Loading...
Ordinance No. 611 f ,. ( ( 44575 '''-1 ORDINANCE NO. hI, AN ORDINANCE OF THE CITY OF VEIUiON, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LA\'lS OF THE STATE OF CALIFORNIA: A FRANCHISE FOR A PERIOD BEGINNING ON THE DATE OF THIS ORDINANCE AND ENDING THE FOURTH DAY OF MAY 1987 TO CONSTRUCT, OPERATE! ALTER, MAINTAIN MrD USE MI ELECTRIC DISTRIBUTION AND TRANSMISS ON SYSTEM: CONSIS'TING OF POLES, CROSSAill4S, CONDUITS CABLES, \uRES AND OTHER 'APPLIANCES AND APPURTENANCES, {OTHER THAN TOWERS), ON, ALONGl UPON! IN, UNDER AND ACROSS CERTAIN STREETS, ALLEYS, PUBLIC HluH- WAYS AND PUBLIC PLACES w1:THIN THE CITY OF VERNON NA~1ELY SOTO STREET FROM LEONIS AVENUE (48TH STREET) TO THE SOUTH BOUNDARY LINE OF SAID crTY; SLAUSON AVENUE FROM APPROXIMATELY 70 FEET WEST OF ALCOA AVENUE EAST, TO APPROXIMATELY 600 FEET \1.EST OF DO\~EY ROAD; ALCOA AVENUE FROM 70 FEET NORTH OF SLAUSON AVENUE SOUTH TO THE SOUTH END OF ALCOA AVENUE, M~D TO USE AND OPERATE SUCH SYSTEM SOLELY FOR THE PURPOSE OF DIS- TRIBUTING ELECTRICITY vUTHIN THE CITY OF VERNON TO THE CITY ITSELF AND TO THE LOS M~GELES TRANSIT LINES2 ITS SUCCESSORS OR ASSIGNS FOR RAILWAY PURPOSES ONLY, AND ~O BETHLEHEM STEEL CORPORATION, ITS SUCCESSORS OR ASSIGNS! AT ITS STEEL PLANT AT THE CORNER OF ALCOA AVENUE AND SLAU~ON AVENUE IN SAID CITY OF V"BRNON ' AND TO TRANSMIT ELECTRICI'I'Y THROUGH THE CITY OF VERNON TO SERVE COW~NITIES AND CONSUMERS OUT- SIDE THE CITY OF VERNON ',AND FOR TELEPHONE CIRCUITS ON SAID - PORTIONS OF SAID STREETS INCIDENTALLY USEFUL OR CONVENIENT IN CONNECTION WITH THE OPERATION OF SAID TRANS~USSION M~D DIS- TRIBUTION SYSTEM. The City Council of the City of Vernon, State of California, does ordain as follows: SECTION 1. That a franchise be, and the same is hereby granted to SOUTHEfu1 CALIFORNIA EDISON COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, its successors and assigns, for a period beginning on the date of.this ordinance and ending the fourth day of ~my 1987, to construct, operate, alter, maintain and use an electric distribution and transmission system consisting of poles, crossarms, conduits, cables, wires, and other appliances and appurtenances (other than towers) for the purpose of conducting, . , ' "';~:-.. '':.. " , t transmitting and distributing electricity and electric energy, for light, heat and power purposes and for any , and al~ othe~ purposes for which electricity can be used, on, along, upon, in, under and across the following streets - Soto Street from Leonis Avenue (48th Street) to the South boundary line of said city; Slauson Avenue from approximately 70 feet West of Alcoa Avenue East, to approximately 600 feet West of Downey Road; Alcoa Avenue from \t i \" I, I. ,\l' ~, .~ ;.... \\ ~'." \ \, r. \: " !J f -1- ( 44576 70 feet North of Slauson Avenue South to the South end of Alcoa Avenue in the City of Vernon, State of California. Said system to be used solely for the purpose of dis- tributing electricity within the City of Vernon to the City itself, including any department thereof, and to the Los Angeles Transit Lines, its successors or assigns, for railway purposes only, and to Bethlehem Steel Corporation, its successors or assigns, at its steel plant at the corner of Alcoa Avenue and Slauson Avenue in said city of Vernon, and to transmit electricity through the City of Vernon to serve communities and consumers outside the City of Vernon; this franchise permits the use of telephone circuits upon said portions of said Streets incidentally useful or convenient in connection with the operation of said transmission and distri-- bution system, upon any of said streets. SECTION 2. 'rhe terms and conditions on which this fran- chise is granted are as follmlS: The electrical transmission and distribution system to be constructed and operated under this franchise shall be built in a good and workmanlike manner and of good material, and all wires extending over or along any of said streets, highways or public places shall be placed at least twenty (20) feet from the -2- r .1 ,I I ./ ---,~ ,....-~ "-" I 'I ,,'- I) i '- l --..... ) . at the expense of the grantee of this franchise, its successors or assigns, be constructed, erected, located, re-located, maintained, and/or replaced in conformity with 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~ication for, and obtain, any permit then required by ordinance or by general law then in force. Unless other- \rlse 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 sidewalks and where the property is not platted, and flush With the property side of the curb where .- there are sidewalks and where the property has been platted, and adjacent poles shall not be placed nearer together than one hundred (100) feet, except at street crossings and cross-roads or where necessary to support transformers or other electrical equipment which cannot be mounted on a single pole, or where the public safety requires. The work of erecting, locating, re-locating, maintaining, repairing and/or replacing such poles, wires, cables, crossarms, conduits, guy wires, insulators and all other necessary and con- ,~ , venient appliances or attachments, shall be conducted with the least possible hindrance to the use of said streets, alleys, pub- lic highways, and public places for the purpose of travel, and as soon as such work is completed all streets, alleys, public high- ways, and public places which have been excavated or otherwise changed or injured thereby, 'shall be placed in as good condition as the same were in before such work was commenced and to the '~''''' "... satisfaction of the City Council of said City. The grantee of this franchise, its successors or assigns, shall indemnify, protect and save harmless said City and the -3- r ( 44578 officers thereof against and from all liability or claims therefor to any persons or property, arising from damage or injury suffered by reason of any excavation or other work being improperly guarded during said work. The City of Vernon reserves the right to change the grade of any street, avenue, highway, lane, alley, and public traveled way 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 Ot~ 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 hereinbefore provided, without any recourse for damage whatsoever against the City of Vernon on account thereof. If the grantee_ of this franchise, its successors or assigns, fails to comply with any of the written instructions of said City Council, Street Superintendent or City Engineer of said City, with respect to the location, erection, operation, or main- tenanCe of said poles, wires, cables, appliances and conduits, or any of them, or any part thereof, or the repair of any damage to said streets, avenues, highways, lanes, alleys, or public traveled ways, within ten (10) days after the service of written notice upon said grantee, its successors or assigns, requiring compliance therewith, then said City Council, Street Superintendent or City Engineer may immediately do whatever work is necessary to carry out said instructions, at the cost and expense of said grantee, its successors or assigns, which 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 constructed "- .~"I:. or maintained hereunder carrying voltages in excess of 75,000 volts, nor shall any thereof be located on both sides of any street, high- way, lane, alley, or public traveled way, without the written con- sent of the City Council of the City of Vernon so to do first had -4- r ( 44579 and obtained. SECTION 3. The work of erecting the poles and wires hereunder shall be commenced in good faith within not more than four (4) months from the granting of this franchise, and if not so commenced within said time, this franchise shall be declared forfeited; provided that any system now constructed which is now or shall hereafter be operated within said City of Vernon) upon, under, or along said portions of said streets, by the grantee of this franchise, shall be considered as constructed under the provi- sions of this franchise. The work hereunder shall be prosecuted diligently and in good faith by the grantee of this franchise 80 as to meet and fill the reasonable needs of the inhabitants of the territory for the services of which this franchise is granted. SECTION 4. The grantee shall, during the life of this franchise, pay to the City of Vernon, in lawful money OI the United States, two per cent (2%) of the gross annual receipts of said grantee arising from the use, operation and possession of this franchise within 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 which electricity can be used, said payment to be computed and paid in the manner provided by law. The grantee of this franchise, being a corporation o~ming) operating and maintaining an existing elec- tric distribution and transmission system within the City of Vernon, said payment of two per cent (2%) of gross receipts shall begin with the first year succeeding the date of this ,franchise, and it shall be the duty of such grantee, between Jan. 1st ,1948 and Har. 1st , 1948 and between Jan. 1st and Mar. 1st of each and every calendar year thereafter, to file with 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 all gross receipts and gross earn- \ ings collected or received by said grantee during the preceding -5- (" (- 44530 calendar year from the use, sale, rental or furnishing of electricity 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. Within 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 Treasurer two per cent (2%) of the total amount of gross receipts shown on such statement. If, in the judgment of the City Council, the w~ount tendered in payment is incorrect, said Council may order the payment of such additional sums as it may find due, and if the said payment in the correct amount is not made, same may be collected by suit. To enable said City to ascertain the true amount payable, said City or any duly authorized agent of said City shall, at any reasonable time or times, have access to all books, accounts and records of said grantee, its suc- cessors or assigns, which may be material to said matters; and any neglect, omission or refusal of said grantee, its successors or assigns, to file said verified statement or to permit said inspec- tion or to pay the said percentage of the said gross annual receipts at the times and in the manner hereinbefore provided, shall ipso facto work a forfeiture of this franchise and all the rights here- under 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 the said City of Vernon and the various ".-,< departments thereof located in the Vernon City Hall, all electricity \ - and electrical energy necessary or convenient for the purpose \: of supplying said City Hall building, including the City Jail, with light, heat, and incidental power at. voltages not to exceed approx- imately those now in use in said buildings. SECTION 6. vfuenever any portion of the territory covered by this franchise shall be annexed to, or other\dse become a part of, any other municipal corporation or of the County of Los Angelest;", or of any other county, the rights reserved under this franchise to -6- { (- 44581 the City of Vernon, or any officer thereof, shall inure to the benefit of such municipal corporation or county and its appropriate officers. SECTION 7. The grantee, its successors or assigns, shall not sell, assign, or transfer this franchise, or any of the rights or privileges granted hereby, except upon written notice to be filed with the City Clerk of said City at least ten (10) days prior " . to the sale, transfer, or assignment thereof, within which said period, or other period permitted by the City Council upon appli- cation therefor, the grantee, its successors or assigns, shall, upon request of the City Council, furnish it with such other state- ments or information ,as the City Council may reasonably require with reference to such sale, assignment or transfer. Any neglect, omission or refusal of said grantee, its successors, or assigz:s, to give such notice or ~~rnish such statements or information, shall, at the option of said City, nullify and make void and of no effect iflhatsoever, such sale, assignment or transfer, or pur- ported sale, assignment or transfer, of this franchise; provided, however, that in all cases of sale, assignm~nt or transfer a duplicate signed copy of such original sale, assignment or transfer must be filed with the City Clerk of the City of yernon, together with a written acceptance of said franchise and a~reement t~ be bound thereby duly e~ecuted by any such purch~ser, assignee, or transferee. No sale, assignment, or transfer, as herein provided, of this franchise or of any of t~e rights or privileges grant~d hereby shall release the grantee, or any subsequent purchaser, 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 ., \ \ ,.~ , " ' \ . .......Y- \:" (30) 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, -7- '- ( ( ~_ ,4, ,- . -, 44~dL "~ observe, and perform all of the terms and conditions in this franchise provided to be kept, observed and performed by said . . grantee, its successors or assignso Any neglect. failure>> omis- sion, or refusal by the grantee, its successors or assigns, to comply with any of the terms or conditions of this franchise shall work a forfeiture of this franchise at the election of the City. \menever it is provided in this franchise that this franchise shall be forfeited, declared forfeited, work a forfeiture, or similar phraseology is used, the same shall be deemed to mean that the same shall be forfeited at the option of the City acting through the City Councilor other governing body of said City having jurisdiction thereofo SECTION 9. The City of Vernon shall, at all times during the term hereof, have the right to use the poles a.'ld con- duits of grantee, its successors or assigns, for the purpose of . . " . , ' constructing, maintaining, renewing, replacing, and opera"ing 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 water system, and for telephone and telegraph purposes relat- ing to official municipal business. SECTION lO. The City 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 within fifteen (15) days after the pas- sage of this ordinance, there being no newspaper published and circulated within 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 wit: The Lobby of the City Hall, - The Northwest corner of Thirty-eighth Street and -:;;~ Santa Fe Avenue, and The llorthwest corner of Thirty-seventh Street and Santa Fe Avenue. SECTION 11. The grant of this franchise is effective -8- ~ '......; r- ( ,r 445&. v 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 penal sum of One Thousand Dollars ($1,000.00) with sureties to be approved by said City Council, conditioned upon said grantee \'1ell and truly observing, fulfill- ing and performing each and every term and condition of this franchise, and that in case of any breach of condition of said bond the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recover- able from the principal and sureties on said bond. SECTION 12. The provisions of this franchise and all . I rights,obligations and duties hereunder shall inure to and be binding upon the grantee, its successors and assigns. The foregoing Ordinance is hereby approved this December 2nd day of ,l947. J. B. Leonis IIJIayor of the City of Vernon I, T. J. Furlong hereby certify that the foregoing an- ~~d ~ of Vernon, held , .u day of _ecembef Ordinance was duly introduced and fully read at regular meeting of the City Council of the City . . on the 18th day of November ,1947, and on the 2nd 1947, at a reg~lar meeting of the City Council the title of said Ordinance was read and said Ordinance was duly passed and adopted. .T. J. Furlong , City Clerk, City of Vernon -9-