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Ordinance No. 361 2. East 26th 3treet~ between the eaetexly line of the right of way ot the LOB angeles and Salt Lake Railroad (San Pedro ~ranch) and a line Bandini Boulsvar([, between ths northerly the 1!'lood Control Channel of the [,OS River and a line parallel therewith and nQrtherl;y' at right angles 160 feet there- 1. line of Angels. distant :frOm. oables, wires and other applianoes, for the purpose of oonducting and transmitting electrioity and eleotrioal energy for lighting, heating, and power purposss through ths ~ity of Vernon, along and aoross the following strsets and publio highways within the City of Vernon, in the County of 10s Angeles, State of California, namely: mission sy'stem, oonsisting of poles, towers, oroes-arms, condui te, tlon organized and existing under and by virtue of the laws of the state of California, its suooessors and assigns, for a period of forty years frow and after ths date of the adcption of trd~ crdi- nanoe, to eonstruot, lay, operate and maintain an eleotrio trana- hereby granted to Los i1.ngel~s .jas ,_,; -11eclrio '-':ol'poratiorL 0 t -8. a rpoxa- SECTION I. Trmt the right, privilege and ~ranchlBe is as follows: The Board of Trustses of the City of Vernon do ordain A I I':?-- 'I'~'fJ'\6" ORD Il!Al\GE No.3" ~ , , ,/'/ " ',\ J !" 'I. "~I 'I" 11/" , "~J:iA '" OJ!' TIlE AlJo,Ullt C>' TRUSTE4}p 0'- ~ CITY pF VERNOl!, G ~., GRANTING TO ~ .4.u-ff:TI ~.,. r,r~~ ~" , ".-.-' A CORPORA nON 6RGAJI1Z In EXISTDlG uHDEiJ1E / I' ,- / \~ LAiVS Ol!-' THE STATE O.H' C.ti.LIl!lO~tHIA, ITS SU:CJLssons / AND ASSIGHS, A .'JlAlICEISll FOE A PllHIOD 0]' FORTY YEARS FHOM AlID iJ<'T"Lli TIlE DATE OF TIlE ADOPTION 00 THIS ORDINANCE, 'K' COI.STHUOT, LAY AND MAIN- TAIN A SYSI'EM OE' ,IIRES AND COIIDUITS ,'Oll THE PUR- pOSE OF TRAlISIHTTIIIG ELEC'fRICITY AND ELECTRIC llllEllGY "OHLIGHT, HU.T ;ulD POIIER, AIID ALSO TLLE- PHO.N~ NillES IN COllliECTION P1fEBEiIITH, TaH0UGH AlID ACROSS TIlE CITY QJ!' VERNON, OVER, UNDER, ACROSS AND ALONG CERTAIN PU1lLIC STREETS AND HIGH"AYS. ..2- good material as aforesaid and shall be ereoted. located, and main- tained or repla.ced in oonform1 ty with the ordinanoes, resolutions and instructions from the ..joard. of 'frustee s, provided that said instructions or regulations of the Board of ~rustee8 are not in oonflict with any paramount a~thority of the State of California. ADd unless otherwise ordered, all poles or towers shall be plaoed flush with the outer sdge of ths streets or hig~"ays where there are no sidewalks and where the property ia not platted, regulations, if any, of the l~llroad Commission of the S tate of California or any other body ~aving jurisdiotion to preeoribe tbe mode of oonstruction of said system. And said system shall be of That the eleotrical tr~nsmission syetem to be oonstruoted and operated under this franohise shall be built in a good and work- man11ke manner and of good material. and that all wires extending over and along any of said streets or highways or publiC places shall be placed at least twsnty (20) fset from the ground or at such other reasonable height or distance therefrom as said Board of Trustees may, by ordinance or reaolution. provide, and in conformity with ths statutes of ths state of California and the ru1se and chies is granted are as follows: fils with the Olsrk of the City of Vernon a written accsptancs hereof within thirty (30) days aftsr the passage of this ordinanoe. SECTION 3. The terms and conditions on whioh said fran- terms and oonditions hereinafter contained, and said grantee shall its or their sole use in oonneotion witb the operation of said transmission lin.. SECTION 2. Said franchise is hsreby grantsd on the The right and privilege 1s hereby granted to the grantee, ita suooeesore and assigns, to construot and operate upon said streets a telephone line in oonnection with said transmission system for paral~.l therewith and distant easterly at right anglee 110 feet thsrefrom. -z- and flush with the curb lines whsre there are sidewalks or the property 1s platted, and adjaoent poles or towers ahall not be plaoed nearer together than one hundred feet, exoept at street orossings and crOBS roa.ds. '.'I.hen any of said towers, poles or wires shall become an obetruot1on to the use of any of said streets or highways or dangerous to the users thereof, said Board of 1Tustees ahall have the right to order them relocated or remodeled at the expense of the grantee of this franohise, its suooessors or assigns, to avoid such obstruction or danger. And in the event th1?t. said grantee. or its sucoessors or assigns, shall fail to oomply with any instruotions of said doard of Trustees with respeot to the looation, ereotion, or maintenanoe of said towers, poles and wires, or any of them, within ten days after the servioe of writton notios upon said grantee cr its suooessors or assigns, requiring oomplianoe therewith, then said Board of Trustees may immed.is,tely do the work on said eleotrio system neoessary to carry out said instructions, at the cost and expense of said grantee, or its suooessors or assigns, whioh cost, by the a.oceptance of this franohise, said grantee or its s:uooaSBors or assigns, agrees to pay upon demand. That the work to ereat the towers, poles and wires here- under shall be oommenoed in good faith within not more then four months from the granting of this :franohise, and if not so commenoed within sald time, this frQnchi.se shall be deolared forfeited; pro- vided, however, that for gOOd cause shown, the Trustees Or govern- ing or legislative body of thE said City of ~ernon, may, by resolu- tion, extend the time for oompletion thereof, not exoeeding three months. ~he work hereunder ah&ll be proseouted diligently and in good faith by the grantee of this franchise so as to meet and fill the reasonable needs of the inhabitants of the territory ~or the servioes for whioh this franohise is granted and required. , -': - due hereunder, axEl if not ::1idd, the 681:'le 'lay bl~ co::'1'2cte(t by su~t. tlley 11.B.Y order tile =JC~.~rment ,):f such a(lditional r;u.r~l as the:,:, LE'.J fjncl amount l-)uid is incorrect i::1 the jui(;:Ell;nt ,.)f -Ute Boo.rd_ of ~rnst\~e,), the use, operation or P08S(~3",ion of" saiL franchise, and if 'L::1e centage upon '~hc amount of t,:le gros:=; anI1Uii.:L l'ecei~lts arisin;'~ .~'r'oI:j City 'lrerisurcr of the City :Jt' Iernon th() aggre{~atc S'.Uii of E'l,lr':! D~-r- duty of said :;l'untcc and it 3 succescoro or aS8i:::ns to ")A..~," t (l the a.fter the ti.Jl18 fOl' filinc~ tT~ afol'e~n.i~:,- Gtat8lfHClnt, it .'3Lall '~c t}~e operat ion of' whiuh thir: frE:1chise i3 g"rant(~d, an'l, ','i thin ten days whatever, from any part of tllC Dystem for the construction nnd or electric enc;r:C;Y for li:,::,ht, ~lfJ<1t or })DV'cr. 0:1' any ot.her riU1':108'3 twolve months, fol' the fln'nishini'~ and distribution of electl'id_t,:/ said grantee or its SUCC8Si3Jrtl 0).' assiGns during tlv3 ].JrececEng total gross receipts and gcoss earnin~s GoLLected 0:1:' rccciv~d by said !:;rantee, or its successors or a:~si':~:nD, GhO-,./i.n~l; in uetail the; or assigns, or by the oat]: of tl~e !~anaGer or prcsidirlg officer 01' 3t~{te[l(mt, v:;rificd by the oath of said I-,-'antioe, oJ.~ its S',lCCSSSOl.'B days after the ex,) ira t ion of eac 11 nn~l every ,'(i] al' thcrr::af't 'j}' 1 a i'ror.'l the date of the gl'antin'~~ of thL:; franchio8, and rithin thil'ty City of' \lernon',ofithin thir'ty days after the ex~)i1'ation of sir_, years 8nd of' its successors tl..nd as:Jir:;ns, to f'ile with t'J,e Clerk 0'" the of l:mid francl', iS8, of the grantcn duty tlJC And it shall be thereafter such j}aym(~nt she..:.l ce rii),id. o"nnuall:r. the f:l1'st five year!J succE.Jeding the (In.t(~ of this ordil1an 'e, Lut No percentage 3:1all be gaid for possession 01' said fT~nc~ise. and its successors or asoi~n8, arisin,; from tll8 use, op8ration Dr States, t~o per cent of ttle Gro~3 annu~l recei)ts o~ suc~ grantee, ~~'re2_0urcr of' the City of '/'-:rnon in la';d'ul mOI1(;Y of the iJnit(;(] aSDi{~ns sho..ll1 duri\I\~~ the life of 88..i:'1. franchi:oe, IH1Y to the \~il<i That th,:: aid L:;rantr3e and its ;:ucceSSOl'rJ ,'J1' s~c~:n()~I 4. ~d any negleot, omission or refusal by se1d grantee, or its suooessors or assigns, to file said verified statement or to pay the said percentage of the Baid gross annual receipts at ths times or in the manner hereinbefore provided shall. ipso facto, work a forfsiture of said franohiss and of all the rights thsre- under, to the City of Vernon. SECTION 6. That the said grantss, or its suooeseors or assigns, shall not sell, transfer. or assign, said franohise or any of ths rights or privileges grantsd thereby, except by a duly exeouted instrument in writing filed in the offioe of the Clsrk of the City of Vsrnon; and provided, further, that noth- ing in said franchise oontained shall be oonstrued to grant to said grantee, or its suooessors or assigns, any right to sell, transfer, or assign said franchise,or any af the rights or privi- leges thereby granted, exoept in the manner aforesaid. SECTION 6. This franohiss shall not bs construed to grant any right to the grantee~ its suooessors or assigns, to distribute or sell within the City of Vernon any elsotricity or eleotric snergy for any purposs. It is hereby declared to bs the purpose of this franohise to grant ta the grantee, its sucosssers and assigns, the right and privilege to oonstruot and operate said system for the sole purpose of oonduoting and trans- mitting eleotrioity and eleotrio ensrgy through said streets and acrose the City of Vernon for the purpose of supplying conSlliuers outside the aorporats limits of ths City of Vsrnon. SECTION 7. Tbe grantee, its suooessors or assigns, &hall have the right, subjeot to euoh regulations as are now, or hereafter may be, in foroe, to make all neoessary exoavations in said highways for the construotion and rspair of said system; the work of oonstruoting or repairing said system or any portion thereof, shall be oonducted with the least possible hindranoe to the use of the highways for purposes of travel; and any and all portions of the highways whioh way havs been excavated or other- ~- , -6- wise injured by the grantee, ita suooessors or assigns, in the course of either the oonstruotion or the repair of said eystem shall, as soon as said oonstruction or repair is oompleted, be placed in a8 good condition as the same were in before the oon- struction or repair of said system Or portion thereof, to the satisfaot10n of the Board of Trustses of the C1ty cf Vsrnon. and under the d1reotion of the C1 ty Enginser or other officer or agent of the City in oharge of the streets of said City; and the grantee, its Buacessors and assigns, shall hold the City of Vernon and its Board of Trustees and other offioers harmless in oaee of any damage or injury suffered by any psrson by reason of any exoavation or obstruction in said highway oooasioned by the oonstruotion, maintenanoe or repair of said system, and shall be responsible for any such damage or injury. That it shall bs the duty of the grantee. its suocessors or assigns, to oause any exoavation Or obstruotion in the highways or streets, made by it for the purpose of oonstruoting, maintaining or rspairing said system, to bs barrioaded and protected by lights plaoed at distances of not more than one hundred ~eet apart along such exoavation or obstruction during all periods from sunset to sunrise during the time which snoh excavation cr obstruction shall exist. The Board of Trustees of the City of Vernon may elect to repair any highway whioh the grantee, its Suooessors or assigns. may have exoavated or obstruoted for the pur1oS6 of either oOn- structing or repairing said systsm under the terms of this fran- chise, and if they do so eleat, the reasonable cost of such re- pairs shall be a cnarge against the grantee. ita sucoessors or assi.ns, whioh shall be paid within thirty days aftsr the presenta- tion Of a bill therefor by the City of Vernon. That the grantor reservss the right to change the grads of any highway over wh ioh this ~ranohise is granted. and the grantee shell at oncs ohange the location of such system. or any -7- rsgular issue of the paper of said City of Vernon. SECTION 12. The grant of this franohise is sffectivernly upon the further oondition that the grantee has now, and shall, at all times during ths life of this franchise, keep on file with the Board of 1Tuetesa a bond running to said City of Vernon in the penal sum of ~'ive Thousand Dollars 05,000.00), with at least two good and suffioient Bureties to be approved by said Board of ~rus- tees. condl tioned upon said bidd.er well and truly observing, ful- filling, and performing each and. every term and condl tien of said franchise, and that in case of a.ny breach of oondition of said , the official pv~tion thereof, &rfeoted by suoh change of grade, 80 as to con- form thereto. SECTION S. The grantee of said franohise, byaoospting the conditions hereof, agrees that in any prcoesding for the pur- pose of regulating the rates of the grantee, no grsater value shall bs plaoed upon said franchise than the actual oost paid therefor by the gra.ntee, and any vio18.t~"on of' this agreement shall ipso f~oto work a forfeiture thereof. SECTION 9. That any negleot, failure, or refusal to comply with any of the conditions of said franohi sa shall there- upon immsdiately, ipso facto, effect a forfeiture thereof, and the said aity, by its Hoard of Trustees, may thereupon deolare said franohise forfeited and may exolude said grantee,or its suooessors or assigns,from further use of the hi~~faYB of said oity under said franohise; and the said grantee, or ita suooess- ors or assigns, shall thereupon. and immedL:ltely surrender all rights in and to the same, and said franohise shall be deemed and shall remain null, void and of no effect. S~~~kUN 10. ~hlB ordinanoe shall take effect thirty days from and aftsr its adoption. SECTION 11. The City Clerk shall osrtify to the adoption of this ordinanoe, and shall oause the same to be published in one -8- C1ty Clerk of the City of 'ernon. Attest: President of the Board of Trustees Of the City of Vernon. - . 1925. day M Adopted th1s TruBtees of tha City of Vernon a bond running to said ~ity with at least two good and sufficient sureties, to be approved by said Board of ~~ustees in the penal sum of ..lve ThaUSaIid Dollars ($5,OOO.OO), on the condition that said grantee, or its suooess- orS or assigns, shall well and truly observe, fulfill and perform eaoh and every term and condition of said franchise, and that in case of any brea.ch of oondition of said bond the 'J'l'hole amount of the penal sum therein named aLLll be taken a.nd deemed to be liquidated danages, and shall be reooverable from the prinoipal and sureties upon said bond. That the grantee in said franchise shall. within five 15) days aftsr such franch1se is awarded. f1le w1th ths Board of Angeles, ~t~te of 0alifornla. papsr printed and published in ths C1ty of 'ernon. County of Los , a. neWB- least one week in the days aftsr the date of its adoption and prior to the expiration of f1ftesn days from the passage thereof shall bs published for at SECTION 15. This ordinance shall take effeot thirty therefor or thereunder shall be forfe1tsd. franohise shall be void and 0: no effect and any money paid from the pr1no1pal and suretiss on said bond. If sa1d bond be not so filed and kept on f1le. th1s taken and deemed to be liquidated damagee and ahall be recoverable bvad the whole amount of the ~enal sum therein named shall be -1'