gross annual receipts of appli- cant derived from the sale of gas within the limits of the CITY OF GRAND TERRACE, 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 COMPANY the franchise so applied for. That the 15th day of February, 1979, at six o'clock p.m. , at the place where this CITY COUNCIL usually meets, to wit 22140 Barton Road, 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 the resolu- tion) ; and BE IT FURTHER RESOLVED that the City Clerk of said City is hereby directed to publish a notice in a newspaper of general circulation within this CITY OF GRAND TERRACE, to wit, in the Sun Telegram, San Bernardino, California, and to post in three (3) public places in said City, within fifteen (15) days after the passage of this resolution, 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 GRAND TERRACE 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 franchise to lay and use pipes and appurtenances for transmitting and - 2 - 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 GRAND TERRACE; and that the 15th day of February, 1979, at six o' clock p.m. , at the place where this CITY COUNCIL usually meets, to wit, 22140 Barton Road, 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 pro- testant 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 successors and assigns, will , during the life of said franchise, pay to the CITY OF GRAND TERRACE two per cent (2%) of the gross annual receipts of the grantee and its suc- cessors 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 per cent (M) 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 GRAND TERRACE 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. 3 - LADOPTED this 18th day of January, 1979. Mayor og the City of Grand Terrace and of the City Council thereof. ATTEST: City Clerk of the City of Grand Terrace and of the City Council thereof. L Approved as to Form: (SEAL) Jt City Attorney L STATE OF CA SAN BERN ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I , SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said City at the regular meeting of the City Coun- cil held on the 18th day of January, 1979, and that it was so adopted by the following vote: AYES: Councilmembers Tillinghast, Erway, Allen, Grant; Mayor Petta NOES: None Subscribed and Sw�orn to before me•• this ABSENT: None tiaday of��Q "_ ' 1975 FM i.ann a ue i:won+f s.n se<m,e��,sm.of caawds City Clerk bf the City of Grand Terrace and of the City Council thereof. yssesr4npsz�zsrsrns2stsz,s•mnxs,m,nc+�+saua (SEAL) R o KIT Y i HII L r (�' a �y 'i. ' sar t Ini e Nx N STATE OF CALIFORNIA ) e1r Coirrnss cr N,11asif eII !q82 � COUNTY OF SAN BERNARDINO ) ss. sa2�aslz,,rz�sss2ssznszQers' CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true and correct copy of Resolution No. 79-5 of said City Council , and that the same has not been amended or repealed. DATED: January 18, 1979 Subscribed and Sworn to before me •- this (� 3 nO'day of , 111L In mtl for tee County of an tlernaeeino.Style of ealifomi. City Clerk Of the City of Grand Terrace and of the City Council thereof. ` QBiS Ff is i'� ^'SdE2S8i2n5' (SEAL) �; �) KITT l L HILL r J 7 e. ioe IC G _vrosmiA w'M 9N iL tN R YO COVNTY MY Lom icn bp CS Ju e le, 1112 ^32SLSZsib?525ZSti,cR2RS252fZ5252Sr¢S5d2s8 2525.