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RESOLUTION NO. 5963
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 PORTION 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 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, 1996 to
November 22, 2001 pursuant to Division 3, Chapter 2 of the Public Utilities Code
of the State of California (the 'Franchise Act of 1937'), to use or to lay and use
pipes, ditches, flumes, conduits and appurtenances for 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; provided, however, that such payment shall in no event be less than a
sum equivalent to one per cent (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, 1996 to November 22,2001 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 o'clock p.m. on the 7th day of January 1997, 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 which is on file
in the office of said City Clerk, and also to the resolution adopted by said City
Council on the 3rd day of December, 1996, declaring its intention to grant said
franchise.
DATED this 3rd day of December, 1996.
By order of the City Council of the City of Arcadia, California.o
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5963
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Passed approved and adopted this 3rd day of December, 1996.
//~
ATTEST:
Mayor of the City of Arcadia
/Pro Tem
J~
. Clerk of the ~f Arcadia
APPROVED AS TO FORM:
rJIIJ.! ~ JJJ~
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ARCADIA )
I, June Alford, City Clerk of the City of Arcadia, hereby certify that the foregoing
Resolution No. 5963 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 regular meeting of said Council
/Pro Tem
held on the 3rd day of December 1996, and that said Resolution was adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Councilmember Chang, Harbicht, Kovacic and Young
None
Councilmember Kuhn
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5963