HomeMy WebLinkAboutResolution No. 2441 RESOLUTION NO. 2441
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
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 DOWNEY
WHEREAS, SOUTHERN CALIFORNIA WATER COMPANY, a California corporation,
has filed with the City Council of the City of Downey 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 the granting thereof
will be held at the time and place specified in the form of notice herein-
after set forth, which the City Clerk of said City is hereby directed to
publish at least once in the Southeast News and Downey Champion, 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 Southern California Water Company, a
California corporation, has filed its application with the City
Council of the City of Downey requesting that said City Council
grant to it a franchise for an indeterminate term 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 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 Downey.
"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 to one per cent (1 %) 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 Downey proposes to grant said
franchise for an indeterminate period, 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
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the granting of said franchise may appear before said City Council
at City Hall Council Chamber , Downey, California, at the hour of
7 :30 o'clock P.M. on the 14th day of September , 1970, 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 applica-
tion which is on file in the office of said City Clerk, and also
to the resolution adopted by said City Council on the 25th day of
August , 1970, declaring its intention to grant said franchise.
"DATED this 25th day of August , 1970.
"By order of the City Council of the City of Downey, California."
APPROVED AND ADOPTED this 25th day of August , 1970.
,-- L e,--L--4.
Mayor
ATTEST:
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
City Council of the City of Downey at a regular meeting thereof held on the
25th day of August , 1970, by the following vote.
AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
( 7 '‘''' . 7 :-. (-`, AO.of-Pgr--
City Clerk
ATTACH TO RESOLUTION #2441
AFFIDAVIT OF CITY CLERK OF THE CITY OF DOWNEY
RELATIVE TO MAILING TO DISTRICT ENGINEER, DIVISION
OF HIGHWAYS, NOTICE OF INTENTION TO GRANT FRANCHISE.
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
The undersigned, being first duly sworn, deposes and says: That she
at all times herein mentioned was, and now is, the duly qualified and act-
ing City Clerk of the City of Downey, State of California; that on the 26th
day of August , 1970, she caused a copy of the "Notice of Intention to
Grant Franchise ", a copy of which is attached hereto, to be enclosed in an
envelope addressed as follows: "District Engineer, Division of Highways,
District #7 P. 0. Box 2304 Los Angeles � , g 9
California ", and on said date she caused the same to be deposited in the
United States mail at Downey, California, postage prepaid.
City Clerk
City of Downey
Subscribed and sworn to before me
this 26th day of August , 1970.
o tary Public in and for the
State of California
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a
OFFICaIAL � S A
ROBERT A. CHALMERS
o NOTARY PUBLIC-CALIFORNIA
cis ANGELES COUN1Y
oot4 MyCornmission Exp NOV. 11,1972
8425 E. Second Street, Downey, Calif. 90240