HomeMy WebLinkAboutRES NO 026-15RESOLUTION NO. 0 2 6- 15
A RESOLUTION OF THE CITY OF BAKERSFIELD ACCEPTING
THE APPLICATION OF CALIFORNIA WATER SERVICE
COMPANY REQUESTING A WATER FRANCHISE.
WHEREAS, in November 9, 1964, the City granted to California Water
Service Company ( "Cal Water ") a franchise to lay and use pipes and
appurtenances for transmitting and distributing water with the City (Ordinance
No. 1541);
WHEREAS, the franchise had a term of 50 years and is set to expire on or
about November 9, 2014;
WHEREAS, an extension was granted by the City Council until June 30,
2015, in order to allow City and Cal Water to finalize and submit too this Council
a new franchise ordinance (Resolution No. 184 -14);
WHEREAS, Cal Water has submitted the attached formal application to
the City requesting a new franchise with an indeterminate term;
WHEREAS, under the proposed franchise, Cal Water will pay to the City the
greater of 2% of the gross annual receipts received by Cal Water from the use,
operation, or possession of the franchise or 1% of the gross annual receipts
derived by Cal Water from the sale of water within the City limits.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. That the above recitals, incorporated herein, are true and correct;
and
2. That Cal Water's application for a water franchise within the City
limits is hereby accepted.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAR 0 b 2015 , by the following vote:
Vol ,/ ✓ ✓ ✓
APS:COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, PARLIER
COUNCILMEMBER N111%.
ABSTAIN: COUNCILMEMBER
� Ehhl�j COUNCILMEMBER SWI 1 V1Qi"-
CITY CLERK and Ex Of o Clerk of the
Council of the City of akersfield
APPROVED MAR 01, 2015
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By -l/ �
RICHARD IGER
Associate City Attorney
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ORIGINAL
CALIFORNIA WATER SERVICE COMPANY
1720 NORTH FIRST STREET • SAN JOSE, CA 95 112-4598
I408I 367 -8200
APPLICATION OF CALIFORNIA WATER SERVICE
FOR A WATER FRANCHISE PURSUANT TO THE PROVISIONS OF DIVISION 3, CHAPTER 2 OF
THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, KNOWN AS THE FRANCHISE
ACT OF 1937
To the City Council of Bakersfield, California
Ladies and Gentlemen:
The undersigned applicant hereby makes 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, in
compliance with the provisions of Section 6231 thereof, states:
1. The name of the applicant is California Water Service. The applicant is a subsidiary of California
Water Service Group, 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
water for all purposes to consumers in various municipalities and communities in the State of
California, including the City of Bakersfield.
2. The franchise herein applied for is for the purpose of laying and using pipes and appurtenances
for transmitting and distributing water for any and all purposes, under, along, across, or upon the
public streets, ways, alleys, and places, as the same now or may hereafter exist within the City of
Bakersfield.
3. The term of the franchise herein applied for is proposed to be a 50 year term, pursuant to Section
6264 of the Public Utilities Code of the State of California.
4. If granted the franchise herein applied for, the applicant will pay to the City of Bakersfield during
the life of such franchise, two per cent of the Gross Annual Receipts received by applicant from
the use, operation or possession of said Franchise, which sum shall not be less than one per cent
of the Gross Annual Receipts derived by applicant from the sale of water within City's limits
under all franchises operated by applicant.
Dated this 16' day of =��Yu `( 12015
- CA ORNIA WATER SERVICE
By:
Its: V/116—
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