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CC - 1974-18 - Granting Southern California Water Company a Franchise to useRESOLUTION NO. 74- 18 .l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, 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 ROSEMEAD. WHEREAS, SOUTHERN CALIFORNIA WATER COMPANY, a California corporation, has filed with the City Council of the City of Rosemead 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, that said City Council intends to grant said franchise, that hearing of objections to be granting thereof will be held at the time and place specified in the form of notice hereinafter set forth, which the City Clerk of said City is hereby directed to publish at least once in a newspaper of general circulation published nearest to said City, and to post in three public places in the City within fifteen (15) days after the passage of this Resolution, and that said notice shall be substantially in the following 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 Rosemead requesting that said City Council grant to it a franchise for a term of twenty-five (25) years, pursuant to Division 3, Chapter 2 of the Public Utilities Cost 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 Rosemead, "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 (2i) 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 (18) of the gross annual receipts derived by Grantee from the sale of water within the limits of said City. Such percentage 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. .A` • • Page Two The City Council of the City of Rosemead proposes to grant said franchise for a period of twenty-five (25) years; that is, 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 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 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 andall persons having any objections to the granting of said franchise may appear before said City Council at 8838 E. Valley Blvd, Rosemead, California, at the hour of 8:00 o'clock P.M. on the 9th day of April , 1974, 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 12th day of March , 1974, declaring its intention to grant said franchise. "DATED this 12th day of March , 1974. "By order of the City Council of the City of Rosemead, California City Clerk City of Rosemead,- The foregoing Resolution was duly passed and adopted by the City Council of the City of Rosemead.at a regular meeting of said City Council held on the 12th day of March , 1974, by the following vote: AYES: Councilmen Andersen, Pike, G. Taylor P. Taylor, Trujillo NOES: Councilmen None ABSENT: Councilmen None Mayor, it f , osemead Attest: State of Cali oLrtia Ci Cl k City of Ros d S to lifosnia (SEAL) ~01 Page Three STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Jenny E. Davenport, City Clerk of the City of Rosemead, hereby certify that the foregoing Resolution is a true copy of Resolution No. 74-18 , which was introduced and adopted at a regular meeting of the City Council of the City of Rosemead, held on the 12th day of March, 1974. City Clerk City of Rosemead DATED this 12th day of March, 1974.