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HomeMy WebLinkAbout026-82 RESOLUTION No. 26-~ RESOLUTION OF INTENTION TO GRANT GAS FRANCHISE WHEREAS Pacific Gas and Electric Company, a f~ California utility corporation, has filed with the City Council of the City of Danville 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 and place specified in the form of notice hreinafter 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 VALLEY PIONEER 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 Pacific Gas and Electric Company, a California utility corporation, has filed its application with the Council of the City of Danville requesting said Council to grant it a franchise for an indeterminate period, under the Franchise Act of 1937, to install, maintain and use pipes and appurtenances under, along, across and upon the public streets and places within said City for transmitting and distributing gas to the public for any and all purposes. If said franchise shall be granted to it, said Pacific Gas and 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 gas within the limits of said City. Said percentage will be paid annually from the date of the granting of the franchise applied for and in the event such payment 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 appear before said Council at the City Hall of said City at the hour of 8 p.m. on MONDAY , the 1st day of November , 1982, and be heard thereon; and NOTICE IS HEREBY FURTHER GIVEN that 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. For further particulars reference is hereby made to said application filed as aforesaid in the oJfice of said Council, and also to the resolution adopted on ahe 4th day of October , 1982, d~ci~£ing its intention to grant said franchise. Dated: October 4 , 1982 By order of the Council of the City of Danville Clerk of the City of DanVille" The foregoing resolution was duly passed and adopted by the Council of the City of Danville at a regular meeting of the said Council held on the 4th day of October , 1982~ by the following vote: f., AYES: Councilmen Lane, Mc Neely Offcnhartz, Schlcndorf NAYS: Councilmen None ABSENT: Councilmen May (excused) Mayor of the/City of Danville ATTEST: Clerk of the City of Danville -3- t APPLICATION FOR GAS FRANCHISE September 17, 1982 CITY OF DANVILLE State of California and its City Council Gentlemen: PACIFIC GAS AND ELECTRIC COMPANY, a California utility corporation, as applicant, hereby applies for a franchise pursuant to the Franchise Act of 1937, and avers as follows: The purposes of said franchise shall be to install, maintain and use pipes and appurtenances under, along, across and upon the public streets and places within the City of Danville for transmitting and distributing gas to the public for any and all purposes. The term of said franchise so requested shall be indeterminate, as provided in the Franchise Act of 1937. If said franchise shall be granted to it, applicant will pay to said City during the term thereof two per cent 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 of the gross annual receipts derived by applicant from the sale of gas within the limits of said City. We request that said franchise be granted by ordinance in the form which accompanies the form of resolution which we have prepared and submit herewith for your use should you elect to use same. Very truly yours, PACIFIC GAS AND ELECTRIC COMPANY Division Manager, East Bay Division f,~.. ,?" CITY OF DANVILLE ) i COUNTY OF CONTRA COSTA ) ss. ~ STATE OF CALIFORNIA ) i PATRICIA A. DEMPSTER , being duly sworn, ~ : deposes and says I am the City Clerk of the City of Danville, ~! ! said county and state, and on the 27 day of September982, i I mailed in a sealed envelope in the United States post i office to CALTRANS, 2816 North Main, , the local Walnut Creek, California District Engineer of the Division of Highways, a copy i of the Application for Gas Franchise filed by Pacific Gas and Electric Company with the City Council of the /-~ City of Danville, as required by Section 688 of the i Streets and Highway Code. I Subscribed and sworn to before me this 27th day of September , 1982. Notary Public in and for the County of Contra Costa, State of California. My Commission Expires: 6-10-84 · ~:~ JOANNE R. M£YERS ?