HomeMy Public PortalAboutResolution 69-943RESOLUTION NO. 69 -943
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, DECLARING ITS INTENTION
TO GRANT TO SOUTHERN CALIFORNIA WATER COMPANY A
FRANCHISE 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 WITHIN THE CITY OF TEMPLE
CITY.
WHEREAS, SOUTHERN CALIFORNIA WATER COMPANY, a
California corporation, has filed with the City Council of
the City of Temple City an application requesting that a
franchise be granted to it of the character and for the pur-
pose 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 speci-
fied in the form of notice hereinafter set forth, which the City
Clerk of said City is hereby directed to publish at least once
in Temple City Times, a newspaper of general circulation of said
City, within fifteen (15) days after the passage of this Resolu-
tion, and that said notice shall be substantially in the follow-
ing words and figures:
NOTICE OF INTENTION TO GRANT FRANCHISE
NOTICE IS HEREBY GIVEN that Southern California Water
Company, a California corporation, has filed its appli-
cation with the City Council of the City of Temple City
requesting that said City Council grant to it a franchise
for a fifteen year period, pursuant to Division 3, Chap-
ter 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 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 Temple City, within that
certain territory as indicated on the map attached hereto,
marked Exhibit "A ".
Resolution No. 69 -943 - Page 2
If said franchise shall be granted to it, said Southern
California. Water Company, its successors and assigns,
hereinafter designated 'Grantee', for each full or frac-
tional 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; pro-
vided, 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 percent-
age shall be paid annually from the date of the granting
of the franchise applied for, and in the event suchpay-
ment shall not be made said franchise shall be forfeited.
The City Council of the City of Temple City proposes to
grant said franchise for a fifteen year period, 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 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 5938 N.
Kauffman Avenue, Temple City, California at the hour of
7:30 o'clock P.M. on the 7th day of October, 1969, 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 2nd day of September, 1969, declaring its
intention to grant said franchise.'
The City Clerk shall certify to the adoption of this
Resolution.
APPROVED AND ADOPTED this 2nd day of September, 1969.
Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the City Council of the City of Temple City at a
regular meeting held on the 2nd day of September, 1969,
by the following vote of the Council:
AYES: Councilmen- Beckley, Briggs, Merritt, Tyrell, Harker
NOES: Councilmen -None
ABSENT: Councilmen -None