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File #: 24-0662    Name: Public Hearing and First Reading of Proposed Ordinance Granting a Franchise to Toro Energy of California, LLC
In control: Public Works & Planning
On agenda: 10/22/2024 Final action:
Enactment date: Enactment #:
Title: 1. Conduct public protest hearing, as required by Public Utilities Code section 6234, for the Board of Supervisors ("Board") to receive, hear, and pass upon any timely written protests, including any timely written objections, made by any interested person against the Board granting a franchise, up to 25 years, on a non-exclusive basis (the "non-exclusive franchise"), by ordinance, to Toro Energy of California AA, LLC, (also referred to as Toro Energy), upon annual payment of a franchise fee to the County, to construct, maintain and use pipes and appurtenances for transmitting derived gas from Toro Energy's landfill-gas-to-energy project ("LFGTE Project") at the County's American Avenue Disposal Site ("AADS") for any and all purposes, as allowed by a County-approved conditional use permit and/or road permit condition, from the LFGTE Project at the AADS at 18950 W. American Avenue, Kerman, in, along, across, upon, and under the following public streets and highways within the unincorpor...
Attachments: 1. Agenda Item, 2. Ordinance, 3. On file with Clerk - Ordinance Summary, 4. Attachment 1 - Location Map, 5. Attachment A - Future LFGTE Project 25-year Estimated Cash Flow
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DATE: October 22, 2024

TO: Board of Supervisors

SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning

SUBJECT: Public Protest Hearing and First Reading of Proposed Ordinance Granting a Franchise to Toro Energy of California AA, LLC

RECOMMENDED ACTION(S):
TITLE
1. Conduct public protest hearing, as required by Public Utilities Code section 6234, for the Board of Supervisors ("Board") to receive, hear, and pass upon any timely written protests, including any timely written objections, made by any interested person against the Board granting a franchise, up to 25 years, on a non-exclusive basis (the "non-exclusive franchise"), by ordinance, to Toro Energy of California AA, LLC, (also referred to as Toro Energy), upon annual payment of a franchise fee to the County, to construct, maintain and use pipes and appurtenances for transmitting derived gas from Toro Energy's landfill-gas-to-energy project ("LFGTE Project") at the County's American Avenue Disposal Site ("AADS") for any and all purposes, as allowed by a County-approved conditional use permit and/or road permit condition, from the LFGTE Project at the AADS at 18950 W. American Avenue, Kerman, in, along, across, upon, and under the following public streets and highways within the unincorporated area of Fresno County: from the County's AADS, eastward on W. American Avenue for approximately 4 miles, and then southward on S. Madera Avenue for approximately 4 miles, to a PG&E connection location approximately a half of a mile north of W. Manning Avenue, just east of S. Madera Avenue/SR 145, Kerman.

2. After conducting and closing the public protest hearing, do the following, as determined by the Board:
a. Determine that no timely written protests, including timely written objections, have been made against the Board granting of the non-exclusive franchise to Toro Energy, and the Board may proceed to act on recommended action 3; or
b. Determine that one or more timely written protests,...

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