Ordinance No. 903
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ORDINANCE NO. 903
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON ADDING NEW ARTICLE IX, SECTIONS 7.90
THROUGH 7.93 TO THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, PROVIDING FOR LIABILITY AND
VARIANCES AND PRESCRIBING PENALTIES FOR THE
VIOLATION OF ANY PROVISION OF ORDINANCE NOS.
899, 901, 902, 903, AND 904 WHICH ADOPTED BY
REFERENCE THE UNIFORM BUILDING CODE, 1979
EDITION, THE UNIFORM MECHANICAL CODE, 1979
EDITION, THE UNIFORM PLUMBING CODE, 1979
EDITION, THE UNIFORM FIRE CODE, 1979 EDITION
AND REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT THEREWITH
10 WHEREAS, Arthur E. Nelson, Director of Public Works/
11 Building, by memo dated June 4, 1980, recommended that the City
12 Council of the City of Vernon add a new Article Ix, Sections 7.90
13 through 7.93 to the Code of the City of Vernon, California, 1959.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
15 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That Article IX is hereby added to the Code
17 of the City of Vernon, California, 1959 and shall read as follows:
"Article IX. General
Section 7.90. Building Official Defined.
Whenever the position of Building Official is
referred to herein, the same shall be deemed to
mean the Director of Public Works/Building of the
City of Vernon.
Section 7.91. Liability.
(a)
Idemnification Agreements. Each person
upon whose behalf an application is made for any
permit under this title, and each person at whose
request and for whose benefit work is performed
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under or pursuant to a permit issued under this
title shall, and by virtue of the making of such
application or the performance of any portion of
such work agrees to, defend, indemnify, and save
harmless the City, and each of its officers,
agents, and employees, from and against all
liabilities, demands, claims, damages, losses,
costs, and expenses of whatsoever kind or nature,
including, but not limited to, any and all direct
and indirect costs of defense made against, or
incurred or suffered by, and any such indemnitee
and resulting directly or indirectly from any and
all activities and operations performed under or
pursuant to such permit or any and all activities,
operations, and conditions in any manner connected
therewith or pertaining thereto. Such indemnity
shall include, but not be limited to, any and all
liabilities, demands, claims, damages, losses,
costs, and expenses caused, or alleged to have
been caused, by any negligent or other act of any
such indemnitee.
(b) Indemnification Bonds. Whenever the
Building Official determines that any work pro-
posed to be performed under any permit to be
issued pursuant to this title might endanger any
adjoining or nearby public or private property,
he may require, as a condition precedent to the
issuance of such permit, that there be provided
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IS
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a cash bond (or a surety bond by an authorized
surety company acceptable to and approved by the
City Attorney) in a substance and form acceptable
to and approved by the City Attorney, in a penal
sum prescribed by the Building Official, con-
ditioned upon the repair, in the manner directed
by and strictly in accordance with the require-
ments of the Building Official, or any and all
damages to private property (other than utilities)
which, in the opinion of the Building Official,
was wholly or partially caused as the direct or
indirect result of any work under such permit and,
at the option of the Public Works Director,
either (1) the repair, in the manner directed by,
and strictly in accordance with the requirements
of, the Public Works Director, of any and all
damages, to public wages, other public property,
substructures, and utilities (whether private or
publicly owned) which, in the opinion of the
Public Works Director, was wholly or partially
caused as the direct or indirect result of any
work under such permit, or (2) the payment of
the cost of any such repairs made by the City
or the owner of any utility, or both.
(c) Insurance. Whenever the Building
Official determines that any work proposed to
be performed under any permit to be issued pur-
suant to this title might constitute more than
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ordinary hazard to human life or might endanger
any adjoining or nearby public or private
property, he may require, as a condition
precedent to the issuance of such permit, that
there be provided and maintained either or both
of the following insurance coverages in an
amount recommended by the Building Official and
approved by the City Attorney in substance and
form and by an insurance company acceptable to
and approved by the City Attorney:
(1) Personal injury and property
damage coverage as to all work to be performed
under such permit; or
(2) The following coverage, for the
benefit of the City, either by way of endorsement,
or separate policy, or such modification thereof
as may be acceptable to and approved by the City
Attorney:
The company agrees to defend, in-
indemnify, and save harmless the City and each of
its officers, agents, and employees from and
against any and all liabilities, demands, claims,
damages, losses, costs, and expenses of whatsoever
kind or nature, including, but not limited to, any
and all direct and indirect costs of defense made
against, or incurred or suffered by, any such in-
demnitee as a direct or indirect consequence of
injury, sickness or disease, including death,
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to persons or injury to, or destruction of,
property, including, but not limited to, the
loss of use of property, resulting directly
or indirectly from, or in any manner connected
with or pertaining to, the hereinafter described
activities and conditions.
This indemnity shall include, but
not be limited to, any and all liabilities,
demands, claims, damages, losses, costs, and
expenses claimed by any named insured or by any
officer, agent, or employee of any named insured
or caused, or alleged to have been caused, by
any negligent or other act of any such indemnitee.
Written notice to the company or any
of its authorized agents by any such indemnitee
of any liability, demand, claim, damage, loss,
cost, or expense as soon as practicable after
such indemnitee acquires knowledge thereof shall
constitute sufficient compliance with the re-
quirements for notice under this policy for the
purpose of this endorsement.
This policy shall not be cancelled,
nor shall there be any reduction in coverage or
limits of liability, unless and until thirty (30)
days written notice thereof has been served upon
the City Clerk of the City of Vernon. This en-
dorsement shall control over all other provisions
of this policy and other endorsements thereto.
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Described activities and con-
ditions: All operations, activities, and
conditions in any manner connected with or
pertaining to any work performed under the
following described permit: (Describe permit).
Special exclusions applicable to
the coverage: The coverage granted by this
endorsement does not apply:
(1) To liabilities assumed by
the City of Vernon and each of its officers,
agents, and employees under any contract or
agreements;
(2) To any obligations for which
the City of Vernon may be held liable under any
Workers' Compensation or disability benefits'
law or under any similar law; or
(3) To injury to, or de-
struction of, property owned or occupied by or
rented to or used by the City of Vernon, its
officers, agent9, and employees.
(d) Exercise of Rights. The Building
Official shall have no duty to exercise any of
the discretionary rights granted to him by sub-
sections (a), (b), and (c) of this section, and
his failure to exercise such rights shall give
no right or cause of action to any person.
Section 7.92. Variances or Exceptions.
Whenever the City Council of the City of
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Vernon shall find that changes or modifications
in the requirements contained in the Codes are
necessary because of local conditions, the City
Council may, in its discretion and subject to
such conditions and limitations, as it may impose,
relieve an applicant for a permit from one or
more of the requirements of the Uniform Building
Code, Uniform Mechanical Code, Uniform Plumbing
Code, and the Uniform Fire Code (hereinafter
referred to as "Codes"), or any other Ordinance
of the City of Vernon relating to building con-
struction, drainage, street frontage requirements,
health or fire requirements, insofar as they
relate to the building construction, and without
limiting the foregoing, may authorize the sub-
stitution of materials, types of construction
and safety equipment or devices. No change or
modification of the requirements contained in
said Codes shall be authorized by the Council
as to any hotel, lodging house, motel, apartment
house or dwelling, or portion thereof, or any
building or structure accessory thereto, unless
the Council first makes a written finding that
such modifications or changes are needed; makes
such findings available as a public record and
transmits a copy thereof, together with the
modification or change, to the Department of
Housing and Community Development.
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All applications for permits seeking the.
allowance of a variance or exception from the
requirements of said Codes shall be presented
to the City Council by the Building Official,
or the Fire Chief with his written recommendations.
The Building Official or Fire Chief shall, prior
to making his recommendations, solicit and
include therein the recommendations of other
departments of the City which may be affected by
the request for a variance or exception from the
requirements of said Codes.
Any applicant for a permit seeking a variance
or exception from the requirements of said Codes,
which variance or exception has been refused or
granted subject to conditions or limitations,
pursuant to the foregoing provisions of this
Section, may request a hearing before the City
Council for the purpose of obtaining a new or
different decision with respect to said request
for a variance or exception. Such request for
a hearing must state the following:
(1) The name and mailing address of
the applicant for purposes of the requested
hearing.
(2) A method of identification of
the application or applications involved, and the
previous decision of the Building Official or Fire
Chief or of the City Council, if any, with respect
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to each application.
(3) The specific ruling which the
applicant requests be made by the City Council
with respect to each such application.
(4) A brief summary in nontechnical
language of the points or contentions to be made
by the applicant at the requested hearing, which
summary shall be sufficient to inform any
interested person who may wish to meet or
refute applicant's presentation at the hearing.
The City Council shall set a
time and place for a hearing on such application,
provided it shall comply with the foregoing
requirements, which hearing shall take place not
more than thirty (30) days after receipt of the
applicant's request, and upon not less than 10
days' written notice from the City Clerk, mailed
to the applicant by United States mail, postage
prepaid, to the address shown on the request
for hearing. In the event that the request
for hearing does not comply with the foregoing
requirements, no hearing shall be set and the
City Clerk shall advise the applicant of the City
Council's findings and that no hearing shall be
set until such requirements are met. Such latter
notice shall be mailed by the City Clerk to the
applicant by United States mail, postage prepaid,
to the address shown on the request for hearing,
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and if no adequate address is shown thereon,
the City Clerk shall make a reasonable
effort to locate an address for the applicant
to which the notice may be mailed, and,
failing to find such address, no notice shall
be sent.
Section 7.93. Violations and Penalties.
Any person, firm, or corporation violating
any of the provisions of Articles I (Building
Code), V (Mechanical Code), VI (Fire Prevention
Code), VII (Plumbing Code), VIII (Abatement
of Dangerous Building Code), and this Article
IX (hereinafter referred to as "Articles") shall
be deemed guilty of a misdemeanor, and each
such person shall be deemed guilty of a
separate offense for each and every day or
portion thereof during which any violation of
any of the provisions of said Articles is
committed, continued, or permitted, and upon
conviction of any such violation such person
shall be punishable by a fine of not more than
$500 or by imprisonment for not more than six
(6) months, or by both such fine and imprisonment.
The application of the above penalty or
penalties shall not be held to prevent the en-
forced removal of the prohibited conditions.
The violation of any of the provisions of the
Codes adopted herein shall be deemed a public
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nuisance."
SECTION 2: There being no newspaper printed, published,
and circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this Ordinance and shall
post the same, or cause the same to be posted, in three of the
most public places in the City of Vernon, to wit: the northwest
corner of 38th Street and Santa Fe Avenue, the northeast corner
of Leonis Boulevard and Pacific Boulevard, and on the bulletin
board in the lobby of the City Hall of said City located at 4305
Santa Fe Avenue, all in the City of Vernon, County of Los Angeles,
State of California; that this ordinance shall be in full force
and effect thirty (30) days from and after the final passage of
the same.
APPROVED AND ADOPTED this 4th day of December, 1980.
LEONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No.
, was duly and regularly introduced
903
7 at a regular meeting of the City Council of the City of Vernon,
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held on
, and thereafter finally adopted
November 18, 1980
9 at a regular meeting of said City Council held on
December 4, 1980
, by the following vote:
AYES:
Councilmen: Ybarra, McCormick, Gonzales, Malburg
NOES:
Councilmen: NONE
ABSENT:
;.
Councilmen:
....
Kaeser
Bruce ~Ma1kenhorst, City Clerk
19 (SEAL)
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SUPPORTING
DOCUMENTS
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1
AFFIDAVIT OF POSTING
2 STATE OF CALIFORNIA )
)
3 COUNTY OF LOS, ANGELES) SS
)
4 CITY OF VERNON )
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I, BRUCE V. MALKENHORST, City Clerk of the City
of Vernon, do hereby certify that I did, on the 4th day of
December , 19~, post three (3) copies of ORD. #903 _
ProviQin~_for liability.and variances ~d pr~scriblng p~nalties for violation
Ac.@j)'::;tl1g-uniform Mechanlcal Code,.I:'lurnblng, Flre COd.e, UBC, etc. ,
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9 one in each of the following places, to wit: At the northwest
10 corner of 38th Street and Santa Fe Avenue, at the northeast.cor-
11 ner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
12 board in the lobby of the City Hall of the City of Vernon, locat-
13 ed at 4305 Santa Fe Avenue, all in said City, there being no
14 newspaper of general circulation printed and published in the City
15 of Vernon.
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Signed this 4th day of December
, 198~.
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6~~~
BRUC V. to LKENHORST, City Clerk
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Subscribed and sworn to before me
this 4th day 0 f December , 198-2-.
~g/~
Notary ub 1C in' n for the County of
Los Angeles, State of California.
.. OFFiCiALSEAf\(
. . LOIS J. HILTON I~
. NOTARY PUBLIC' CALIFORNIA I~
lOS ANGELES COUNTY Ii
L My.:=.:..ex~ires ~~6~J
'-""""-- ~ - ~ "r:::
4305 Santa Fe Jl.venue, Vernon, CA 90vJ8
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NOTICE OF PUBLIC HEARING
THE CITY COUNCIL OF THE CITY OF VERNON DOES HEREBY GIVE NOTICE TO ALL
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INTERESTED PARTIES THAT ORDINANCE NO. 903 OF THE CITY OF VERNO~ HAS HAD
4 A FIRST READING. THAT SAID ORDINANCE IS ENTITLED "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON ADDING NEW ARTICLE IX, SECTIONS 7.90 THROUGH
7.93 TO THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, DEALING \HTH
LIABILITY AND VARIANCES AND PRESCRIBING PENALTIES FOR THE VIOLATION OF
ANY PROVISION OF ORDINANCE NOS. 899, 901, 902, 903 and 904 WHICH ADOPTED
BY REFERENCE THE UNIFORM BUILDING CODE, 1979 EDITION, THE UNIFORM MECHANICAL
CODE, 1979 EDITION, THE UNIFORM PLUMBING CODE, 1979 EDITION, THE UNIFORM
FIRE CODE, 1979 EDITION AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT THERE\4ITH".
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Please take further notice that said hearing will be held on the 7th
day of October, 1980, at 2:00 o'c1ock, p.m., or as soon thereafter as the
matter may be heard, in the City Counci 1 Chamber of the City of Vernon,
located at 4305 Santa Fe Avenue, Vernon, California, for the purpose of
considering adoption of adding new Article IX, Sections 7.90 through
7.93 to the Code of the City of Vernon, California, 1959, dealing with
liability and variances and prescribing penalties for the violation of
any provision of Ordinance ,Nos. 899, 901, 902, 903 and 904 which adopted
by reference the Uniform Building, Mechanical, Plumbing and Fire Codes,
1979 Edition.
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The City Clerk shall post a notice of said hearing, in the same manner
as provided for the posting of ordinances, stating that said hearing shall
be conducted, the purpose of said hearing, and the copies of said Codes are
on file with the City Clerk and are available for public inspection.
Such notice shall also be published in accordance with Government
Code Section 6060 in the Los Angeles Dai1~ Journal which the City Council
finds to be a newspaper of general circulation nearest to the City most
appropriate for this purpose.
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Dated September 16, 1980.
t!~.
BRUCE V. MALKENHORST
City Administrator/City Clerk
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AFFIDAVIT OF POSTING
2 STATE OF CALIFORNIA )
)
3 COUNTY OF LOS ANGELES) SS
)
4 CITY OF VERNON )
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I, BRUCE V. MALKENHORST, City Clerk of the City
of Vernon, do hereby certify that I did, on the
SEP~ER , 19~, post three (3) copies
Hearing - Ord. No. 903 - Adopting Uniform Mechanical Code,
16th day 0 f
of Notice of Public
1979 Edition
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8
,
9 one in each of the following places, to wit: At the northwest
10 corner of 38th Street and Santa Fe Av~nue, at the northeast cor-
11 ner of Leonis Boulevard and Pacific Bouleyard, and on the bulletin
12 board in the lobby of the City Hall of the City of Vernon, locat-
13 ed at 4305 Santa Fe Avenue, all in said City, there being no
14 newspaper of general circulation printed and published in the City
15 of Vernon.
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Signed this 17th day of September
, 19 80 .
B1~E~
Subscribed and sworn to before me
this 18th day of September , 19~.
Nota~~ R~~ounty of
Los Angeles, State of California.
OFFICI~'L'1
LOIS J. HILTON ~ ~l'
NOTARY PUBLIC .~<\lIFORNIA ,~
lOS ANGELES COUNTY .~
My co~ires ~~~, 6~~
4305 Santa Fe Avenue, Vernon, C^ :;0058
...
PROOF OF PUBLICATION
This spece is for the County CIerIt's Filing Stemp
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
The undersigned declares as follows:
1 ar:> a citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer
of THE LOS ANGELES DAILY JOURNAL, a newspaper
of general circulation, printed and published Daily, ex-
cept Saturday and Sunday, in the City of Los Angeles,
County of Los Angeles, and which newspaper has been
adjudged a newspaper of general circulation by the
Superior Court of 1.he County of Los Angeles, State of
California, under date of June 5, 1952, Case Number
599,382: that the notice, of which the annexed is a
printed ccpy (set in type not sma!ler than nonpareil) has
been published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
fclhwing dates, to-wit:
Proof of Publication
NOTICE OF PUBLIC HEARING
THE CITY :COOHCIL OF TRE CITY OF VERNON DOES HEREBV GIVE NOTICE TO ALL
INTERESTED PARTIES THAT ORDINANCE NO. 903 OF THE CITV OF V,RNCII HAS HAD
A FIRST READING. THAT SAID' ORDINANCE IS ENTITLEO "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF. VERNON ADDING NEW ARTICLE IX, SECTIONS 7.90 THROUGH
7.93 TO THE CDOE OF THE CITVOF VERNON, CALIFORNIA, 19S9, DEALING Wllll
LIABILITY AND VARIANCES ArID PRESCRIBING PENALTIES fOR THE VIOLATION Of
ANY PROVISION OF ORDINANCE NOS. B99, 901, 902, 903 and 904 WHICH ADOPIEO
BV REFEREllCE THE UliIFORM BUILDING COOE. 1979 EDITION, TilE UNIfORM MECHA/i1CAL
CODE. 1979 EDITION. THE UNIFORM PLurlBING CODE. 1979 [[llTION. THE UNIFO~~.1
FIRE CODE, 1979 EDiTION AND REPEALING ALL ORDINANCES M1U PARTS Of OROHW!CES
IN CONFtlCTTHEREWITH'.
Please take further notIce that said hearing w,l1 be held on the 7th
day of October. 1980. at 2:00 o'clock, p.m.. or as soon t~ereafter as the
matter .may b" heard. In the City CouncIl Chamber of the CIty of Vernon,
1 oca ted at 4305 Santa Fe Avenue, Vernon, Ca 1 Horn i a, for the purpose of
considering adoption of adding new Article IX. Sections 7.90 throu'9h
7.93 to the Code of the City of Vernon, C.liforni.. 1~59. de.lin9 with
liability and variances and prescribing penalties for the violation of
.ny provIsion of Ordinance 'No$. 899, 901, 902. 903 .nd 904 which .dopted
by reference the Uniform Building. Mechanical, Plumbin~ and Fire Codes,
1979 EdItIon.
SEP 2 5 1980
The City Clerk shall post a notice of said hedring, in the same manner
.5 prOVided for the postl119 of ordinances. st.ting th.t said hearin9 sh.ll
be conducted. the pur~.. of "sa'id hearing, and the copies of said Codes are
on fIle with the Clty.~~. .re available for publ ic inspection.
Such notIce Shan'~'"!'I'blished in accordance with Government
Code Section 6060 In t",c),itllg~ts Daily Journal whiel> the City C,uncil
fInds to be . nwsp.pel'.i!f..iOcm....l clrcul.tion nearest to the City most
.pproprlat. fol' tkls PUl'pOs..
,l:;",' ;,),;}
O.tedS~b~.1' i~~.1980. '/1 ~.
B&?~RST
City Adminlstr.tor/City Clerk
all in the year 1980.
I certify (or declare) under penalty of perjury thllt the
foregoing is true and correct.
Executed at Los Angeles, California.
_.._..mm.___...... .moo_, ._SE.e.oo?J?_ooJ~9._____.. ,_________. _.__00___'"
(J014567) Sept 25
..~...._.---.....~
Sig~ature
THE LOS ANGELES DAILY JOURNAL
IEflTABLISHED IS..
210 South Spring Street; P.O. Box 54026
Los Angeles. California 90054
Telephone (213) 625-2141
PROOF Of .....CAnON