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Ordinance No. 503 C_ X15" ORI)Ir~A.dCE ~d0. 503 AN ORDINA'VCE 0'~' ~~_F: CI~~"Y 0'' ~T.`_?.T30rT, GR."~i:TII?G TO SOUTH.':RN CxLII'OR.P?Iri LDTSON COT•:~11i~n~ LTD. , A CORPORATIO?~T ORGANZZL'P l~TVTD I:XISTIZJG UiTDr::~ ATTD BY TdIRTUT' OF' THE LtL"IS OF fir STAmE OF CALIFORl`TIA , A FRATZCI~SE FOR A PERIOD OF FIF~i'Y (50) YEARS , TO COidSTRITCT, OPERATE, ALTE~~, ;--'I,E1.IT~TAITd AND USE 1~PT ELECTRIC DISTRIl.UTIO~T I~TD TR~~aSiTIS~IOPT SYSln:,i CO?'?SISTINE OF' POLES, CROSSAI'~~TS, COTdDUITS, CAELES, '"1IRI'S ~~`TD OT~~R APPLIANCES iu1D ArPURTEN~TCF.S, OrT, ALOT~;G, UPON, IN, UNDER STD V~CROSS CERTti.Ir? STRi:ETS, ALLEYS, PUBLIC IiICrII'•IAYS AND ~'UBLIC PLACES '•IITIiIPT THE CITY OF VERNO N, ATT D ~i' C USI: 1~TdD OPl RkTE :itT CH SYSTE.i ~LLLY FOR TFiL PURPOSE OF DISTRIBUTIrTG rLECTRICITY "?ITHIiT ~yr~, CITY OF VFRI~TO?S TO THi'; CITY ITSELF 1'iND 'i'0 Tlil~ LOS ArTGFLI.;S RAILWAY CORPORiiTION FOR RiyIL'•AY FURFOSk S OIV'LY, AT,TI) ~1~0 TRA'~TST'IIT }~EC- TRICITY THROUGIT Tfil~ CITY OF VEI?NO°:1 TO SERVE COTTE~ZJNITII'S ru~Tn CO:~'dSLTT•~TERS OU:'SIDE -CI TY OF VERNOT•T. The City Council of the City of zlernon, State of California, does ordain as follo;^as: SECTION 1. That a franchise be, and the sane is here- by granted tc SOUTE~;?rT CALIFOR"TIA EnISOr? COP;PAPT`~ LTD. , a corpora- tion organized and e misting under. and by virtue of the la .JS of the State of California, its successors and assigns, for a I;eriod of fifty (54) years, to construct, operate, alter, maintain and use an electric distribution and transmission system consisting of poles, crossarrss, conduits, .cables, trsires, and other appliances. ar~d appurtenances (other tT-iarr to~rrers), for the purpose of conducting, transmitting and distributing electricity and electric energy for light, heat and povTer purposes and for any and all other purposes for vJhich electricity can be used, on, along, upon, ire, under and. across the following streets, alleys, public high- ;Mays and public places vrithin the City of Vernon, State of California : Alameda Street from 55th Street to Slauson Avenue. Santa Fe Avenue frori I''ruitland Avenue to South citSr boundary and from "lest drive of Pacific Boulevard North approXimately 350 feet. T.Tal~.bar Street from Fruitland•Avenue to 52nd. Street. ?Vest drive of Pacific Boulevard from Santa Fe hvenue to 52nd Street. l Soto Street from Leonis lwenue {4£~th Street) to Fruitland Avenue . -1- Boyle Avenue from Leonis Avenue (48th Street.) to Fruitland «venue. i~7agnolia Avenue from Vernon Avenue to Leonis Avenue (48th Street). Downey Road from the intersection of Downey Road and Jaboneria Road South about 400 feet to city boundary.- . Downey Road from Vernon 2'~venue North about .200 feet to city boundary. Do~,vney Road. from Leonis Avenue (48th Street) to Fruitland Avenue. East 26th Street from Los Angeles and. Salt Lake Railroad (San Pedro Branch) easterly about 2100 feet to city boundary.. Vernon Avenue from Santa Fe Railroad .(Redondo Branch) to Downey Road. Leonis Avenue (48th Street) from"lest drive of Pacific Boulevard to Downey Road. Fruitland Avenue from Santa Fe Avenue to Downey Road. 52nd Street frog Santa Fe Avenue to ?"Jest drive of Pacific Boulevard. 55th Street from .Alameda Street to Santa Fe Avenue. 57th Street from Santa Fe Avenue East about 150 feet to city boundary. Slauson Avenue from Alameda Street east about 300 feet to city boundary. Slauson Avenue from Santa Fe Avenue sr~sst about 300 feet to city boundary. Slauson Avenue from Dortney Road west approxi^~ately 600 feet.. Randolph Street from t'lest cit~r boundary to East city boundary. Said system to be used solely for the purpose of distributing Electricity ~,aithin thy; City of Vernon to the City itself , including any departm~;nt thereon"', and to the Los Angeles Ralvray corporation, its successors and assigns, for raih.°ay purposes only, and to transMit ~:lectricity through the City of Vernon to .serve cor.~unities and consumers outsidE the City of Vernon; this franchise permits the use of telephone circuits incidentally useful or convE:nient in connection with the operation of said transmission and distribution systems, upon any of .said streets and also upon the follovring additional streets, to wit , Santa Fe Avenue from the North city boundary South to a point approxi;.~ately three hundred fifty (350) feet North from the ~~Jest drive of Pacific Boulevard; Santa Fe Avenue from the "1E St drivE of Pacific Boulevard to Fruitland Avenue; Soto Street from the, North city boundary to Leonis Avenue (48th Street). SECiIOTd 2. The terms and conditions on ~rhicr this franchise is granted are as follows: ..2~ The electrical transmission and distribution system to be constructed and operated under this franchise shall be built in a good and ~.vorkmanlike manner and of good material, and all t~rires extending over or along any of said streets, high~~vays or public places shall be placed at least twenty (20) feet from the ground, or at such other reasonable height o.r distance as said City Council may, by ordinance or resolution, provide, and shall be thoroughly insulated and protected by guard ~rires ~rherever necessary, and all polES to be erected and maintained hereunder to be at least six (G) inches in diameter at the base and four (4) inches in diameter at the top and at least t:venty (20) feet in height. Said system and all component parts thereof shall be. constructed in accordance and conformity with the statutes of the State of California, and •~;2th the rules and regulations, if any, of the Railroad Commission of the State of.' California, or any other body. having jurisdiction to prescribe the mode of construction of said system. Said system and all component parts thereof shall be constructed of good material, and shall, solely at the expense of the grantee of this franchise, its successors or assigns, be constructed, erected, located, re-located, maintain- ed, and/or replaced in conformity T,vith the ordinances, resolutions, and instructions from the. .City Council, provided that said instructions and regulations of the City Council are not in conflict with any paramount authority of the State of California; and before commencing-. any work or construction hereunder the grantee, its successors or assigns, shall make app lication for,. and obtain, any permit Cher. required by ordinance or by general law then in force. Unless otherwise ordered by the Street Superintendent or City Engineer, all poles shall be placed in the street or highway six (6) feet from the property line where there are no side:valks and where the property is not platted, and flush with the property side of the curb where there are sidE~walks and -3- where the property has been platted, .and adjacent poles shall not be placed. nearer together than one hundred (I00) feet, except at street crossings and cross-roads or ~:rhere necessary to support transformers or other electrical equipment vrhich cannot be mounted on a single pole, or vuhere .the public safety requires. The vvork of erecting, locating, re-locating, riaintaining, repairing and/or replacing such poles, cvires, cables, crossarms, conduits, guy wires, insulators and all other necessary and convEniEnt appliances or attachments, shall bE conducted t.+rith the least possible hindrance to the use of said streets, alleys, public highways, and public places for the purpose of travel, and as soon as such ~,rork is completed all streets, alleys, public highways, and public places which have been eXcavated or other•~vise changed or injured thereby, shall be placed in as good condition as the same T~rere in before such work t~ras oouanenced anal to the satisfaction of the City Council of said City. The grant~:e of this franchise, its successors or .assigns, shall indemnify, protECt and. save harmless said City and the. officers thereof against and from all liability or claims thereof to .any persons or property, arising from damage or injury suffered by reason of any excavation or other work being improperly guarded during said ~-vork. The City of Vernon reserves the right to change the grade of any street, avenue, hightway, lane, alley,. and public traveled :vay on, along, upon, in, under or across .which this fran- chise is granted, and the grantee of this franchise, its successors or assigns, shall at once, at its own cost and expense, change the location of all lines or other appliances erected or installed under this franchise , so as to conform to said change of grade as hereinbefor~ provided, ^rithout any recourse for da-nage what so- ever against the City of Vernon on account thereof. If the grantee of this franchise , its successors or -4- assigns, fails to comply ~-rith any of the written instructions of said City Countil, Street S~iperintendent or City Engineer of said City, with respect to the location, erection, operation, or main- tenance of said poles, ~rires, cables, appliances and conduits, or any of them, or any part thereof, or the repair of any damage to said streets, avenues, hi~:h,vays, lanes, allege, or public traveled ways, within ten (10) days after the service of ~~rritten r~tice upon said grantee, its successors or assi~s, requiring compliance therewith, then said City Council, Street Superintendent or City Engineer may immediately do ~.rhatever tisrork is necessary to carry out said instructions, at she cost and expense of said grantee,. its successors or assigns, ~,vhich costs, by thE; acceptance of this franchise, said grantee, its successors or assigns, agrees to pay upon demand. No transmission or distribution lines shall be const ruct- ed or rsaintained hereunder carryinf:° voltages in excess of 75,000 volts, nor shall any thereof be located on both sides of any streEt, highzlvay, lane, all~;y, or public traveled :ray, vrithout the t~vritten consent of the City Council of the City of Vernon so to do first had and obtained. SECTION 3. The work of erecting the poles and wires hereunder shall be commenced in good faith ~rithin not more than four (4) months from the granting of this franchise, and if not so commenced ~~rithin said tide, this franchise shall be declared forfeited; provided that ar~y system no~v constructed which is noT.~r or shall hereafter be operated -°aithin said City of Vernon by the grantee of this franchise, shall be considered as constructed under the provisions of this franchise. The; ~~rork hereunder shall be prosECUted diligEntly and in good faith by the grantee of this franchise so as to meet and fill the reasonable neE;ds of thE: inhab- itants of the tErritory for the: services for ~tdhich this franchi se is granted. -5- SECTION 4. The grantee shall, during the life of this franchise, pay to the City of Vernon, in la~:vful money of the United States, two per cent (20) of the gross annual receipts of said grantee arising from thy; use , operation and possession of this franchise ~nrithin the corporate limits of the City of Vernon, including, moneys received for the use, sale, rental or furnishing of electricity for any and all purposes for v,~hich electricity can be used, said payment to be computed and paid in the manner pro- vided by law. The grantee of this franchise, being a corporation owning, operating and maintaining an exist irk .electric distribu- tion and transmission system Twithin the City of Vernon, said payment of tivo per cent (2j~) of gross receipts shall begin c~ith the first year succeeding; the date of this franchise, and it shall be the duty of such grantee, Betz°Teen January 1, 1938 and Pdarch 1, 1938, and bet.veen January 1 and P:Zarch 1 of each and every calendar year thereafter, to file ~rtith the City Clerk, a statement verified by the oath of said grantee, or by the oath of the president , secretary or general manager of said grantee , showing in detail and in total ail gross receipts and gross earnings collected or received by said grantee during the preceding calendar yEar from the use, sale, rental or furnishing of elec- tricity for any and all purposes for which electricity can bE used, for any and all parts of said system located within the corporate limits of the City of Vernon. "~ithin ten (10 ) days after the .filing of said statement in any year, it shall be the duty of said grantee to pay to the City TreasurE:r two per cEnt (2~0) of the total amount of gross receipts sho~~m on such statement. If, in the judgment of the Cit-* Council, the amount tendered in payment is incorrect, said Council may order the pay- ment of such. additional sum as it ray find due , and if said payment in the correct amount is not made., sane may be collected by suit. ..g- To Er;able: said Cit~~,, to ascertain thc.; true amount payable, said City or any duly authorized a~;~;nt of said City shall, at any reasonable time or times, have access to all books, accounts and records of said grantee, its successors or assigns, vrhich racy Le material to said matters; and any neglect, omission or refusal of said grantee, its successors or assi~s, to file said verified statement or to permit said inspection or to pa3* the said percentage of the said gross annual receipts at the times and in the r2anner hereinbefore provided, shall ipso facto. :-cork a forfeiture of this franchise and all the rights hereunder to the said City of Vernon. SECTION 5. The grantee of this franchise, its successors or assigns, shall, during the life of this franchise, furnish, free of cost and expense to said City of Vernon and the various departments thereof located in the Vernon City Fall, all electric- - _ ity and electric energy necessary or convenient for the purpose of _ _ ~ supplyin~~ said City Ball building, including the City Jail, Faith light, heat, .and incid.enta3_; potaer at voltages not to exceed approx- imately those nol~~ in use in said buildings. SECTION 6. `"'henever any portion of the territory covered by this franchise shall be '.annexed to, or otherwise become a p~.rt of, any other municipal corporation or of the County of .Los Angeles, or of any other county, the rights reserved under this franchise to the City of Vernon, or a,ny officer thereof , .shall inure t o the benefit of such municipal corporation ar county and its appropriate officers. SECTI02~1 7. The grantee, its successors or assigns, shall not sell, assign, or transfer this franchise, or any of the rights or privilerye.s granted hereby, except upon written notice to be filed ~~aith the City Clerk of said City at least tern (10) days prior to the sale, transfer, or assignm~;nt thereaf, within v~hich said period, or other period permitted by the City Council upon appli- cation there:for., the grant~;e., i'cs successors or assigns, shall, -7- upon request of the City Council, furnish it vuith such other statements or inf ormation as the City Council may reasonably require tivith reference to such sale, assignment or transfer. Any neglect, omission or refusal o~' said grantee, its successors or assigns, to give such notice or furnish such statements or infor- mation, shall, at the option of said City, nullify and r.~ake void and of no effect t^rhatsoever such sale.,. assignment or transfer, or purported sale, assigru?~_nt or transfer, of this franchise; pro- vided, however, that in all cases of sale, assignt~:nt or transfer a duplicate signed copy of such original sale, assignment or transfer must be filed ~^rith the City Clerk of thy: City of Vernon,. together with a written acceptance of said franchise and agreement to be bound therEby duly executed by any such purchaser, assignee, or transferee. No sale, assignment, or transfer, as herein pro- vided, of this franchise or of any of the rights of privileges granted hereby shall rel~;ase the grantee, or any subsequent pur- chaser, assignee, or transferee, from any of his, its or their duties or obligations hereunder, unless,. expressly released in writing by the City of Vernon. SECTION 8. This ordinance shall take effect thirty (30j days from and after the date of its adoption, and the grantee, within said thirty (30) day period, shall file with the City Clerk a written acceptance of the same; and shall keep, observe, and perform all of the terms and conditions in this franchise provided to be kept, observed and performed btr said grantee, its successors or assigns. Any neglect, failure, omission, or re- fusal by the grantee, its successors or assigns, to coriply s~rith any of the terms or conditions of this franc hi se sha li work a forfeiture of this franchise at the election of the City. ~`,Then- ever it is provided in this franchise that this franchise shall bE forfeited, declared forfeited, ~.vork a forfeiture , or similar phraseology is used, the sane sha]_1 be deemed to 1TiEsan that the -8- same shall be .forfeited at the option of t}.ie City acting through the City Council or other governing body of said City having jurisdiction thereof. SECTION 9. The City of Vernon shall, at all times during the term hereof, have the right to use the poles and con- duits of grantee, its successors or assigns, for the purpose of constructing, maintaining, renewing, replacing, and operating such wires and cables as it may, at its discretion, deem necessary in connection with its fire and police alarm systems, the operation of its vrater system, and for telephone and telegraph purposes relating to official. municipal business. SECTION 10. The Cite Clerk .shall certify to the passage of this ordinance by a vote of a majority of all of the members of the City Council, and ;;rithin fifteen (15} days after the passage of this ordinance, there being no nEwspaper published and circulated Twithin the City of Vernon, shall cause this ordinance to be posted in at least three; public places within the City of Vernon as follows, to ~:Jit: The Lobby of the City Hall, the Northwest corner of Thirty-eighth Street and Santa Fe Avenue, and the Northwest corner of Thirty-seventh Street and Santa Fe Avenue. SECTION 11. The grant of this franchise is effective only upon the furthEr. condition that the grantee shall, at all .times during the life of this franchise,, keep on file with the City Council and in full force and effect, a bond running to said City of Vernon in the pe nal sum of One Thousand Dollars (1,000.00), with sureties to be approved by- said City Council, conditioned upon said grantee well and truly observing, fulfilling and pe rforni ng E:~ ach and every tern and condition of this franc hi se , and that in case of any breach of condition of said bond the whole amount of thy; penal sum ther~:in named shall be taken and - 9- deemed to b e liquidated damages, and shall be recoverable from the principal and sureties on said bond. SECTION 12. The provisions of this francr~ise and all rights, obligations and. duties hereunder shall inure to and be binding upon the grantee, its successors and assigns. The foregoing Ordinance i s hereby approved this 4th day of Play, 1937. (Signed} J. S. FITRLONG Pllayor of the City of Vernon. I, T. S. FURLOrdG, hereby certify that the foregoing Ordinance was duly intrad.uced and fully read at an adjourned regular meeting of the City Council of the City of Vernon, held on the 28th day of April, 1937, and on the 4th day of ~qa , 1937,. at a regular meeting ofof the City Couno' 1 the title of said Ordinance was read and said Ordinance was duly passed and adopted. (Signed) T. J. F[TRLONG City Clerk, City of Vernon. -10-