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Home My WebLink AboutRES NO 65-64 .... RESOLUTION. NO.. '_65.64 · RESOLUTION OF INTENTION TO GRANT FRANCHISE TO USE, OR TO LAY AND USE, WATER PIPES AND APPURTENANCES IN THE PUBLIC STREETS OF THE CITY OF: BAKERSFIELD. WHEREAS, California Water ServiCe'Company, "a corpbration duly organized and existing under and by virtue of the laws' of ~he State of California, 'has filed with' the Council'of 'the'City of B~kers'f'ield' an application requesting that a franchise b.e *granted to it of the character ~nd for the"purpose .mentioned in the form of nOtiCe hereinaiter. set forth; ..a'nd- -' ; .. WHEREAS~ in the opinion o! said Counci.1 .the public good requires that said franchise be granted; ' 'NOW, THEREFORE, BE 'IT RESOLVED that said Council intends .to grant said. franchise,. that hearing of objections-to the granting thereof will be held a't'the time. a:nd place specified in the form of notice hereinafter set forth which' the .-Clerk 'of said City 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 said City, and that 'said .notice shall be in. the following words and figures: : - ; "NOTICE OF INTENTION TO GRANT FRANCHISE'." NOTICE IS HEREBY GIVEN that.'California W~ter Service Company a corporation duly organized. and existing 'under and by virtue of the laws of the State of California, haS. filed its ap'plication with the Council of the City' of Bakersfield requesting said Council to. grant it a franchise for. a term of fift.y (50) years from and after the date thereof to use, or to lay and/use, pipes,._.~i_'tChes,. flumes,. conduits and. appurtenances for 'the purpose of t~ansmitting and 'distributing water under, along., :across .or upon the public s~reets, ways, alleys and places of the City of Bakersfield as the same now exist or hereafter exist. This application is for a franchise complementary to 'the franchise presently held by Applicant' derived under the provisions of SeCtion 19 of Article'XI of the Constitution of the State of California, as said Sectfob existed prior ~to its amendment On October 10~ 1911.. · The'City Clerk is the person designated to'whom sealed bids for such franchise may be delivered at her office in the City Hall prior to the hour of 5 o'clock p.m.~ Monday, November 9~ 1964. Said sealed bids wili be publicly opened, examined' and. declared by the CounCil of the .City of Bakersfield.at.8 o'Clock p.m. of said day. If-the franchise herein requested is granted to it~-said · Calif~ornia Water Service. Company, its successors and assigns, here- inafter designated grantee~ shall during the life thereo~ pay to said city two per cent (2%) of the·gross 'annual re.ceipts of said grantee arising from the use~ operation or possession of said ~"franchise'; proVided,'however, that'such payment shall'.in'no~vent''~' be less than a'.sum which shall be equivalent'to one.per cent (1%)- of .{he gross receipts derived'byigrantee from the sale of water' within the.limits of the City of ~akersfieldi provided, further, that the first such payment to be made will be based upon gross receipts derived by grantee in the fractional year following the granting of said franchise. Said percentage will be paid ~nnually from the'date of the ·granting of t'he franchise applied for and in- the"eVent such payment shall n6t be made'said franchise shall be forfeited, Said City Council proposes to·grant said franchise for a-term not to exceed fifty years.' '¥NOTICE IS HEREBY FURTHER. GIVEN. that any. and all persons before said CounCil at the City Hall 0f"said~city at the hour' of 8 o'clock p.m. on Monday the 9th day/Of November, 1964 and be heard thereon; and ' " .' '·NOTICE' IS HEREBY FURTHER GIVEN' th'at at any time not ·later than the hour so set'.for hear~ng.0bj'edti0ns any person interested may'make'written protest stating objections against the granting'of said franchise which protest must be signed by the protestant and delivered tothe City'Clerk of sai'd City, and the Council'shall at .the.~imeset 'for 'hearing said objections. proceed tohear .and pass upon'~ll protests so made; and NOTICE IS HEREBY FLIRTHER GIVEN that the grantee· of s~id. franchise'must within five dayS'after the 'date'.of granting same file'with the Cou. ncil"of said City a'bond in th'e penalsum'Of one thousand dollars ($1000.00)running to said City with at least two good and sufficient sureties thereto to, be-approved by 'sa'id Council 'conditioned that such grantee shal'l well and truly observe~ fulfill and perform each and every ~erm and condition· of said. franchise and that in case of any breach of condition of said bond occurring the whole amount of the penal sum therein named shall be taken and·deemed to be"liquidated damages and shall be recoverable from'the'PrinciPaI. and' sureties upon said bond. For further particulars'.refe~ence is hereby/made to said application filed as aforesaid in the office of said Council and also tO the resolution adopted on the 26th day of October~ 1964~ declaring its intention tO grant said ~ranchise. Dated: October 27, 1964' .By-order of the Council of the".City of Bakersfield MARiAN~S. I~VIN - CITY CLERK andEx-Officio Clerk of the CoUncil of the City of Bakersfield. · I HEREBY CERTIFY that t-he foregoing resolution was passed and 'adopted by the-Council of the City of Bakersfield at a'fegular meeting thereof held on the. 26th day of October, 1964~ by the follow- ing vote: AYES., COUNCILM'EN: BALFANZ, DOOLIN, MARCHBANKS, MOSSMAN, RUCi(ER, STjI~RN, WHITTEMORE NOES; COUNC,U~.~-!~._i_._~ ,:, - - ,' I~w~C~ "~ rk of the c 'ana Council of' the City of Bakersfield APPROVED thi.;~';~;~h ::~d~'y. of October, lS6~. MAY o[ h APPROVED: CITY ATTORNEY