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Resolution No. 603i art RESOLUTION NO. 603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO GRANT A FRANCHISE TO SOUTHERN CALIFORNIA WATER COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES AND OTHER FACILITIES AND APPURTENANCES FOR THE TRANSMITTING AND DISTRIBUTION OF WATER IN AND ACROSS PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF CYPRESS AND FIXING THE TIME AND PLACE FOR A HEARING THEREON. WHEREAS, this City Council has received from Southern California 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 the business of transmitting and distributing water in various municipalities and communities in the State of California, 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 to lay and use pipes and other properties and facilities, with their appurtenances, for transmitting and distributing water for any and all purposes in, under, along, across or upon the public streets, ways, alleys and other public places, except state freeways, as the same now or may hereafter exist within this City; and WHEREAS, the term for which said franchise is applied is indeterminate, as defined in Section 6264 of said Code; and WHEREAS, said application states that if the franchise therein applied for is granted to it, the applicant, its successors or assigns, will pay, during the life of such franchise, two per cent (2 %) of the gross annual receipts of applicant, its successors or 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 applicant, its successors or assigns, derived from the sale of water within the limits of this City. 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 said franchise to Southern California Water Company and does hereby fix the 26th day of July, 1965 at 7:30 o',clock P.M. in the Chambers of this City Council at 5311 Orange Avenue, Cypress, California, as the day, hour and place when and where all persons having any objections 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, in the form herein below set forth, at least once within fifteen (15) days after the passage of this resolution, in The Enterprise, a newspaper of general circulation within this City, such notice to be in the form as follows: NOTICE OF INTENTION TO GRANT WATER FRANCHISE TO WHOM IT MAY CONCERN: Notice is hereby given by the City Council of the City of Cypress that, under and pursuant to Division 3, Chapter 2 of the Public Utilities Code of the State of California, said City Council intends to grant to Southern California Water Company, a corporation, a franchise tolay and use pipelines and other properties and facilities, with their appurtenances, for transmitting and distributing water for any and all purposes in, under, along, across or upon the public streets, ways, alleys and other public places, except state freeways, in said City as the same now or may hereafter exist, and thatsaid City Council has fixed the 26th day of July, 1965, at 7:30 p.m. in the Chambers of said City Council at 5311 Orange Avenue, Cypress, California, as the day, hour and palce when and where any and all persons having any objection to the granting of said franchise may appear before said City Council and be heard thereon. At any time not later than the hour so set for the hearing of any such objection, 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 clerk of said City Council. 392 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, its successors or assigns, will, during the life of said franchise, pay to said City two per cent (2%) of the gross annual receipts of the grantee, its successors or 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 or assigns, derived from the sale of water within the limits of said City. 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 June 28, 1965. CLERIC F THE CITY COUNCIL OF THE CITYOF CYPRESS BE IT FURTHER RESOLVED, that the Clerk of this City Council be and hereby is further directed to cause a copy of the aforesaid notice to be given pursuant to Section 688 of the California Streets and Highways Code to the appropriate district engineer of the Division of Highways. PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 28th day of June, 1965. ATTEST: cil' L3ERK ` OF THE ITY' CF CYPRESS STATE OF CALIFORNIA) COUNTY OF ORANGE ) MAYOR OF THE CITY OT CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the said City Council held on the 28th day of June, 1965, by the following vote: AYES: 3 COUNCILMEN: Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Gorzeman and Wright T1L'OfT ttmTnwt MA A ) CLER�' OF THE ITY CITY OF CYPRESS