Loading...
HomeMy WebLinkAbout1978 RESOLUTION OF INTENTIOTI NO. 1978. A RESOLu~ION OF THE CITY COmjCIL OF THE CITY OF ARCADIA, DECLARING ITS INTENTION TO GRANT A FRAN- CHISE TO MAINTAIN A WATER SYSTEM AND !l.PPURTEN- ANCES TH~RETO WITHIN A PORTION OF SAID CITY OF ARCADIA, CALIFORNIA. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES RESOLVE AS FOLLOVIS: WHEREAS, Southern California Water Company, a Califor- nia utility corporation, has filed with the Council of the City / of Arcadia an application requesting that a franchise be~ranted to it of the character and for the purposes mentioned in the form of notice hereinafter set forth; and VffiEREAS, in the opinion of said Council the public good requires that said franchise be granted; NOW, THEREFORE, BE IT RESOLVED that the said City Council intends to g rant said franchise pursuant to the notice hereinafter set forth, which the Clerk of said City is hereby directed to publish at least once a week for four successive weeks in the Arcadia Bulletin, a weekly newspaper of general circulation with- in said City, the full publication to be completed in not less than twenty, nor more than thirty, days prior to the date of hear- ing in such notice set forth, and that said notice shall be in the following words and figures: "NOTICE OF SAIE OF FRA.NCHISE NOTICE IS HEREBY GIVEN that an application has been made by Southern California Water Company to the City Council of the City of Arcadia, State of California, for a franchise for a term of forty (40) years, granting the right to lay, construct, maintain and operate a water pipe line, distribution and transmission system 1. fi}-~Q \~Q consisting of water mains, distribution and transmission pipes and service pipes, to gether with traps, manholes and other neces- sary or proper appurtenances or appliances, for the purpose of transporting and distributing water for domestic, irrigation, co~~ercial, industrial, fire prevention and fire fighting, or other purposes, in, under, along and across any and all of the public s treets ~nd thoroughfares now or her.eafter existing during the term of said franchise in that portion of said City of Arcadia described as Beginning at the northwest corner of Tract No. 16091, recorded in Book 358 at pages 1, 2, and 3, of Map Records of Los Angeles County, thence in an easterly direction along the northerly line of said Tract No. 16091 and its easterlypr.ol:0nga,;tion to its intersection with the easter- ly boundary line of the City of Arcadia, thence in a southwesterly direction along the easterly boundary of the City of Arcadia to its intersection with the easterly boundary line of a 135 foot easement of the Los Angeles County Flood Control District (which is also the easterly boundary line of Santa Anita Wash), thence in a north- westerly direction along the easterly boundary line of the 135 foot easement of the Los Angeles County Flood Control District to the point of beginning; and that it is proposed by said City Council to offer for sale and grant said franchise to the highest bidder upon the terms and con- ditions hereinafter mentioned. The Grantee of the aforesaid franchise, or its successors or assigns, shall, during the term for which the same is granted, pay to said City of Arcadia two per cent (2%) of its or their. gross annual receipts arising from the use, operation or possession thereof; provided, however, that if said franchise is not a renewal 2. of a right already in existence, no percentage of such gross receipts shall be paid for the first five years succeeding the effective date of the ordinance granting said franchise, but there- after such percentage shall be payable annually. Within thirty (30) days after the expiration of each year of the term of said franchise with respect to which such two per cent (2%) of gross annual receipts is payable, the Grantee of said franchise, or its successors or assigns, shall file with the Clerk of said City of Arcadia a verified statement showing the gross annual receipts arising from the use, operation and possession of said franchise during the preceding twelve (12) months and within each such thirty (30) day period shall pay to the Treasurer of said City two per cent (2%) of said gross annual receipts for said preceding twelve (12) months, and in the event that any such payment is not so made said franchise shall be forfeited. The owner of said franchise during the term thereof shall diligently maintain and extend its said system in good faith so as, pursuant to its rules and regulations and the regulatory jurisdiction of the Public utilities Commission of the State of California, to meet and fill the reasonable needs of said City and its inhabitants for the service of water where requested within the area covered by said franchise. All such pipe lines, mains, traps, manholes or other ap- purtenances or appliances constructed or placed in the public streets or thoroughfares shall be originally located in such place as shall be designated by or under the supervision of the City Engineer of said City of Arcadia. In the event that the improve- ment of any such street or thoroughfare makes necessary the reloca- tion or change of grade of such pipe line, main, appurtenance or appliance, the same shall be relocated at the expense of the Ol"ffier of the franchise. 3. , Said franchise shall not be exclusive. The grantee of said franchise, or its successors or assigns, shall at all times during the term of said franchise keep on file with the Clerk of the City of Arcadia a bond in full force and effect running to s aid City in the penal sum of $1,000, in form satisfactory to the City Council of said City, with a corporate surety, conditioned that said grantee, or its successors or assigns, shallv.ell and duly observe and faithfully perform each and every term and condition of said franchise and in the event a breach is made of any such term or condition, the whole amount of said bond shall be forfeited to s aid City. The owner of said franchise shall have the right to main- tain, repair, and replace any and all such pipes, mains, traps, manholes and other appurten~~ces or appliances as may be necessary or proper from time to time. Such owner, at its own cost and expense, immediately upon laying, replacing or repairing any such pipes, mains, appurtenances or appliances, shall place the streets or thoroughfares, or so much thereof as may be damaged thereby, in as good order and condition as they were before being disturbed or excavated for the purpose of such laying, replacing or repairing. NOTICE IS HEREBY GIVEN that sealed bids in writing for said franchise will be received at the office of the City Clerk of the City of Arcadia at the City Hall, Arcadia, California, up to 8:00 O'clock P.M. on the 7th day of March, 1950, and at that time or as soon thereafter as the matter can be heard, the bids so received will be opened at a meeting of the said City Council in its Council Chmnbers at said City Hall. All bids must be for the payment of a stated sum in lawful money of the United States. The franchise will, at said meeting, be struck off, sold and awarded to the person, firm, or corporation who shall make the 4. highest cash bid therefor, provided only that at the time of the opening of said bids any responsible person, firm or corporation, present or represented, may bid for said franchise a sum not less than ten per cent (10%) above the highest sealed bid therefor, and said bid so made may be raised not less than ten per cent (10%) by any other responsible bidder, and said bidding may so continue until finally said franchise shall be struck off, sold and awarded by said City Council to the highest bidder therefor in lawful money of the United states, provided, further, that said City Council may, in its discretion, reject all bids received for said franchise. Each sealed bid must be accompanied with cash or a certi- fied check payable to the Treasurer of the City of Arcadia, for the full amount of said bid, and no sealed bid will be considered unless said cash or check is enclosed therewith; and the success- ful bidder shall deposit at least ten per cent (10%) of the amount of his bid with the Clerk of said City before said franchise shall be struck off to him, and if he shall fail to make such deposit im- mediately, his bid shall not be received, and shall be considered as void, and said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid there- for, subject to the same conditions as to deposit as above men- tioned. Said procedure shall be had until said franchise is struck off, sold and awarded to a bidder WI10 shall make the neces- sary deposit of at least ten per cent (10%) of the amount of his bid as herein provided. Said successful bidder shall deposit with said City Clerk withinuventy-four (24) hours after the ac- ceptance of his bid the remaining ninety per cent (90%) of the amount thereof, and in case' he or it fails to do so, then the deposit theretofore made ~hall be forfeited and the award of said franchise shall be void, and said franchise shall then and there 5. ~ by said City Council be again offered for sale to the highest bidder therefor, in the same manner and under the same restrictions as hereinbefore provided, and in case said bidder shall fail to deposit with the Clerk of said City the remaining ninety per cent (90%) of his bid within twenty-four (24) hours after its acceptance, the award to him of said franchise shall be set aside, and the deposit theretofore made by him shall be forfeited, and no further proceed- ings for the sale of said franchise shall be had until the s~~e shall be re-advertised for sale in the manner hereinbefore provided. NOTICE IS ALSO HEREBY GIVEN that the successful bidder for said franchise shall within five (5) days after said franchise is awarded to him, file with the City Clerk the aforesaid bond, to be approved by said City Council. If said bond is not so filed, the award of s aid franchise shall be set aside, and the money, paid therefor will be forfeited. Dated this 17th day of January, 1950. /r/7 City Clerk of the City of Arcadi California.!! The foregoing Resolution waa duly passed and adopted by the Council of the City of Arcadia, at a'r'egular meeting of the said Council held on the 17th day of January, 1950, by the following vote: AYES: Councilmen Klomp, Libby, Nugent and Russell NOES: None ABSENT : co~ 'ou,he. . -L/ a/. ATTEST: Mayor of the K:;t~-- ~q (PUb1~'S~:NotiCeJanUar;~, 28; City of Arcadia, California. City Clerk of the City of Arcadia, California. February 4, 11, 1950). .:.. :P ~ c,. ~ :;:-..;.