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RESOLUTION NO. 144-2007
ACKNOWLEDGING THE INTENTION TO GRANT
A GAS FRANCHISE
WHEREAS, Pacific Gas and Electric Company, a California utility corporation, has filed
with the Town Council of the Town 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 the Town Council the public good requires that the
franchise be granted; now, therefore, be it
RESOLVED that the Danville Town Council intends to grant the franchise, that hearing
of objections to the granting thereof will be held at the time and place specified in the
form of notices hereinafter set forth which the City Clerk is hereby directed to publish
at least once within fifteen days after the passage of this resolution in the San Ramon
Valley Times, a newspaper of general circulation within the Town, and that the 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 Town of Danville
requesting said Town Council to grant it a franchise for a term of twenty-five (25) years,
under the Franchise Act of 1937, to construct, install, maintain and use pipes and
appurtenances, including communication circuits, in, along, across, upon and under the
public streets and places within said Town 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 Town two percent of the gross annual receipts of said grantee arising from the
use, operation or possession of said franchise; provided, howev~r, that such payment
shall in no event be less than one percent of the gross annual receipts derived by
grantee from the sale of gas within the limits of said Town.
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 Town Council proposes to grant said franchise for a twenty-five
(25) year term.
NOTICE IS HEREBY FURTHER GIVEN that any and all persons having any
objections to the granting of said franchise may appear before the Town Council at the
Town Meeting Hall, 201 Front Street, Danville, at the hour of 7:30 p.m. on the 15th day
of January, 2008, 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 protests must be signed by the
protestant and delivered to the Town Clerk of said Town and the Town 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 office of said Council, and also to the resolution adopted on the 18th
day of December, 2007, declaring its intention to grant said franchise";
And, be it further
RESOLVED, that this resolution supersedes Resolution No. 137-2007, adopted by the
Town Council on November 20, 2007; and, be it further
RESOLVED, that the current gas franchise granted by the Town to Pacific Gas and
Electric Company shall remain in full force and effect until the effective date of the
successor franchise to be introduced by the Town Council on January 15, 2008.
APPROVED by the Danville Town Council at a regular meeting on December 18, 2007
by the following vote:
AYES: Andersen, Arnerich, Doyle, Shimansky, Stepper
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
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ATTEST:
PAGE 2 OF RESOLUTION NO. 144-2007