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CC - Item 3G - Grant to Southern California Water Company S — E� staf teport TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAG�� DATE: MAY 6, 1999 RE: RESOLUTION NO. 99-23-A RESOLUTION BY THE ROSEMEAD CITY COUNCIL DECLARING ITS INTENTION TO GRANT TO SOUTHERN CALIFORNIA WATER COMPANY, A FRANCHISE TO USE OR TO LAY AND USE PIPES, 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 AND FOR SETTING A PUBLIC HEARING ON JUNE 8, 1999 Southern California Water Company has applied for a renewal of their 25-year franchise for water service in some parts of the city. The California Public Utilities Code requires that the City Council pass a Resolution of Intention and publish Public Notice of the proposed franchise renewal. Presented for Council consideration is Resolution No. 99-23,A 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, 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. This Resolution sets a public hearing on June 8, 1999 and directs the City Clerk to publish Public Notice of the public hearing. In exchange for its franchise to use the city streets and rights of way, Southern California Water Company pays a franchise fee of 2% of its gross revenue attributable to the Rosemead franchise. Last year, the city received $16,181.18 in franchise fees from Southern California Water Company. The 2% amount is statutory and cannot be increased. COUNCIL . , L . fjtg k`.AY 1 199 ITEM No. an. Page 2. Prior to the public hearing,staff will review the existing franchise agreement and determine if any modifications are necessary. RECOMMENDATION That the City Council adopt Resolution No. 99-23 setting the public hearing on the franchise renewal for June 8, 1999 and directing the City Clerk to publish Public Notice thereof. FGT:js Attachments RESOLUTION NO. 99-23 A 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 PIPE, 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, 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 the 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 in said 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 the 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 from May 23, 1999 to May 22, 2024 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, 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 (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 Resolution No. 99-23 Page 2. to one per cent (I%) 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. The City Council of the City of Rosemead proposes to grant said franchise from May 23, 1999 to May 22, 2024, 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 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 and all persons having any objections to the granting of said franchise may appear before said City Council at Rosemead, California at the hour of 8:00 o'clock p.m. on the 8th day of June, 1999, 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 11th day of May, 1999, declaring its intention to grant said franchise DATED this 11th day of May, 1999. By order of the City Council of the City of Rosemead, California. Nancy Valdcrrama City Clerk City of Rosemead MAYOR ATTEST: City Clerk