HomeMy Public PortalAboutResolution 85-2377RESOLUTION NO. 85 -2377'
A 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 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 BY THE COUNCIL OF THE CITY OF
TEMPLE CITY, 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 here-
inafter set forth, which the City Clerk of said City is hereby dir-
ected 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 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 application with
the City Council of the City of Temple City requesting that said
City Council grant to it a franchise for an indeterminate term
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 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.
"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 per-
centage 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 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 Califor-
nia 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 prop-
erty 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 condeming such property, or
RESOLUTION NO. 85 -2377, Page 2
until such franchise is forfeited for noncompliance with its terms
by Grantee. Any and all persons having any objections to the grant -
ing of said franchise may appear before said City Council at
5938 North Kauffman, Temple City, California at the hour of 7:30
o'clock P.M. on the 20th day of August, 1985, 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 16th
day of July, 1985, declaring its intention to grant said franchise."
SECTION 2. The City Clerk shall certify to the adoption of
this Resolution.
ATTEST:
Chief
APPROVED AND ADOPTED this 16th day of July, 1985.
puty City
e i
I hereby certify that the foregoing Resolution, Resolution No.
85 -2377, was duly adopted by the City Council of the City of Temple
City at a regular meeting held on the 16th day of July, 1985, by the
following vote:
AYES: Councilmembers- Atkins, Gillanders, Swain, Tyrell, Dennis
NOES: Councilmembers -None
ABSENT: Councilmembers -None
Chief' D uty City
erk