HomeMy WebLinkAboutCC RES 222RESOLUTION NO. 222
RESOLUTION OF INTENTION TO
GRANT ELECTRIC FRANCHISE.
WHEREAS, SOUTHERN CALIFORNIA EDISON COMPANY, a
California utility corporation, has filed with the Council of
the City of Tustin an application requesting that a franchise
be granted to it of the character and for the purpose mention-
ed in the form of notice hereinafter set forth; and
WHEREAS, in the opinion of said Council the public
good requires that said fr~chise be granted;
NOW, THEREFORE, BE IT RESOLVED that said City
Council intends. to grant said franchise, that hearing of obJec-
tions to the granting thereof will be held at the time and
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 reso-
lution in "The Tustin News", a newspaper of general circula-
tion 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 Southern California
,
Edison Company, a California utility corporation, has filed
its apPlication with the Council of the City of Tustin re-
questing said Council to grant it a franchise for an inAeter-
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0.
minate period, as provided in the Franchise Act of 1937, to
construct and use poles, wires, conduits and appurtenances,
including communication circuits in, along, across, upon and
under the public streets, ways, alleys, and places within the
City of Tustin, and for transmitting and distributing elect-
ricity to the public for any and all purposes.
If said franchise shall be granted to it, said
Southern California Edison Company, its successors and assigns,
·
hereinafter designated grantee, shall during th® life of said
franchise pay to said City two percent (2%) of the gross annual
receipts of said grantee arising from the use, operation or
possession of said franchise; provided, however, that such pay-
ment shall in no event be less than one percent (1%) of the
gross annual recipts derived by grantee from the. sale of· elect-
ricity within the limits of said City. Such percentage shall be
paid .annually from the date of the granting., of the franchise
applied .for,~. and in the event' s~uch 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 fran-
chise may appear before said Council at the City Hall of said
City at the hour of ?.30 o'clock p. m. on Monday, the 6th day
of June, 19~9, and be heard' thereon; and
NOTICE I'S HEREBY' FURTHER GIVEN that at any time
.not later than the hoUr se.t for hearing objections any person
i~terested may make written protest stating objections against
the granting of' said franchise, which protest must be signed
by the protestant and be delivered to the City Clerk of said
City, and the Counci'l shall at the time'set for hea~ing said
objections proceed to hear and pass upon all protests so made;
NOTICE IS HEREBY FURTHER GIVEN that the grantee
of said franchise 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 Dollar'8. ($2I., 000.00) running
to said city With at least two good and sufficient, sureties
thereto to be approved by said Council. conditioned that such
grantee shall well and t~ly observe, fulfill and perform
each and every term and condition of said franchise, and
that in case of any breach of condi.tion of ~aid bond occur-
.lng' 'the Whole. arno: ~unt of' the penal sum herein named shall be
~aken and deemed to be liquidated damages and shall be re-
covetable f~om the p~tncfpal m'~d su~lttes upon ~atd bond.
For further particulars reference is hereby made
to said application filed as aforesaid in the office of said
City Clerk, and also to the resolution adopted by said City
Council on the 2nd day of May, 1914.9, declaring its intention
to grant said franchise.
CalifOrnia.
Dated this 2nd day of May, 1949. .
By order of the Council of the City of Tustin,
gitY clerk' City"Of TUi~'i~
',The foregoing resolution was duly passed and adopted
by'.the 'Council of the City of 'Tustin at a regular meeting of
the said.."Council held on the 2nd day of May, 1949, by the fol-
lowing v~te:
Councilman William H. Gray, William I.
Miller, Frank E. Bacon, Jr.,
Arthur M. charleton, Vincent
L. Humeston.
NOES
ABSENT
Councilmen None
Councilmen None
ity Clerk, i~~6f .... Tu'~'tin'
s.tate of' California
Mayor, Cit~ 'of Tust~in,
State of California.
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Attached Certificate)
State of California )
County of Orange )
City of Tustin )
SS.
I, Chas. E. Morris, ~ity Clerk of the City of
Tustin, County of Orange, State of California, do hereby cer-
tify that· the above and.'foregoing is a full, true and correct
copy of Resolution No. 222, and that said Resolution was
adopted at the time and by the vote stated on the Certificate
attached hereto and has not been amended or repealed.
IN WITNESS WHEREOF, I have hereunto affixed the
official seal of the City of. Tustin, .~this 2nd day of May~.-1949.
· ~( Seal )
~city Clerk of-~ustin~ 0ral~ge
county, California.