Resolution Number 61-8-14-253
RESOLUTION NO. 61-8-14-2
RESOLUTION BY CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO DECLARING ITS INTENTION
TO GRANT THE GAS FRANCHISE APPLIED FOR BY
SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA
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 Counties Gas Company
of California, 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 munici-
palities and communities in the State of California, including the City of San
Juan Capistrano, 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 fran-
chise, 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 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 hereinafter exist within the City of San
Juan Capistrano; and that the terms 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 San Juan Capistrano, during
the life of such franchise, two per cent (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 per cent (1°%) of the
gross annual receipts of applicant derived from the sale of gas within the limits
of the City of San Juan Capistrano, 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 Counties Gas Company of
California the franchise so applied for; and sets Monday, the 11th day of September,
1961, at 7:30 o'clock P.M. at the place where this City Council usually meets, to
wit: 31762 Camino Capistrano, San Juan Capistrano, California, 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
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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 San
Juan Capistrano, to wit, in the Coastline Dispatch, 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 San Juan Capistrano
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 Counties Gas Company of California, a corporation, 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 San Juan Capistrano; and
that Monday, the 11th day of September, 1961, at 7:30 o'clock P.M., at the place
where this City Council usually meets, to wit, 31762 Camino Capistrano, San Juan
Capistrano, California, 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 writ-
ten 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 successors and assigns, will during the
life of said franchise, pay to the City of San Juan Capistrano two per cent (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 per cent (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 San Juan Capistrano 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.
City Clerk of City Council of the
City of San Juan Capistrano"
The foregoing resolution was duly passed and adopted by the Council of the
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City of San Juan Capistrano at a regular meeting of the said Council held on the
14th day of August, 1961, by the following vote:
AYES: Councilmen: William A. Bathgate, Edward S. Chermak, Don Durnford,
Antonio Olivares, Carl E. Buchheim
NOES: Councilmen: None
ABSENT: Councilmen: None
Mayor of the City of
San Juan Capistrano
ATTEST:
City Clerk of the City of
San Juan Capistrano