Res 172RESOLUTION NO. 172
RESOLUTION OF INTENTION TO GRANT ELECTRIC FRANCHISE
WHEREAS San Diego Gas $ Electric Company, a California
Corporation, has filed with the Council of the City of Poway an application
requesting that a f_~ancb_ise 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 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
Poway News-Chieftain, 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 San Diego CAs $ Electric Company,
a Calmfornia corporation, b~.~ filed its application with the Council of
the Cit~ of Poway requesting said Council to grant it a franchise for
an indeterminate period, under the Franchise Act of 1937, to install,
nm~ntain and use pipes and appurtenances under, along, across and upon
the public streets and places within said City for transmitting and
distributing electricity to the public for any and all purposes.
Resolution No. 172
Page 2
If said franchise shall be granted to it, said San Diego Gas
g Electric Con~pany, its successors and assigns, hereinafter designated
grantee, sh~]l during the life thereof pay to said City two percent of
the gross ann,~al receipts of said fpanchise; provided, however, that
such payment sh~] ] in no event be less than one p~rcent of the gross
ann,,~l receipts derived by grantee from the sale of gas within the
limits of said City.
Said percentages will be paid q,,a~terly. First q,~a~terly
payment to be made on or before the Fifteenth day of FebI~,ary 1982.
Subsequent quarterly payments will be made no later than the twenty-
fifth day of the end of each quarter (May, August and November) every
calendar year ther~3fter. In the event such payments shall not be
made, .said franchise sb~l be forfeited. Said City Council proposes
to grant said franchise for an indeterminate period.
NOTICE IS HEREBY FURTHER GIVEN that any and a]l 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
8:00 p.m., on Tuesday, the 17th day of November, 1981, and be heard
thereon; and
.x NOTICE IS HEREBY tlIRTHER GIVEN that at any time not later
than the hour so set for hearing objections, any person interested
may make written protest stating objections aga{nst the granting of
said franchise, which protest rmast 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.
Resolution No. 172
Page 3
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 27th day of October, 1981, declaring
its intention to grant said franchise.
DATED: October 27, 1981
By order of the Council of the City of Poway.
Clerk of the City of Poway
Resolution No. 172
Page 4
The foregoing resolution was duly passed and adopted by the
Council of the City of Poway at a regulam meeting of the said Council
held on the 27th day of October , 1981, by the following
vote:
NOES:
Council Member Oravec, Rexrode, Emery
Shepardson, Tarzy
Council Membe~
None
ABSENT: Council Member None
Ci~yty Ci~~ o f 'the C~ity~~~
of Poway