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.
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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