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Resolution 423 .115:01 RESOLUTION NO.423 RESOLUTION OF INTENTION TO GRANT GAS FRANCHISE WHEREAS Pacific Gas and Electric Company,a California utility cor- poration,has filed wihh the Common Council of the City of Gilroy an application requesting that a franchise be granted to it of the char- acter and for the purposes mentioned in the form of notice hereinafter set forth;and WHEREAS in the opinion of said Council the public good requires that said franchise be granted; NOW,THEREFOHE,BE IT RESOLVED that said Common Council intends to grant said franchise,that hearing of objections to the granting thereof will be held at the time and place specified in the form of notice hereinafter set forth\l\[hich the Clerk of said City is hereby directed to publish at least once within fifteen days after the passage of the resolution in Gilroy Evening Dispatch';ia newspaper of general circulation within said City, and that said notice shall be in the following words and figures: "NOTICE OF INTENTION TO GRANT FRANCHISE NOTICE IS HEREBY GIVEN that Pacific Gas and Electric Company,a California Utility corporation,has filed its application with the Common Council of the City of Gilroy requesting said Council to grant it a franchise for an infeter- minate period,under the Franchise Act of 1937,to inttall,maintain and use pipes and appurtenances under, along, across and upon the public streets and places within said City for transmitting and distributing gas to the public for any and all purposes. If said franchise shall be granted to it,said Pacific Gas and Electric Company,its successors and assigns, hereinafter designated grantee, shall during the period commencing on the effective date of said franchise and terminating on June l7,1972,pay to said City two per cent of the gross annual receipts of grantee derived from the sale of gas within the limits of the city. Thereafter said grantee shall during the life of said franchise pay to the said City two per cent 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 thanon per cent of the ~ross annual receipts derived by grantee from the sale of gas within the limits of said City. . All franchise payments will be paid annually from the date of the granting of the franchise applied for an in the event any such payment shall not be mqde said franchise shall be forfeited. Said Common Council proposes to grant said franchise for an indeterminate period. NOTICE' IS HEREBY FURTHER GIVEN that any an all persons having any objections to the granting of said franchise may appear before said Council at the City Hall ~, said City at the hour of 8:00 p.m.on Monda),the 13th day of M~,1957,and be heard thereon;and NOTICE IS HEREBY FURTHER GIVEN .that at any time not later than the hour so set for hearing opject$ons any person interested may make written protest stating objections against the granting of said franchise which propest must be signed by the~ protestant and delivered to the City Clerk of said City, and the 60uncil shall at the time set for hearing said objections proceed to hear and pass upon all protests so made. For further particulars reference is hereby made to said application filed as aforesaid in the office of said Council, and also to the resolution adopted on the 15th day of April,1957, declaring its intention to grant said franchise. Dated:April 16,1957. By order of the Common Council of the City of Gilroy. Clerk of of Gilroy The foregoing resolution was du11 passed. and adopted by the Common Council of the City of Gilroy at a regular adjourned meeting of the said Common CODncil held on the 15th day of April,1957,by the following vote: AYES: NAYS: ABSENT: Councilmen Pate,Sanchez,Gallo~Petersen,Rush,Wentworth Councilmen None Councilmen None 1822 A TTESTJ . Clerk o~~~ .~W of ~ (!.~~ Mayo of the City of Gilroy Gilroy