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CC RESOLUTION 1240RESOLUTION NO. 1240 RESOLUTION BY CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DECLARING ITS IN- TENTION TO GRANT A GAS FRANCHISE APPLIED FOR BY SOUTHERN CALIFORNIA GAS COMPANY UNDER THE FRANCHISE ACT OF 1937. WHEREAS, this City Council has received from Southern California Gas 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 munici- palities and communities in the State of California, including the City of El Segundo, an application, under and pursuant to the provisions of the Franchise Act of 1937, being Chapter 2 of Division 3 (Sections 6201 to 6302, both inclusive) of the Public Utilities Code of the State of California, for a fran- chise, which said application states, in compliance with the provisions of Section 6231 of said Code, that the purpose for which the franchise therein applied for is desired is to lay and use pipes and appurtenances for transmitting and distri- buting 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 E1 Segundo; and that the term for which the franchise therein applied for is indeterminate, as defined in Section 6264 of the Public Utili- ties Code; and WHEREAS, said application further states that if granted a franchise under said act said applicant will pay to the City of E1 Segundo, during the life of such franchise, two per cent (2 %) of the gross annual receipts of applicant arising - 1 - fran the use, operation or possession of said franchise; pro- vided, however, that such payment shall in no event be less than one per cent (1%,) of the gross annual receipts of appli- cant derived from the sale of gas within the limits of the City of El Segundo under said gas franchise; NOW, THEREFORE, BE IT RESOLVED that this City Coun- cil, under and pursuant to the provisions of the said Fran- chise Act of 1937, does hereby declare its intention to grant to Southern California Gas Company a franchise under said Franchise Act of 1937, and Wednesday, the 23rd day of July , 1952, at 7 :00 o'clock p.m. (California Daylight Saving Time), at the place where said City Council usually meets, to wit: the Council Chamber in the City Hall of said City, in said City, is hereby fixed as the day, hour and place when and where any and 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 hear- ing 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 within fifteen (1 in a newspaper of Segundo, to wit: newspaper of said to wit: directed to publish a notice at least once 5) days after the passage of this resolution, general circulation within this City of E1 in the "El Segundo Herald", the official City, in words and figures as follows, - 2 - 6'_30O 6301 "NOTICE OF INTENTION TO GRANT GAS FRANCHISE. TO WHOM IT MAY CONCERN: Notice is hereby given by the City Council of the City of E1 Segundo, California, that it intends to grant, under and pursuant to the State of California ='Franchise Act of 1937', to the Southern California Gas Company, a corporation, a franchise to lay and use pipes and appur- tenances 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 E1 Segundo, and that Wednesday, the 23rd day of July , 1952 at 7:00 o'clock p.m. (California Daylight Saving Time), at the place where this City Council usually meets, to wit: the Council Chamber in the City Hall of said City, in said City, is hereby fixed as the day, hour and place when and where any and all persons having any 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 objections, any person interested may make written protest, stating ob- jections against the granting of such franchise. Such protest must be signed by the protestant and be deliver- ed to the clerk of said 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, being a section of said Franchise Act of 1937. Said franchise so proposed to be granted shall if granted, be in lieu of all other franchises, rights or - 3 - and 6-812 privileges owned by the grantee, or by any successor of the grantee to any rights under said proposed franchise, for transmitting and distributing gas within the limits of said City, as said limits now or hereafter may exist, and the acceptance by the grantee of said proposed fran- chise, if granted, shall operate as an abandonment of all such other franchises, rights and privileges within the limits of said City, as such limits now or may here- after exist, in lieu of which said proposed franchise is granted. The grantee of said franchise, and its succes- sors and assigns, shall, during the life of said franchise, pay annually to the City of El Segundo two per cent (2 %) of the gross annual receipts of the grantee and its suc- cessors and assigns arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than a sum which shall be equal to one per cent (1 %) of the gross annual receipts derived by the grantee, its successors and assigns, from the sale of gas for all purposes within the limits of the City of E1 Segundo under said gas franchise. Said per- centage will be paid annually from the date of the grant- ing of said franchise, and in the event such payment shall not be made said franchise will be forfeited. Dated June 25th , 1952• - 4 - City Clerk aalnd Clerk City Council of the City o El Segundo, California. 6903 BE IT FURTHER RESOLVED that the grantee of said franchise upon acceptance thereof, shall be required to execute and deliver to the City a bond of a corporate Surety, approved by said City Council, as permitted by Section 6301 of the Public Code Utilities /of the State of California, in the penal sum hereby prescribed to be One Thousand Dollars ($1,000.00), running in favor of and to said City, conditioned that such grantee shall well and truly observe, fulfill and perform each and every term and condition of such franchise, and that in case of any breach of condition of such bond, the amount of the penal sum therein named shall be recoverable from the principal and sure- ty upon said bond; and BE IT FURTHER RESOLVED that the City Clerk shall cer- tify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in tle minutes of the meeting at which the same is passed and adopted. This resolution shall take effect immediately. Passed, approved and adopted this 25th day of June, 1952• ATTEST: City Ulerk (SEAL) - 5 - Mayor of the City of El�_ Segundo, California, STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, SS. CITY OF EL SEGUNDO. I. Neva M. Elsey, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 1210, was passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 25th day of June, 1952, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Gordon, Swanson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilman Peterson. WITNESS my hand and the official seal of said City this 25th day of June, 1952• (SEAL) - 6 - City Clerk of the C' y o El Segundo, Califo ia.