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
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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.
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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
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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
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