HomeMy WebLinkAboutResolution No. 822RESOLUTION NO. 822
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING ITS INTENTION TO GRANT A FRANCHISE TO TEXACO INC.,
TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES AND OTHER FACI-
LITIES AND APPURTENANCES FOR THE TRANSMITTING AND DISTRIBUTION
OF OIL OR PRODUCTS THEREOF IN AND ACROSS PUBLIC STREETS, WAYS,
ALLEYS AND PLACES WITHIN THE CITY OF CYPRESS AND FIXING THE
TIME AND PLACE FOR A HEARING THEREON.
WHEREAS, this City Council has received from Texaco Inc., a
corporation qualified to do business in the State of California, an
application, under and pursuant to the provisions of Section 6231 of the
Public Utilities Code of the State of California, for a franchise to lay
and use pipes and other properties and facilities, with their appurtenances,
for transmitting oil or products thereof for and any and all purposes, in,
under, along across or upon the public streets, ways, alleys and other
public places, except State Freeways, as the same now or may hereafter
exist within the City, under the Franchise Act of 1937; and
WHEREAS, the term for which said franchise is applied is indeter-
minate, as defined in Section 6264 of said Code; and
WHEREAS, said application states that if the franchise therein
applied for is granted to it, the applicant, its successors or assigns
will pay, during the life of such franchise, two percent of the gross
annual receipts received or which were actually earned by Texaco Inc.,
its successors or assigns, from the use, operation or possession of said
franchise. If the pipelines laid under the terms of this franchise shall
be a part only of an entire system of pipelines, part of which is not
laid under the terms of this franchise, such gross receipts shall be
deemed to be that portion of the total gross receipts of the entire system
which the number of miles of pipeline laid under the terms of this fran-
chise shall bear to the number of miles of pipe laid in the entire system.
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
said franchise to Texaco Inc., and does hereby fix the llth day of
December, 1967, at 8:00 p.m. in the Chambers of this City Council at
5275 Orange Avenue, Cypress, California, as the day, hour and place when
and where all persons having any objections may appear before this City
Council and be heard thereon; and
BE IT FURTHER RESOLVED that the Clerk of the City Council is
hereby directed to publish a notice, in the form set forth below, at
least once within fifteen days after the passage of this Resolution,
in a newspaper of general circulation within this City:
NOTICE OF INTENTION TO GRANT OIL PIPELINE FRANCHISE
TO WHOM IT MAY CONCERN:
Notice is hereby given by the City Council of the City of
Cypress that, under and pursuant to Div. 3, Chap. 2 of the
Public Utilities Code of the State of California, said City
Council intends to grant to Texaco Inc., a corporation, a
franchise to lay and use pipelines and other properties and
facilities, with their appurtenances, for transmitting oil or
products thereof for any and all purposes in, under, along,
across or upon the public streets, ways, alleys and other
public places, except state freeways, in said City as the
same now or may hereafter exist, and that said City Council
has fixed the 11th day of December, 1967, at 8:00 p.m., in
the Chambers of said City Council at 5275 Orange Avenue,
Cypress, California, as the day, hour and place when and
where any and all persons having objections to the granting
of said franchise may appear before said City Council and be
heard thereon. At any time not later than the hour so set
for the hearing of any such objection, any person interested
may make written protest, stating objections against the
granting of such franchise. Such protest must be signed by
the protestant and be delivered to the Clerk of the said City
Council.
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The term for which said franchise is proposed to be granted
is indeterminate, as defined in Section 6264 of the Public
Utilities Code of the State of California.
The grantee of said franchise, its successors or assigns,
will, during the live of said franchise, pay to the City two
percent of the gross annual receipts received or which were
actually earned by Texaco Inc., its successors or assigns,
from the use, operation or possession of said franchise. If
the pipelines laid under the terms of this franchise shall be
a part only of an entire system of pipelines, part of which
is not laid under the terms of this franchise, such gross
receipts shall be deemed to be that portion of the total gross
receipts of the entire system which the number of miles of
pipeline laid under the terms of this franchise shall bear to
the number of miles of pipe laid in the entire system. Said
percentage will be paid annually from the date of granting of
said franchise, and in the event such payment is not made such
franchise will be forfeited.
DATED:
CLERK OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
BE IT FURTHER RESOLVED that the Clerk of this City Council be
and hereby is further directed to cause a copy of the aforesaid notice
to be given pursuant to Section 688 of the California Streets and
Highways Code to the appropriate district engineer of the Division of
Highways.
PASSED AND ADOPTED by the City Council of the City of Cypress at
a regular meeting held on the 13th day of November, 1967.
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MAYOR OF THE CITY OF CYPyi$SS
ATTEST:
CITY CLOF THE I OF CYPRESS
STATE OF CALIFORNIA ) ss
COUNTY OF ORANGE )
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 13th day of November, 1967, by the
following vote:
AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
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RESOLUTION NO. R97
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G ERJC � HE
RK OF THE
OF CYPRESS