Loading...
CC Resolution 8467 RESOLUTON NO. 8467 RESOLUTION OF THE COUNCIL OF THE CITY OF CAMPBELL, DECLARING INTENTION TO GRANT WATER UTILITY FRANCHISE WHEREAS, the San Jose Water Company, a California corporation, has filed with this council, the Council of the City of Campbell, County of Santa Clara, state of California, on the 1st day of March 1993, a written application for a franchise to lay, construct, maintain, enlarge, repair and operate a system of water pipelines and other appliances and apparatus in, over, along, across, under, through and upon the public streets, roads, alleys, highways and places of the City of Campbell, County of Santa Clara, State of California, for the transportation and distribution of water for sale and distribution for domestic, agricul tural, industrial, commercial and other lawful uses and purposes; and, WHEREAS, said application has been made under and in conformity with the laws of the State of California pertaining to the granting of franchises by the city authorities, under the provisions of Chapter 2, Division 3 of the Public utilities Code of the State of California; and, WHEREAS, this Council in the exercise of its discretion has found, and does hereby find, that it will be and is for the best interest and advantage of the said City of Campbell, and the inhabi tants thereof, that said franchise be granted, and this Council, in the exercise of such discretion, proposes to grant said franchise to the San Jose Water Company in accordance with the terms and provisions of the laws of the State of California and the Public utilities Code referred to above, and such conditions as the City Council in its discretion may impose; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that this Council declares its intention to grant the water utility franchise to San Jose Water Company as applied for above, subject to such terms and conditions as the Council deems reasonable and appropriate, and directs the Clerk of the City Council to set forth notice of the day, hour and place when and where all persons having any objection to the granting of such franchise to the San Jose Water Company may appear before the city Council and be heard thereon, which objections to the granting of the franchise shall be in writing and signed, and submitted to the Clerk of the City Council prior to the time noticed for hearing any objections. IT IS FURTHER ORDERED AND RESOLVED that the San Jose Water Company shall, within five (5) days from the date of an award of any franchise, file with this Council a bond running to the City of Campbell, conditioned according to the provisions of the laws of the State of California and the Public utilities Code, with such surety or sureties as are required by law, to be approved by this council, in the penal sum of One Thousand Dollars ($1,000.00), and Resolution No. 8467 adopted on 4;6/ ':;1.5 page 2 that upon the filing of said bond and its approval by this Council the requested franchise shall be granted by this Council, by ordinance, to the applicant San Jose Water Company. IT IS FURTHER ORDERED AND RESOLVED that the Clerk of the city Council shall notice such hearing for May 4, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers at Campbell City Hall, 70 North First Street, Campbell, California 95008. Furthermore, the Clerk of the City Council shall cause the notice of such hearing to be published at least once within fifteen (15) days after the passage of this resolution in a newspaper of general circulation within the City of Campbell. PASSED AND ADOPTED by the Council of the City of Campbell, County of Santa Clara, State of California, at a regular meeting thereof held on the 6th day of April 1993, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Coimcilmembers: Councilmembers: Burr, Watson, Ashworth, Dougherty, Conant NOne None None APPROVED: \~tffi.&;,~ Barbara Conant, Mayor ATTEST: /) [' /l;77A.-L ..{:>./tL-L Anne Bybee, City Clerk NOTICE OF HEARING ON GRANT OF WATER FRANCHISE TO SAN JOSE WATER COMPANY PLEASE TAKE NOTICE that on May 4, 1993, at 7:30 p.m., or as soon thereafter the matter may be heard, in the Council Chamber of Campbell City Hall, 70 North First street, Campbell, California 95008, the City Council of the City of Campbell will hold a public hearing to consider whether or not to grant a water utility franchise to San Jose Water Company. The grantee of the franchise and its successors and assigns will, during the life of the franchise, pay to the City of Campbell two percent (2%) of its gross annual receipts from the use, operation, or possession of the franchise, except that this payment shall not be less than one percent (1%) of the company's gross annual receipts derived from the sale within the limits of the City of Campbell of water utility services. In the event such payment is not made, the franchise will be forfeited. The franchise shall be granted for an indeterminate period. At any time not later than the time set for the hearing, any person interested may make written protest stating objections against the granting of the franchise. The protest shall be signed by the protestant and delivered to the City Clerk.