Resolution No. 1029RESOLUTION NO. 1029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING ITS INTENTION TO GRANT THE GAS FRANCHISE APPLIED
FOR BY PACIFIC LIGHTING SERVICE COMPANY UNDER DIVISION 3,
CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF
CALIFORNIA, KNOWN AS THE FRANCHISE ACT OF 1937.
WHEREAS, this City Council has received from Pacific Lighting Service
Company, a corporation organized and existing under and by virtue of the laws
of the State of California, and engaged as a public utility corporation in
transmitting and distributing gas for all purposes to consumers in various
municipalities and communities in the State of California, including the City
of Cypress, an application, under and pursuant to the provisions of Division
3, Chapter 2 of the Public Utilities Code of the State of California, for a
franchise, which said application states, in compliance with the provisions of
Section 6231 thereof, that the purpose for which the franchise therein applied
for is desired is to lay and use pipes and, appurtenances for transmitting and
distributing gas for any and all purposes under, along, across or upon the public
streets, ways, alleys and places, as the same now or may hereafter exist within
the City of Cypress, and that the term for which the franchise therein applied
for is indeterminate, as defined in Section 6264 of the Public Utilities Code
of the State of California; and
WHEREAS, said application further states that the applicant, if granted
the franchise therein applied for, will pay to the City of Cypress, during the
life of such franchise, two per cent (2 %) of the gross annual receipts of appli-
cant 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 (1 %) of
the gross annual receipts of applicant derived from the sale of gas within the
limits of the City of Cypress under said gas franchise.
NOW, THEREFORE, BE IT RESOLVED that this City Council under and pursuant
to the provisions of Section 6232 of the Public Utilities Code of the State of
California, does hereby declare its intention to grant to Pacific Lighting
Service Company the franchise so applied for; and Monday, the 12th day of
January, 1970, at 8:00 o'clock p.m., at the place where this City Council
usually meets, to wit City Council Chambers, 5275 Orange Avenue, Cypress, Cali-
fornia, is hereby fixed as the day, hour and place when and where all persons
having any objection to the granting of such franchise may appear before this
City Council and be heard thereon, (the time so fixed for such hearing being
not less than twenty (20) nor more than sixty (60) days after the date of the
passage of this resolution); and
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby
directed to publish a notice at least once within fifteen (15) days after the
passage of this resolution, in a newspaper of general circulation within this
City of Cypress, to wit, in the Los Alamitos- Cypress News Enterprise, in the
words and figures as follows, to wit:
"NOTICE OF INTENTION TO GRANT GAS FRANCHISE.
TO WHOM IT MAY CONCERN:
Notice is hereby given by the City Council of the City of Cypress
that it intends to grant, under and pursuant to Division 3, Chapter 2 of
the Public Utilities Code of the State of California, known as the Franchise
Act of 1937, to Pacific Lighting Service Company, a corporation, a franchise
to lay and use pipes and appurtenances for transmitting and distributing
gas for any and all purposes under, along, across or upon the public streets,
ways, alleys or places, as the same now or may hereafter exist within the
City of Cypress; and that Monday, the 12th day of January, 1970, at 8:00
o'clock, p.m., at the place where this City Council usually meets, to wit;
City Council Chambers, 5275 Orange Avenue, Cypress, California, is hereby
fixed as the day, hour and place when and where any and all persons having
any objection to the granting of said franchise may appear before this City
Council and be heard thereon. At any time not later than the hour so set
for the hearing of objections, any person interested may make written pro-
test, stating objections against the granting of such franchise. Such pro-
test must be signed by the protestant and be delivered to the clerk of this
City Council.
The term for which said franchise is proposed to be granted is inde-
terminate, as defined in Section 6264 of the Public Utilities Code of the
State of California.
The grantee of said franchise, and its successors and assigns, will,
during the life of said franchise, pay to the City of Cypress two per cent
(2 %) of the gross annual receipts of the grantee and its successors and
assigns 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 (1 %) of the gross annual receipts of the grantee, its successors and
assigns, derived from the sale of gas within the limits of the City of
Cypress under said gas franchise. Said percentage will be paid annually
from the date of the granting of said franchise, and in the event such
payment shall not be made said franchise will be forfeited.
Dated December 8, 1969.
/s/ Darrell Essex
CITY CLERK OF THE CITY OF CYPRESS
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of December, 1969.
ATTEST:
CITY CLERK OF HE CITR OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
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MAYOR OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was adopted at a regular meeting of the said City
Council held on the 8th day of December, 1969 by the following vote:
AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Noe
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CITY CLERK F THE CITY OF CYPRESS
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