HomeMy WebLinkAbout2003-125
RESOLUTION NO. 2003-125
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO STATING THE CITY'S INTENTION TO GRANT A
FRANCHISE TO THE SOUTHERN CALIFORNIA GAS COMPANY
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
WHEREAS, the Common Council' has received from Southern
California 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 San Bernardino, an application, under and pursuant to
the provisions of Chapter 14,04 of the San Bernardino Municipal Code and Division 3, Chapter
2 of the Public Utilities Code of the State of California, for a franchise, which said application
states 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 Bernardino; and that the term for which the franchise
therein applied for is 25 years;
SECTION 2. WHEREAS, said application further states that the applicant, if granted
the franchise therein applied for, will pay to the City of San Bernardino, 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 two percent (2%) of the gross annual receipts of applicant derived from the
sale of gas within the limits of the City of San Bernardino, under said gas franchise.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO STATING THE CITY'S INTENTION TO GRANT A
FRANCHISE TO THE SOUTHERN CALIFORNIA GAS COMPANY
SECTION 3. NOW, THEREFORE, BE IT RESOLVED that the Common Council
under and pursuant to the provisions of Chapter 14.04 of the San Bernardino Municipal Code
and 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; and
Monday, the 21st day of July, 2003, at four o'clock, p.m" at the place where the Common
Council usually meets, to wit the San Bernardino City Council Chambers, 300 North "0"
Street, San Bernardino, 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 the Common 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,
SECTION 4. That the City Clerk 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 San Bernardino, to wit, in The Sun, in the words and figures as
follows:
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO STATING THE CITY'S INTENTION TO GRANT A
FRANCHISE TO THE SOUTHERN CALIFORNIA GAS COMPANY
"NOTICE OF INTENTION TO GRANT GAS FRANCHISE"
TO WHOM IT MAY CONCERN:
Notice is hereby given by the Common Council of the City of San
Bernardino that it intends to grant, under and pursuant to Chapter 14.04 of the
San Bernardino Municipal Code and Division 3, Chapter 2 of the Public Utilities
Code ofthe 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 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 San Bernardino, The 21st day of July 2003, at four
o'clock, p.rn., at the place where the Common Council usually meets, to wit, San
Bernardino City Council Chambers, 300 North "D" Street, San Bernardino, 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 the
Common 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 City Clerk.
The term for which said franchise is proposed to be granted is a definite
term (20 or 25 years).
The grantee of said franchise, and its successors and assigns, shall,
during the life of said franchise, pay to the City of San Bernardino 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 two percent (2%) 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 Bernardino under said gas
franchise. Said percentage shall be paid in four installments (quarterly) and
shall be initially calculated as of January I, 2003, and in the event such payment
shall not be made, said franchise shall be forfeited.
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2003-125
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO STATING THE CITY'S INTENTION TO GRANT A
FRANCHISE TO THE SOUTHERN CALIFORNIA GAS COMPANY
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
j t.
Common Council ofthe City of San Bernardino at a reg. meeting thereof, held on the 16th
day of June
, 2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
LONGVILLE
x
MCGINNIS
x
DERRY
x
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
The foregoing resolution is hereby approved this
rA~h~
Ci~lerk
I "'\ n~ day of June " 2003.
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
;1
If
By: .AkVV>-4 --; ,I'~
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