HomeMy WebLinkAboutROI NO 1937RESOLUTION OF INTENTION NO. 1937
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL
ACKNOWLEDGING THE INTENTION TO GRANT A WATER
FRANCHISE
WHEREAS, California Water Service Company, a California public utility
corporation ( "Cal Water"), has filed with the Bakersfield City Council an
application requesting that it be granted a franchise of the character and for
the purposes mentioned in the form of notice set forth below; and
WHEREAS, in the opinion of the City Council, the public good requires that
the requested franchise be granted to Cal Water.
NOW, THEREFORE, BE IT RESOLVED that the City Council intends to grant to
Cal Water a franchise, that hearing of objections to the granting thereof will be
held at the time and place specified in the form of notice set forth below, which
the City Clerk is hereby directed to publish at least once within fifteen days after
the passage of this resolution in The Bakersfield Californian, a newspaper of
general circulation within the City, and that that notice must be in the following
words and figures:
NOTICE OF INTENTION TO GRANT FRANCHISE
NOTICE IS HEREBY GIVEN that California Water Service Company, a
California public utility corporation, has fled its application with the Bakersfield
City Council requesting that the City Council to grant Cal Water a franchise for
a 25 year term under the Charter of the City of Bakersfield and the Franchise Act
of 1937, to lay, construct, erect, install, operate, maintain, use, repair, or replace
pipes and appurtenances, in, along, across, upon, under, or over the public
streets, ways, alley, and places within the City including, but not limited to,
highways and freeways now or hereafter established within the City for
transmitting and distributing water to the public for any and all purposes.
If the City Council grants a franchise to California Water Service Company
and its successors and assigns, hereinafter referred to as Grantee, Grantee must,
during the life of the franchise, pay to the City two percent of Grantee's gross
annual receipts arising from the use, operation, or possession of the franchise;
provided, however, that such payment will, in no event, be less than one
percent of the Grantee's gross annual receipts from the sale of water within the
City limits. Grantee must pay the appropriate percentage annually after the
expiration of the calendar year, or fractional calendar year, following the date
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of the granting of the franchise applied for. In the event Grantee fails to pay
the required payment, the franchise will be forfeited.
NOTICE IS HEREBY FURTHER GIVEN that any and all persons having any
objections to the granting of the franchise may appear before the Bakersfield
City Council at the Council Chambers, City Hall, 1501 Truxtun Avenue,
Bakersfield, California, at the hour of 5:15 p.m., or as soon thereafter as the
matter may be heard, on November 1, 2017; and
NOTICE IS HEREBY FURTHER GIVEN that, at any time not later than the hour
so set for hearing objections, any person interested may make written protest
stating objections against the granting of the franchise, which protests must be
signed by the protestant and delivered to the City Clerk of the City of
Bakersfield, 1600 Truxtun Avenue, Bakersfield, CA 93301. The City Council will, at
the time set for hearing objections, proceed to hear and pass upon all protests
so made.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Counil of the City of Bakersfield at a regular meeting thereof held on
OCi ; c !'Di7 by the following vote:
YES COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER
NOES: COUNCIL MEMBER NVrA,
ABSTAIN: COUNCIL MEMBER IVOCNR-
ABSENT: COUNCIL MEMBER Nom
CHRISTOPHER (VERRY,
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED OCT 11'017
By J-6 -A/
WEN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By :z
RICHARD IG
Deputy City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
CHRISTOPHER GERRY, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 13th day of October. 2017 he posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention No. 1937 passed by
the Bakersfield City Council at a meeting held on the 11th day of October. 2017 and
entitled:
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ACKNOWLEDGING
THE INTENTION TO GRANT A WATER FRANCHISE.
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
By
D!'P_IJTY City O erk
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