HomeMy WebLinkAbout1953-03-19; City Council; Resolution 3737
RE”I0N # 37
RESOLUTION OF INTENTION TO GRAMT EIZCTRIC FRANCHISE
WHEmAS San Diego Gas 8c Electric Company, a California
corporation, has filed with the Council of the City of Carlsbad
an application requesting that a franchise be granted to it of
the character and for the purposes 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 franchise, that hearing of objections to the granting
thereof will be held at the time 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
a newspaper of general circulation within said City, and that said
notice shall be in the following words and figures:
The Carlsbad Journal,
“NOTICE OF INTENTION TO GRAMT FRANCHISE
IS HEREBY GIVEN that San Diego Gas 2% Electric
ornia corporation, has filed its application with
the Council of the City of Carlsbad requesting said Council to
grant it a franchise for an indet
chise Act of 1937,
conduits and appurtenances, including comih
along, across, upon and under the public streets and places within
said City for transmitting and distributing electricity to the
public Eor any and all purposes.
ation circuits, in,
If said franchise shall be granted to it, said San
Gas eC 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
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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 ual receipts derived by grantee
from the sale of electricity within the limits
Said percentage will be paid annually f the date of the
granting of the franchise applied Tor, first annual payment to be
made within three months and fifteen days after the expiration of
the calendar year 1953. 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.
NOTICE IS HEREBY FURTHER GIVEN that any and all persons
having any objections to the granting of said franchise may ap-
e said Council at the City Hall of said City at the hour
of 8 p.m. on Tuesday , the 21st day of April , 19=& 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 HERZBY FURTHER GIVEN that the
chise 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, con
shall well and truly observe, fulfill and
and condition of said franchise and that in case of any breach of
condition of said bond occurring, the whole amount of the penal sm
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I. L
and shall be recoverable from the pri
said bond.
al and sureties upol?
For further particulars reference is here
said application filed as aforesaid in the off
Council, and also to the resolutio
of March , 19 53 , declaring its intention
to grant said franchise.
Dated: March 19 , 19 53 .
By order of the Council of the City of Carlsbad.
The foregoing resolution was duly passed and adopted by
the Council of the City of Carlsbad at a regular meeting of the
ABSEPJT: Councilmen none.
ATTEST: