HomeMy WebLinkAbout2015-09-22 - RESOLUTIONS - VALENCIA WATER COMPANY (2)RESOLUTION NO: 15-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA DECLARING ITS INTENTION TO GRANT
A WATER FRANCHISE AS APPLIED FOR BY THE VALENCIA
WATER COMPANY AND SETTING A PUBLIC HEARING ON THE
MATTER FOR OCTOBER 13, 2015
WHEREAS in 1991 the City granted to the Valencia Water Company (VWC) a
franchise effective December 17, 1990, to lay and use pipes and appurtenances for the
transmitting and distribution of water within the City (Ordinance 91-5); and
WHEREAS, the franchise had a term of 25 years and is set to expire on December 17,
2015; and
WHEREAS by letter dated August 7, 2015, and consistent with the Franchise Act of
1937 Act found in the California Public Utilities Code, VWC requested that the City grant
them a new 25 year franchise; and
WHEREAS under thero osed franchise, VWC will pay to the City the greater of 2% of
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theross annual receipts received by VWC from the use, operation, or possession of the
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franchise or 1% of theg ross annual receipts VWC derives from sales of water within the City,
and
WHEREAS. the City Council finds that it is in the best interests of the City to consider
granting the requested franchise to the VWC; and
WHEREAS, as required by the Act the City must adopt a Resolution of Intention to set a
public hearing for the consideration of granting the franchise; and
NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein.
SECTION 2. Request for Franchise. The City Council accepts the application of VWC
requesting a water franchise.
SECTION 3. Intention to Grant Water Franchise. The City Council intends to consider
granting to VWC a franchise at a public hearing and will take any testimony and hear any
objections to the grant. The public hearing will be held at the time and place specified in the
form of the notice set forth in Section 4, which the City Clerk is hereby directed to publish at
least once within 15 days after the passage of this Resolution in the Signal, a newspaper of
general circulation with the City.
SECTION 4. Notice of Intention to Grant Franchise:
.Notice is hereby given that the Valencia Water Company has filed its app lication with the
Santa Clarita City. Council requesting that the City Council grant to it a franchise for a 25Y ear
term under the City's Municipal Code and the Franchise Act of 1937, to la construct,
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reconstruct, maintain, operate, repair, renew, change the size of, remove or abandon inp lace
pipes and pipelines for the transportation of water, waste water, mud steam and other li
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substances excluding hazardous substances in under, among or across those portions of t
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City's streets roads and highways.
If the City grants a franchise to the Valencia Water Companyand its approved successor
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and assigns, hereinafter "Grantee", Grantee must, during the life of the franchise a to the Cit
franchise, e y
2% of the Grantee's gross annual receipts arising from the use, operation, orp ossession of the
franchise; provided, however, that such payment will, in no event, be less than 1 % of the
Grantee's gross annual receipts from the sale of water within the Cit limits. Grantee must a
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the appropriate percentage annually from the date of the granting of the franchise and in th
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event such payment is not made the franchise will be forfeited.
Notice is hereby further given that any and all persons having an objections to the
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granting of the franchise may appear before the Santa Clarita Cit Council at the Council
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Chambers, City Hall, 23920 Valencia Blvd, Santa Clarita, California at the hour of 6:00.
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or as soon thereafter as the matter may be heard on October 13, 2015.
At any time not later than the hour so set for hearingobjections, an e
j y person interested
may make written protest stating objections against the granting of the franchise whichp rotests
must be signed by the protestant and delivered to the City Clerk of the City of Santa Clarita,
City Hall 23 920 Valencia Blvd #120, Santa Clarita, CA 91355. The Ci Council will at th
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time set for hearing any objections, proceed to hear and make its determination on all protests
so made.
SECTION 5. Effective Date. This resolution will take effect immediately upon adoption.
tion.
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SECTION 6. Certification. The City Clerk is directed to certify the passage of this
Resolution.
PASSED, APPROVED, AND ADOPTED this 22nd day of September 2015.
Jim
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
)ss.
I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarity at a
regular meeting held on the 22nd day of September 2015, by the following vote:
AYES: COUNCILMEMBERS :
NOES: COUNCILMEMBERS :
ABSENT: COUNCILMEMBERS:
Weste, Acosta, Kellar, Boydston, McLean
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