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HomeMy WebLinkAboutResolution No. 09-C048E RESOLUTION NO. 09=C48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DECLARING ITS INTENTION TO GRANT AN ELECTRIC FRANCHISE TO SOUTHERN CALIFORNIA EDISON WHEREAS, the City of Azusa has received from Southern California Edison, 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 electricity 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; and WHEREAS, Southern California Edison's application states, in compliance with the provisions of Section 6231 of the Public Utilities Code, that the purpose for which the franchise is sought is the installation and maintenance of facilities for transmitting and distributing electricity for any and all purposes under, along, across or upon the public streets, ways, alleys and places, as the same now or may hereinafter exist within the City of Azusa; and that the term for which the franchise is sought is 30 years; and WHEREAS, Southern California Edison's 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 percent (2%) of the gross annual receipts of Southern California Edison arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of applicant derived from the sale of electricity within the limits of the City of Azusa, under the franchise; and WHEREAS, in the opinion of the City Council the public good requires that said franchise be granted; 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 Southern California Edison the franchise so applied for; and the 7th day of July, 2009, at 7:30 p.m., at Azusa City Hall, located at 213 E. Foothill Boulevard in Azusa, 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; 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 the City of Azusa, in the following form: "NOTICE OF INTENTION TO GRANT FRANCHISE NOTICE IS HEREBY GIVEN, that Southem California Edison, a corporation, has filed its application with the City Council of the City of Azusa requesting that the City Council grant it a franchise for a 30 -year term, under the Franchise Act of 1937, to install and maintain facilities necessary or proper for transmitting and distributing electricity for any and all lawful purposes under, along, across, and upon the public streets as the same now or may hereafter exist within the City of Azusa. If the franchise is granted to it, Southern California Edison, its successors and assigns, hereinafter designated Grantee, will, during the franchise term, pay to the City 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.one percent (I%) of the gross annual receipts derived by Grantee from the sale of electricity within Azusa. Such percentage will 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 will be forfeited. The City Council of the City of Azusa proposes to grant the franchise for a 30 -year term. NOTICE IS HEREBY FURTHER GIVEN, that any and all persons having any objections to the granting of the franchise may appear before the City Council on the 7th'day of July, 2009, at 7:30 p.m., or as soon thereafter as the matter may be heard, at Azusa City Hall, located at 213 E. Foothill Boulevard in Azusa, and be heard thereon; and NOTICE IS HEREBY FURTHER GIVEN, that at any time not later than the hour so 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 delivered to the City Clerk of the City, and the Council shall at the time set for hearing such objections, proceed to hear and pass upon all protests so made." The City Clerk shall certify as to the adoption of this Resolution. E PASSED, APPROVED, AND ADOPTED this 15th day of June 2009. oseph R. Rocha, Mayor ATTEST: Vera Mendoza, City Clerk I HEREBY CERTIFY that the foregoing resolution was duly passed by the City Council of the City of Azusa at a regular meeting of the City Council thereof on the 15th day of June 2009, by the following vote of the City Council: AYES: COUNCILMEMBERS: CARRILLO, GONZALES, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT COUNCILMEMBERS: NONE Vera Mendoza, City Clerk APPROVED AS TO FORM: R cz_ Best Best & Krieger LLP City Attorney