CC - 1962 - 31 - Intention to Grant Water FranchiseRESOLUTION NO. 62-3/
A RESOLUTION,QF,THE CITY COUNCIL OF THE CITY
OF ROSEMEAD DECLARING ITS INTENTION TO GRANT
THE WATER FRANCHISE APPLIED FOR BY CALIFORNIA
WATER;, AND TELEPHONE COMPANY UNDER DIVISION 3,
CHAPTER.2 OF THE PUBLIC UTILITIES CODE OF THE
STATE OF CALIFORNIA; KNOWN AS THE FRANCHISE
ACT OF 1937.
WHEREAS,.this City Council has received from California
Water and Telephone Company, a corporation organized and exist-
ing under and by virtue of the laws of the State of California,
and engaged as a public utility corporation in transmitting and
distributing water for all purposes under and pursuant to the
provisions of Division 3, Chapter 2 of the Public Utilities Code
of the State of California, for a franchise, which said application
states, in compliance with the provisions of Section 6231 thereof,
that the purpose for which the franchise therein applied for is
desired is to lay and use pipes and appurtenances for transmitting
and distributing water for any and all purposes under, along,
across or upon the public streets, ways, alleys and places, as
the same now or may hereafter exist within the City of Rosemead;
and that the term for which the franchise therein applied for is
indeterminate, as defined in Section 6264 of the Public Utilities
Code of the State of California; and
WHEREAS, said application further states that the
applicant, if granted the franchise therein applied for, will pay
to the City of Rosemead, during the life of such franchise, two
per cent (2%) of the gross annual receipts of applicant arising
from the use, operation or possession of said franchise; provided,
however, that such payment shall in no event be less than one
per cent (1%) of the gross annual receipts of applicant derived
from the sale of water within the limits of the City of Rosemead
under said water franchise.
NOW, THEREFORE, BE IT RESOLVED that this City Council,
under and pursuant to the provisions of Section 6232 of the
Public Utilities Code of the State of California, does hereby
declare its intention to grant to California Water and Telephone
Company the franchise so applied for; and Tuesday, the 12th day
of June, 1962, at 8:00 o'clock P.M., at the place where this
City Council usually meets, to wit, 8815 East Valley Boulevard,
Rosemead, California, is hereby fixed as the day, hour and place
when and where all persons having any objection to the granting
of such franchise may appear before this City Council and be
heard thereon, (the time so fixed for such hearing being not
less than twenty (20) nor more than sixty (60) days after the
date of the passage of this resolution; and
BE IT FURTHER RESOLVED, that the Clerk of this City
Council is hereby directed to publish a notice at least once
within fifteen (15) days after the passage of this resolution,
in a newspaper of general circulation within this City of Rose-
mead, to wit, in the Rosemead Review, in the words and figures
as follows, to wit:
"NOTICE OF INTENTION TO GRANT
WATER FRANCHISE.
TO WHOM IT MAY CONCERN:
Notice is hereby given by the City Council of
the City of Rosemead, that it intends to grant,
under and pursuant to Division 3, Chapter 2 of the
Public Utilities Code of the State of California,
known as the Franchise Act of 1937, to California
Water and Telephone Company, a corporation, a
franchise to lay and use pipes and appurtenances
for transmitting and distributing water for any
and all purposes under, along, across or upon the
public streets, ways, alleys or places, as the
same now or may hereafter exist within the City of
Rosemead; and that Tuesday; the 12th day of June,
1962, at 8:00 o'clock P.M.,; at the place where this
City Council usually meets, to wit, 8815 East Valley
Boulevard, Rosemead, California, is hereby fixed as
the day, hour and place when and where any and all
persons having any objection to the granting of said
franchise may appear before this City Council and
be heard thereon. At any time not later than the
hour so set for the hearing of objections, any
person interested may make written protest, stating
objections against the granting of such franchise.
Such protest must be signed by the protestant and
be delivered to the Clerk of this City Council.
i
The term for which said franchise is proposed
to be granted is indeterminate, as defined in
Section 6264 of the Public Utilities Code of the
State of California.
The grantee of said franchise, and its success-
ors and assigns, will during the life of said
franchise, pay to the City of Rosemead two per
cent (2%) of the gross annual receipts of the
grantee and its successors and assigns arising from
the use, operation or possession of said franchise;
provided, however, that such payment shall in no
event be less than one per cent (1%) of the gross
annual receipts of the grantee, its successors and
assigns, derived from the sale of water within the
limits of the City of Rosemead under said water
franchise. Said percentage will be paid annually
from the date of the granting of said franchise,
and in the event such payment shall not be made,
said franchise will be forfeited.
Dated: May 8, 1962.
/s/ MILTON R. FARRELL
Clerk of City Counci of t e
City of Rosemead"
BE IT FURTHER RESOLVED that the grantee of such
franchise shall within five (0 days after the granting of the
franchise, file a bond running to the City of Rosemead, issued
by a corporate surety approved by the City Council, in the
penal sum of $ , conditioned that the grantee
shall well and truly observe, fulfill and perform each term
and condition of the franchise and that in case of any breach
of condition of the bond the amount of the penal sum shall be
recoverable from the grantee and surety.
PASSED, APPROVED AND ADOPTED this 8th day of May, 1962.
/C
MAYOR OF THE CITY OF SE EAD
ATTEST:
CITY CLERK
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