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HomeMy WebLinkAbout6794 RESOLUTION NO. 6794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO GRANT TO GOLDEN STATE WATER COMPANY A FRANCHISE TO USE OR LAY AND USE PIPES, CONDUITS AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF ARCADIA (PER ARTICLE XIII OF THE ARCADIA CITY CHARTER) WHEREAS, Golden State water Company, a California corporation (formerly known as Southern California Water Company), has filed with the City Council of the City of Arcadia an application requesting that a franchise be granted to it of the character and for the purpose mentioned in the form of notice hereinafter set forth; and WHEREAS, City Charter Section 1303 requires a hearing to consider the proposed franchise. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That said City 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, which the City Clerk of said City is hereby directed to publish at least once in a newspaper of general circulation in said City, within fifteen (15) days after the passage of this Resolution, and that said notice be substantially in the following words and figures: "NOTICE OF INTENTION TO GRANT FRANCHISE" "NOTICE IS HEREBY GIVEN that Golden State Water Company, a California corporation, has filed its application with the City Council of the City of Arcadia requesting that said City Council grant to it a franchise from November 23, 2011 to November 22, 2021 pursuant to Article XIII of the Arcadia City Charter, to use or to lay 1 and use pipes, ditches, flumes, conduits and appurtenances for purposed in, along, across, upon, and under the public streets, ways, alleys and places as the now exist or may here-after exist within the City of Arcadia. If said franchise shall be granted to it, Golden State Water Company, its successors and assigns, hereinafter designated `Grantee,' for each full or fractional calendar year during the life of said franchise will pay to said City, in lawful money of the United States, a sum equivalent to two percent (2%) of the gross annual receipts of said Grantee arising from the use, operation, or possession of said franchise; provide, however, that such payment shall in no event be less than a sum equivalent to one percent (1%) of the gross annual receipts derived by Grantee from the sale of water within the limits of said City. Such percentage shall be paid annually from the date of the granting of the franchise applied for, and in the event such payment shall not be made said franchise shall be forfeited. The City Council of the City of Arcadia, California, proposes to grant said franchise from November 23, 2011 to November 22, 2021 or until the consent of the Public Utilities Commission of the State of California it is voluntarily surrendered or abandoned by the Grantee, or until the State of some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under power of eminent domain all property actually used and useful in the exercise of such franchise and situate within the territorial limits of the State, municipal, or public corporation purchasing or condemning such property, or until such franchise is forfeited for noncompliance with its terns by the Grantee. Any and all persons having objections to the granting of said franchise may appear before said City Council at Arcadia, California, beginning at seven o'clock p.m. on the 4th day of October 2011, and be heard thereon; and at any time not later than the hour set for hearing objections, any person interested may make written protest stating objections against the granting of said franchise, which protest must be signed by the protestant and be delivered to the City Clerk of said City. The City Council at the time set for hearing said objections shall proceed to hear and pass upon all protests so made. For further particulars referenced is hereby made to said application which is on file in the office of said City Clerk, and also to the resolution adopted by said City Council on the 6th day of September, 2011, declaring its intention to grant said franchise. Dated this 6th day of September, 2011 By order of the City Council of the City of Arcadia, California." SECTION 2. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed approved and adopted this 6th day of September , 2011. MI or of tie City of Arcadia ATTEST: ity Clerk APPROVED AS TO FORM: Stfiak, / . Stephen P. Deitsch City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6794 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 6th day of September, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Amundson, Chandler, Segal and Kovacic NOES: None ABSENT: Council Member Harbicht ity Clerk of the City of Arcadia 4