Resolution No. 83RESOLUTION NO. fl
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING ITS INTENTION TO GRANT THE GAS FRANCHISE APPLIED FOR
BY SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA UNDER DIVISION 3,
CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFOR-
NIA, KNOWN AS THE FRANCHISE ACT OF 1937.
WHr,HEAS, this City Council has received from Southern Counties
Gas Company of California, 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 srid places, as the same now or may hereafter exist within the
City of Cypress; and that the term for snihich the franchise therein
applied for is indeterminate, as defined in Section 6264 of the
Public Utilities Code of the State of California; and
WHEilEAS, 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 applicant arising from the use, opera-
tion 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
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to grant to Southern Counties Gas Company of California the
franchise so applied for; and Monday, the 13th day of April, 1959,
at 7:30 o'clock, P. M., at the place where this City Council
usually meets, to wit City Hall, 9352 Walker Street, Cypress, Califor-
nia, 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
"The 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 Southern Counties Gas Company
of California 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 13th day of April, 1959, at 7:30
o'clock, P.M., at the place where this City Council usually meets,
to wit, City Hall, 9352 Walker Street, 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
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Resolution No. 83
not later than the hour so set for the hearing of objections, 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 this City Council.
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, 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 pos-
session 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 March 9, 1959
/s/ Marti
Martin Olsthoorn
Clerk of City Coun•r�<<i'
of the City of Cypress "
The foregoing resolution was duly passed and adopted by the
City Council of the City of Cypress at a regular meeting of
said City Council held on the 9th day of March, 1959, by the
following vote:
AYES: Councilmen Arnold, Arrowood., Baroldi, Van Dyke,
and McCarney
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Resolution No. 83
NOES: None
ABSENT: None
J, cob Van Dyke, Major
ATTEST:
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Resolution No. 83
CEHTIFIC: TION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF CYPRESS )
I, Martin Olsthoorn, City Clerk of the City of
Cypress, do hereby certify this to be a true and correct
copy of Resolution No. 83, passed and adopted by the City
Council of the City of Cypress on the 9th day of March, 1959.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City Council of the City
of Cypress, California, this 19th day of March, 1959.
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Resolution No. 83