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Home My WebLink About5618 ... '.; page 1 RESOLUTION NO. 5618 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 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, in the opinion of said city Council the public good requires that said franchise be granted; NOW, THEREFORE, BE IT RESOLVED, 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 the resolution 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 J 5618 .. page 2 franchise from Novpmbpr 22.1991 to November 22. 1996 pursuant to the City of Arcadia Charter, Article XIII, Franchises, Section 1300 through 1303, to use or to lay and use pipes, ditches, flumes, 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 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 per cent (2%) of the gross annual receipts of said Grantee arising from the use, operation or possession of said franchise. 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. liThe City Council of the City of Arcadia proposes to grant said franchise from November 22, 1991 to November 22, 1996 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 7:30 o'clock p.m. on the 8th day of October , 1991, 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 reference is hereby made to said application whi.ch is on file in the office of said City Clerk, and also to the resolution adopted by said City Council on the 17th day of September , 1991, declaring its intention to grant said franchise. 5618 Passed, approved and adopted this 17th day of september, 1990. ./~~c-// Mayor of the City of Arcadia /Pro Tem ATTEST: J of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5618 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor Pro Tem and attested to by the City Clerk at a regular meeting of said Council held on the 17th day of September, 1991 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Ciraulo, Fasching, Young and Harbicht NOES: None ABSENT: Councilmember Gilb J Arcadia erk 5618 APPLICATION FOR FRANCHISE August 28, 1991 San Dimas, California CITY OF ARCADIA STATE OF CALIFORNIA and its City council Gentlemen: SOUTHERN CALIFORNIA WATER COMPANY, a California corporation, as Applicant, hereby applies for a franchise pursuant to the City of Arcadia Charter, Article XIII, Franchises, Section 1300 through Section 1303, and avers as follows: (1) Applicant's name and address is: Southern California Water Company 630 East Foothill Blvd. San Dimas, CA 91773-9016 (2) The purpose of said franchise shall be to use or to lay and use pipes, ditches, flumes, 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 as they now exist or may hereafter exist within the City of Arcadia. (3) The term of the franchise so requested shall begin on November 22. 1991 and expire on November 22, 1996. That is to say this franchise shall endure in full force and effect until, with the consent of the Public Utilities Commission of the State of California it is voluntarily surrendered or abandoned by the Applicant, or until the State or some municipal or public 5618 APPLICATION FOR FRANCHISE page 2 corporation hereunto 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 may be forfeited for noncompliance with its terms by Applicant. (4) If said franchise shall be granted to it, Applicant will pay to the City for each full or fractional calendar year during the life thereof, in lawful money of the united States, a sum annually equivalent to two per cent (2%) of the gross annual receipts of Applicant arising from the use, operation or possession of said franchise. We request that said franchise be granted by ordinance in the form whiCh accompanies the form of resolution which we have prepared and submit herewith for your use, should you elect to use the same. very truly yours, SOUTHERN CALIFORNIA WATER COMPANY 561B