HomeMy WebLinkAboutResolution No. 4875\40)
RESOLUTION NO. 4875
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA DECLARING ITS INTENTION TO GRANT THE WATER
FRANCHISE APPLIED FOR BY AZUSA VALLEY WATER
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 Azusa Valley
Water Company a corporation organized and existing 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 to consumers in various municipalities and communities in
the State of California, including the City of Azusa an application,
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, ditches, flumes,
conduits 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 Azusa 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 Califom ia; and
WHEREAS, said application further states that the applicant,
if granted the franchise therein applied for, will pay to the City of
Azusa 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%1 of the gross annual
receipts of applicant derived from the sale of water within the limits
of the City of Azusa under said water franchise.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Azusa, 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 Azusa Valley Water Company the
franchise so applied for; and Monday the 16th day of August, 1965, at
8:00 o'clock P.M. at the place where this City Council usually meetso
to wit City Hall, 213 E. Foothill Boulevard, Azusa, 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 IT FURTHER RESOLVED that the City Clerk is hereby
directed to publish a notice at least once within fifteen (15days
after the passage of this resolution, in a newspaper of general circula-
tion within this City of Azusa, to wit, in the Azusa Herald, 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
Azusa 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 Azusa Valley Water Company a
corporation, a franchise to lay and use pipes, ditches, flumes, conduits
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 Azusa; and that Monday the 16th day of August, 1965, at
8:00 o'clock P.M., at the place where this City Council usually meets,
to wit, City Hall, 213 E. Foothill Boulevard, Azusa, 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 City Clerk.
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 successors and assigns,
will, during the life of said franchise, pay to the City of Azusa 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 Azusa 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: July 8, 1965.
BE IT FURTHER RESOLvEb-,that the City Clerk shall certify to
the adoption of this resolution.
Approved and adopted this 6th day of July, 1965.
I hereby
adopted by the City
thereof held on the
the Council:
AYES: Councilmen:
NOES: Councilmen
ABSENT:Councilmen:
certify that the foregoing resolution was duly
Council of the City of Azusa at a regular meeting
6th day of July, 1965, by the following vote of
Rubio, Cooney, Solem, McLees, Memmesheimer
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