Resolution Number 61-6-19-237
RESOLUTION NO. 61-6-19-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO GRANTING ELECTRIC FRANCHISE
TO THE SAN DIEGO GAS AND ELECTRIC COMPANY
WHEREAS San Diego Gas & Electric Company, a California corporation, has filed
with the Council of the City of San Juan Capistrano an application requesting that
a franchise be granted to it of the character and for the purpose mentioned in the
form of notice hereinafter set forth; and
WHEREAS in the opinion of said Council the public good requires that said
franchise be granted;
NOW, THEREFORE, BE IT RESOLVED that said Council intends to grant said fran-
chise, that hearing of objections to the granting thereof will be held at the time
and place specified in the form of notice hereinafter set forth which the Clerk of
said City is hereby directed to publish at least once within fifteen days after the
passage of this resolution in the Coastline Dispatch, a newspaper of general
circulation within said City, and that said notice shall be in the following words
and figures:
"NOTICE OF INTENTION TO GRANT FRANCHISE
NOTICE IS HEREBY GIVEN that San Diego Gas & Electric Company, a California
corporation, has filed its application with the Council of the City of San Juan
Capistrano requesting said Council to grant it a franchise for an indeterminate
period, under the Franchise Act of 1937, to construct, maintain and use poles, wires,
conduits and appurtenances, including communication circuits, in, along, across,
upon, under and over the public streets and places within said City for transmitting
and distributing electricity to the public for any and all purposes.
If said franchise shall be granted to it, said San Diego Gas & Electric
Company, its successors and assigns, hereinafter designated grantee, shall during
the life thereof pay to said City two per cent of the gross annual receipts of said
grantee 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 of the gross
annual receipts derived by grantee from the sale of electricity within the limits
of said City.
Said percentage will be paid annually from the date of the granting of the
franchise applied for, first annual payment to be made within three months and
fifteen days after the expiration of the calendar year 1961. Subsequent annual
payments will be made within three months and fifteen days after the termination of
each and every calendar year thereafter. In the event such payments shall not be
made, said franchise shall be forfeited. Said City Council proposes to grant said
franchise for an indeterminate period.
3 8 NOTICE IS HEREBY FURTHER GIVEN that any and all persons having any objections
to the granting of said franchise may appear before said Council at the City Hall
of said City at the hour of 7:30 P.M. on Monday, the 10th day of July, 1961, and
be heard thereon; and
NOTICE IS HEREBY FURTHER GIVEN that at any time not later than the hour so
set for hearing objections, any person interested may make written protest stating
objections against the granting of said franchise, which protest must be signed by
the protestant and delivered to the City Clerk of said City, and the Council shall
at the time set for hearing said objections proceed to hear and pass upon all
protests so made; and
NOTICE IS HEREBY FURTHER GIVEN that the grantee of said franchise must within
five days after the date of granting same file with the Council of said City a
bond in the penal sum of one thousand ($1,000.00) dollars running to said City
with at least two good and sufficient sureties or one good and sufficient corporate
surety thereto, to be approved by said Council, conditioned that such grantee shall
well and truly observe, fulfill and perform each and every term and condition of
said franchise and that in case of any breach of condition of said bond occurring,
the whole amount of the penal sum therein named shall be taken and deemed to be
liquidated damages and shall be recoverable from the principal and sureties upon
said bond.
For further particulars reference is hereby made to said application filed
as aforesaid in the office of said Council, and also to the resolution adopted on
the 19th day of June, 1961, declaring its intention to grant said franchise.
Dated: June 19, 1961.
By order of the Council of the City of San Juan Capistrano.
Clerk Cf the City of San Juan C istrano"
The foregoing resolution was duly passed and adopted by the Council of the
City of San Juan Capistrano at a special meeting of the said Council held on the
19th day of June, 1961, by the following vote:
AYES: Councilmen William A. Bathgate, Edward S. Chermak, Don Durnford,
Antonio M. Olivares
NOES: Councilmen None
ABSENT: Councilmen Carl E.
(Fo
ATTEST
GL� �
Clerk f the City of
San Juan Capistrano