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HomeMy WebLinkAbout91-025 CC ResolutionRESOLUTION NO. 91-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE CITY COUNCIL'S INTENTION TO GRANT AN ELECTRIC FRANCHISE TO SOUTHERN CALIFORNIA EDISON COlVIPANY WI~EREAS, Southern California Edison Company, a California corporation, has filed with the City Council of the City of Temecula an application requesting that a franchise be granted to it of the character and for the purposes mentioned in the notice hereinafter set forth; and WltERF_AS, in the opinion of the City Council the public good requires that said franchise be granted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby declares its intention to grant said franchise to Southern California Edison Company, that heating of objections to the granting thereof will be held at the time and place specified in the notice hereinafter set forth, which the City Clerk is hereby directed to publish at least once within fifteen (15) days after the passage of this resolution in the Californian, a newspaper of general circulation within the City of Temecula, and that said notice shall be in the following words and figures: "NOTICE OF INTENTION TO GRANT FRANCHISE' NOTICE IS HEREBY GIVEN that Southern California Edison Company, a California corporation, has filed its application with the City Council of the City of Temecula requesting that the City Council grant to it a franchise for an indeterminate period, pursuant to the Franchise Act of 1937, to construct, install, maintain and use poles, wires, conduits and appurtenances, including communication circuits necessary or proper therefore, under, along, across and upon the public highways and streets within the City for transmitting and distributing electricity to the public for any and all purposes. If said franchise shall be granted to it, Southern California Edison Company, its successors and assigns, hereinafter designated grantee, shall during the life thereof pay to the City two (2%) percent of the gross annual receipts of said grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one (1%) percent of the gross annual receipts derived by grantee from the sale of electricity within the limits of the City. Resos 91-25 I Said percentages will be paid as follows: (a) On or before the 15th day of March of each calendar year during the term of this franchise and forty-five (45) days after the expiration of the term of this franchise, grantee shall file with the City Clerk of the City, the original, and with the Auditor of City, one copy of a statement showing the gross receipts during the preceding calendar year or fractional calendar 0a) On or before the 31st day of March, grantee shall pay to the City Treasurer the money herein required to be paid by grantee to the City upon the basis of the data set forth in said statement. (c) Thereafter, no later than the 31st day of the end of each quarter (June, September and December) of the City's fiscal year during the term of this franchise, grantee shall pay to the City Treasurer one-fourth (1/4) of the money herein required to be paid by grantee to the City upon the basis of the data set forth in the statement required by Subsection (a) herein. By this method of payment, it is contemplated and understood that grantee is in effect paying the money herein required to be paid by Grantee to the City under this subsection on the basis of gross receipts for the preceding calendar year and that an adjustment shall be made, as more fully set forth in Subsection (d) herein. (d) On or before the 31st day of March, grantee shall pay to the City Treasurer, or receive as a refund from the City, as the case may be, a sum of money equal to the difference between the sum of the payments of money made in accordance with Subsection (c) herein and the annual payment of money herein required to be paid by grantee to City upon the basis of the data set forth in said statement. UNOTICE IS I-IERFJ~Y FURTI-~R GIVEN that any and all persons having any objections to the granting of said franchise may appear before the City Council at the Temporary Council Chambers, located at 27475 Commerce Center Drive, at the hour of 7:00 p.m., on Tuesday, the 26th day of March, 1991, and be heard thereon; and NOTICE IS HEREBY FURTHER GIVEN that at any time not later than the hour so set for hearing objections, any person interested may make written protest stating objections against the granting of said franchise, which protest must be signed by the protestant and delivered to the City Clerk, and the City Council will, at the time set for hearing said objections, proceed to hear and pass upon all protests so made. Rcsos 91-25 2 For further particulars reference is hereby made to said application on file in the office of the City Clerk, and also to Resolution No. 91-25, adopted on the 26th day of February, 1991, declaring the City Council's intention to grant said franchise. Dated: , 1991 By order of the City Council of the City of Temecula. City Clerk of the City of Temecula" SECTION 2. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 26th day of February, 1991. ~Rcn~~d J. F~~m ~. Mayor ATTEST r~e~, City Clerk [SEAL] Resos 91-25 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution No. 91-25 was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 26th day of February, 1991 by the following vote of the Council: AYES: 4 COUNCIL MEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Moore (~~;e S. Greek, City Clerk Resos 91-25 4