HomeMy WebLinkAboutResolution - 4033Resolution No. 4033
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STATE OF CALIFORNIA ) RESOLUTION NO. 4033
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA DECLARING ITS INTENT TO
GRANT A FRANCHISE TO SOUTHERN CALIFORNIA
EDISON COMPANY TO USE AND CONSTRUCT AND USE
FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY
FOR ANY AND ALL PURPOSES, POLES, WIRES,
CONDUITS, AND APPURTENANCES, INCLUDING
COMMUNICATION CONDUITS NECESSARY OR PROPER
THEREFOR, IN, ALONG, ACROSS, UPON, OVER, AND
UNDER THE PUBLIC STREETS, WAYS, AND ALLEYS,
WITHIN THE CITY OF SAN JACINTO
WHEREAS, Public Utilities Code section 6201 et seq. authorizes the City Council
to grant an electric utility a franchise to use and to construct and use, for transmitting and
distributing electricity for any and all purposes, poles, wires, conduits, and appurtenances,
necessary or proper therefor, in, along, across, upon, over, and under the public streets,
ways, and alleys within a city; and
WHEREAS, on April 18, 2002, the City Council adopted Ordinance No. 1096-02-
03 granting a franchise to Southern California Edison Company (“SCE”), a California
corporation and public utility, for a term of twenty (20) years for such use and purposes
for transmitting and distributing electricity in City streets;
WHEREAS, the franchise expired on May 18, 2022;
WHEREAS, on May 3, 2022, the City Council adopted Ordinance No. 22 -05
extending SCE’s franchise for one (1) year expiring on May 18, 2023;
WHEREAS, on May 16, 2023, the City Council adopted Ordinance No. 23 -05
further extending SCE’s franchise for one (1) year expiring on May 18, 2024; and
WHEREAS, SCE has indicated its interest in renewing its franchise, and if granted
the franchise, will pay to the City of San Jacinto during the life of such franchise, a sum
which is equivalent to two percent (2%) of SCE’s gross annual receipts arising from the
use, operation, or possession of this franchise; provided, however, that such payment
shall in no event be less than one percent (1%) of SCE’s gross annual receipts derived
from the sale of electricity within the limits of the City; and further that in the event the
California Legislature amends the Franchise Act of 1937 to permit a franchise payment
greater than the percentage formula specified herein, the franchise fee agreed paid by
SCE shall be automatically changed to the level expressed by t he Legislature.
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Resolution No. 4033
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Jacinto, California, as follows:
Section 1. Pursuant to Public Utilities Code section 6232, the City Council of the
City of San Jacinto does hereby declare its intention to grant to SCE a franchise of twenty
(20) years to use and to construct and use, for transmitting and distributing electricity for
any and all purposes, poles, wires, conduits, and appurtenances, necessary or proper
therefor, in, along, across, upon, over, and under the public streets, ways, and alleys
within the City.
Section 2. The City Council will consider granting the franchise to SCE at a public
hearing during the City Council’s regularly scheduled meeting to be held on July 2, 2024,
at the hour of 6:30 p.m. at the San Jacinto Community Center, 625 S. Pico Avenue, San
Jacinto, CA 92583, whereby all persons having any objection to the granting of the
franchise hereinabove described may appear before the City Council and be heard
thereon.
Section 3. The City Council hereby directs the City Clerk to publish a notice at
least once within fifteen (15) days after the adoption of this Resolution, in a newspaper of
general circulation within the City of San Jacinto, in the words and figures as follows:
"NOTICE OF INTENTION TO GRANT ELECTRIC FRANCHISE"
TO WHOM IT MAY CONCERN:
Notice is hereby given by the City Council of the City of San Jacinto 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 California Edison
Company, a California corporation and public utility, a franchise to use and to construct
and use, for transmitting and distributing electricity for any and all purposes, poles, wires,
conduits, and appurtenances, necessary or proper therefor, in, along, across, upon, over,
and under the public streets, ways, and alleys within the City, as the same now or may
hereafter exist within the City of San Jacinto. The City Council will consider granting the
franchise at a public hearing during the City Council’s regularly scheduled meeting to be
held on July 2, 2024, at the hour of 6:30 p.m. at the San Jacinto Community Center, 625
S. Pico Avenue, San Jacinto, CA 92583, 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 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 said
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 twenty (20) years.
The grantee of said franchise, and its successors and assigns, will, during the life
of said franchise, pay to the City of San Jacinto a sum which is equivalent to two percent
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Resolution No. 4033
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(2%) of grantee’s gross annual receipts arising from the use, operation, or possession of
this franchise; provided, however, that such payment shall in no event be less than one
percent (1%) of grantee’s gross annual receipts derived from the sale of electricity within
the limits of the City; and further that in the event the California Legislature amends the
Franchise Act of 1937 to permit a franchise payment greater than the percentage formula
specified herein, the franchise fee shall be automatically changed to the level expressed
by the Legislature. 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.
PASSED, APPROVED, and ADOPTED this 4th day of June 2024 by the following vote:
AYES: Ruiz, Vandever, Ledezma, Ayala
NAYS: None
ABSENT: Hawkins
ABSTAIN: None
CITY OF SAN JACINTO:
_____________________________
Phil Ayala, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Craig Hayes, City Attorney
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Resolution No. 4033
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, hereby certify that at a regular
meeting of the City Council duly held on June 4, 2024, the foregoing resolution was
adopted by the following vote:
AYES: Ruiz, Vandever, Ledezma, Ayala
NAYS: None
ABSENT: Hawkins
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 4th day of June 2024.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto
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