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HomeMy WebLinkAbout6257 RESOLUTION NO. 6257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO GRANT TO SOUTHERN CALIFORNIA WATER COMPANY A FRANCHISE TO USE OR TO 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 SOUTHEASTERN AND EASTERN PORTIONS OF THE CITY OF ARCADIA WHEREAS, Southern California Water Company, a California corporation has filed with the City Council of the City of Arcadia 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 6257 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 shall be substantially in the following words and figures: "NOTICE OF INTENTION TO GRANT FRANCHISE" "NOTICE IS HEREBY GIVEN that Southern California 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, 2001 to November 22, 2011 pursuant to Division 3, Chapter 2 of the Public Utilities Code of the State of California (the 'Franchise Act of1937'), to use or to lay and use pipes, ditches, flumes, conduits and appurtenances. for purposed in, along, across, upon and under the public streets, ways, alleys and places as they now exist or may here-after exist within the City of Arcadia. If said franchise shall be granted to it, said Southern California 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; provided, however, that such payment shall in no ev~:nt 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, 2001 to November 22, 2011 or until with 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 or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the 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 terms by Grantee. Any and all persons having any objections to the granting of said franchise may appear before said City Council at Arcadia, California, at the hour of seven 0' clock p.m. on the 18th -2- 6257 day of September 2001, and be heard thereon; and at any time not later than the hour set for hearing objections, any person intf:rested 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 reference 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 21st day of August, 2001, declaring its intention to grant said franchise. DATED this 21st day of August, 2001. 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. ,Passed, approved and adopted this 21 st day of August, 2001. ATTEST: APPROVED AS TO FORM: ~ P ld-e~ City Attorney -3- 6257 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6257 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 21 st day of August, 2001 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chandler, Chang, Kovacic, Marshall and Segal NOES: None ABSENT: None ~ 4 6257