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Resolution 367 0:..,1 '-'~"'" I. RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPrANCE OF AMOUNT OFFERED BY PACIFIC GAS & ELECTRIC COMPANY IN PAYMENT OF FRAN::HISE TAX, WITHOUT PREJUDICE TO THE RIGHTS OF THE CITY OF GILROY. WHEREAS, the City of Gilroy has heretofore granted two (2) franchises to the COAST COUNTJES GAS & ELECTRIC COMPANY, one giving the right to furnish gas to the inhabitants of the said City of Gilroy, and the other to furnish electricity thereto, under an agreement and ordinance providing for the payment of two (2%) per cent of the gross annual receipts arising from the sale of gas and from the sale of electricity within the limits of the City of Gilroy; and, WHEREAS, the said COAST COUNTIES GAS & ELECTRIC COMPANY has been operating under the said franchises since the year 1947, and did pay the said percentage as long as it was the owner and holder of said franchises; and, WHEREAS, the said COAST COUNTIES GAS & ELECTRIC COMPANY has merged with and become a part of the PACIFIC GAS & ELECTRIC COMPANY, and the said PACIFIC GAS & ELECTRIC COMPANY is now the owner and holder of said franchises; and, WHEREAS, the said PACIFIC GAS & ELECTRIC COMPANY now disputes the legality of the said franchises and the requirement that it pay 2% of the gross annual receipts from the sales of gas and electricity within the said city limits, and a controversy exists between the said City of Gilroy and the said Pacific Gas & Electric Company relative to the validity of said franchises; and, WHEREAS, the said PACIFIC GAS & ELECTRIC COMPANY has offered to pay to the city of Gilroy for the year 19~, the sum of $3163o~ on the gas franchise, and the sum of $4315.23 "'!"'" on the electricity franchise, without prejudice to the rights of said City tG challenge the sufficiency of the same, and upon the understanding that the acceptance of the said payments will not constitute a waiver of any of the rights of the City of Gilroy whatsoever as to the sufficiency of the payments, and that the City shall retain all rights which it would possess were it not to accept said payments. NCW J THEREFORE, BE IT RESOLVED: That the said City of Gilroy accept the said payments under the conditions which they have been offered, and that in such acceptance the City of Gilroy does not waive any rights whatsoever of any kind. PASSED and ADOPTED the 5th day of .December, 1955, by the following vote: AYES: NOES : ABSENT: Councilmen Rush, Pate ,Kennedy ,Petersen, Sanchez ( None) Councilman Gallo Mayor Attest: City Clerk