08-39 RESOLUTION NO. 08-39
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MENIFEE DECLARING ITS INTENT
TO ADOPT AN ORDINANCE GRANTING SOUTHERN
CALIFORNIA GAS COMPANY, ITS SUCCESSORS
AND ASSIGNS, THE RIGHT, PRIVILEGE AND
FRANCHISE TO LAY AND USE PIPES AND
APPURTENANCES WITHIN THE CITY'S PUBLIC
WAYS, ALLEYS AND PLACES FOR THE PURPOSE
OF TRANSMITTING AND DISTRIBUTING NATURAL
GAS FOR ANY AND ALL PURPOSES WITHIN THE
CITY OF MENIFEE
Whereas, the City of Menifee incorporated on October 1, 2008; and
Whereas, Southern California Gas Company (hereafter "SoCal Gas") is a public utility
engaged in the business in acquiring, transmitting and distributing natural gas for all purposes to
consumers in various municipalities and communities in its service area, including consumers
owning residential and commercial properties in the City of Menifee (hereafter "City"), pursuant
to a franchise heretofore granted to SoCal Gas by prior ordinance of the County of Riverside;
and
Whereas, such franchise transferred to Menifee upon incorporation pursuant to the
Terms and Conditions of Incorporation adopted by LAFCO; and
Whereas, by reason of the incorporation and transfer of the franchise, SoCal Gas has
requested City to adopt and extend its own franchise so that it can continue to lay and use pipes
and appurtenances along, across, or under the City's public streets, ways, alleys, and places,
as may be necessary to continue to provide natural gas to all of its customers located within the
City;
Whereas, in response to the request of SoCal Gas, representatives of the City and
SoCal Gas have come to agreement in regard to the terms and conditions of a franchise that
would meet the related needs of both SoCal Gas and the City:
Whereas, by reason of the foregoing, the City Council now declares its intent to consider
adoption of a proposed ordinance granting its own franchise to SoCal Gas for an indeterminate
term in the manner provided for by the State Public Utilities Code, and all other state and federal
laws and regulations applicable thereto after considering the matter at a public hearing; and,
Whereas, the proposed ordinance granting the franchise to SoCal Gas is on file in the
office of the City Clerk and available for public review.
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as
follows:
1. That public hearing before this Council on the proposed ordinance granting a
renewed and extended franchise to SoCal Gas is hereby set for November 18, commencing
at 7:00 P.M., or as soon thereafter as the matter may be heard, at the City Council meeting
Resolution 08-39
Page 2
located at 28701 La Piedra Rd., Menifee, CA 92584, at which time and place, the City Council
will hear and consider public comments and/or objections to the adoption of the proposed
ordinance granting a franchise to SoCal Gas.
2. That the City Clerk is hereby directed to cause a copy of this resolution of
intention to be published once in the official newspaper within 15 days of the passage of this
resolution.
Passed and adopted on this 21St day of October, 2008 by the following vote:
NOES: koloj") 0
ABSTENTy,UI"J
ABSTAI"*�
Wallace W. Edgerton, Mayor
Attest:
Kathy Bennett, City Clerk
Approved as to form:
Elizabeth Marlyn, City Attorney