HomeMy Public PortalAboutResolution 06-44311
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RESOLUTION NO. 06 -4431
A RESOLUTION OF THE CITY COUNCIL OF TEMPLE CITY,
CALIFORNIA DECLARING ITS INTENTION TO GRANT TO GOLDEN
STATE WATER COMPANY A FRANCHISE TO USE OR 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, GOLDEN STATE WATER COMPANY, a California corporation, has filed with the
City Council of Temple City an application requesting that a franchise be granted to it of the character and
for the purposes mentioned in the form of notice set forth below; and
WHEREAS, in the opinion of the City Council the public good requires that the franchise be
granted.
NOW, THEREFORE, BE IT RESOLVED, that the City Council intends to grant the franchise, that
hearing of objections to the granting thereof will be held at the time and place specified in the form of
notice set forth below, which the City Clerk of this City is hereby directed to publish at least once in a
newspaper of general circulation in the City within fifteen (15) days after passage of the Resolution, and
that the notice shall be substantially as follows:
NOTICE OF INTENTION TO GRANT FRANCHISE
NOTICE IS HEREBY GIVEN that Golden State Water Company, a California corporation,
has filed its application with the City Council of Temple City requesting that the City Council grant
to it a franchise pursuant to Division 3, Chapter 2 of the Public Utilities Code of the State of
California (the "Franchise Act of 1937 "), from July 18, 2006 to July 17, 2021 to use and lay and
use pipes, ditches, flumes, conduits and appurtenances for transmitting and distributing water for
any all purposes in, along, across, upon and under the public streets, ways, alleys and places as
they now or may hereafter exist within the City of Temple City.
If the franchise is granted to it, Golden State Water Company and its successors and
assigns (hereinafter referred to as "Grantee ") for each full or fractional calendar year during the
life of the franchise will pay to the City annually, in lawful money of the United States, a sum
equivalent to two percent (2 %) of the gross annual receipts of the Grantee arising from the use,
operation or possession of the franchise; provided, however, that such payment shall in no event
be less than a sum equivalent to one percent (1%) of the gross annual receipts derived by
Grantee from the sale of water within the limits of the City. The percentage shall be paid annually
from the date of the granting of the franchise, and in the event that the payment is not made the
franchise will be forfeited.
The City Council of Temple City proposes to grant the franchise from July 18, 2006 to
July 17, 2021.
The franchise will terminate prior to the end of the initial term if (i) Grantee voluntarily
surrenders or abandons the franchise with the consent of the California Public Utilities
Commission, (ii) the State, the municipal or public corporation duly authorized by law purchases
by voluntary agreement or condemns and takes under the power of eminent domain all property
actually used and useful in the exercise of the franchise and located within its territorial limits, or
(iii) the franchise is forfeited for noncompliance with its terms by Grantee.
Any and all persons having any objections to the granting of the franchise may appear
before the City Council at 9701 Las Tunas, Temple City, California at 7:30 pm on the 18th day of
Resolution No. 06 -4431
Page 2
July 2006 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 the franchise, which protest must be signed by the protestant and be delivered to the City Clerk
of the City. The City Council at the time set for hearing the objections shall proceed to hear and
pass upon all protests so made.
The application by Golden State Water Company for the franchise and the resolution
adopted by the City Council on June 20, 2006 declaring its intention to grant the franchise is on
file in the office of the City Clerk.
PASSED, APPROVED AND ADOPTED on this 20th day of June, 2006.
MAY
ATTEST:
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City Clerk
I hereby certify that the foregoing resolution, Resolution No. 06 -4431, was duly passed, approved
and adopted by the City Council of the City of Temple City at a regular meeting held on the 20th day of
June, 2006 by the following vote:
AYES: Councilmember - Arrighi, Gillanders, Wong, Wilson, Capra
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
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