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Ordinance No. 938 +..~--'"--_._~--~"----,----------~"-.._-_.-_."._'"~--"-----. 1 2 3 4 5 6 ORDINANCE NO. 938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING THE CODE OF THE CITY OF VERNON, CALIFORNIA 1959 BY AMENDING SECTIONS 22.72 AND 22.89 OF SAID CODE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH, SPECIFICALLY ORDINANCE NO. 893 7 WHEREAS, Section 22.72 of the Vernon City Code requires 8 the holder of an encroachment license to pay an annual fee; and 9 WHEREAS, Section 22.89 of the Vernon City Code requires 10 the holder of a franchise to pay an annual fee; and 11 WHEREAS, the City Council of the City of Vernon wishes 12 to provide an alternate method whereby the fees for the twenty- 13 five (25) year term could be paid in one sum. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 15 THE CITY OF VERNON AS FOLLOWS: 16 SECTION 1: That the City Council of the City of Vernon 17 hereby finds and determines that the recitals contained herein- 18 above are true and correct. SECTION 2: That Section 22.72 of the Vernon City Code 19 20 is hereby amended to read as follows: 21 22 23 24 25 26 27 28 "Sec. 22.72. Same - Fees. The schedule of license fees shall be those established and adopted by the city council from time to time. Before a license is granted, the licensee shall deposit with the city clerk for payment to the city, cash or check, the fee for granting the license, in accordance with the license agreement. The licensee shall 1 also pay to the city annually on the 2 anniversary date of the license for each 3 year thereafter during the term of the 4 license, the annual fee for the license 5 for one year, in accordance with the 6 license agreement. However, the licensee 7 shall have the option of converting the 8 annual fee to a single lump sum payment 9 equal to the then current annual fee 10 times the number of years remaining of 11 the original term. Said lump sum fee 12 shall completely relieve the licensee 13 for the payment of any fees during the 14 remaining term thereof. Said fee shall 15 not be prorated in the event of a termination 16 or relinquishment of said license." 17 SECTION 3: That Section 22.89 of the Vernon City Code 18 is hereby amended to read as follows: 19 "Sec. 22.89. Franchises - Fees. 20 The schedule of franchise fees shall be 21 those established and adopted by the city 22 council from time to time. Before a franchise 23 is granted, the franchisee shall deposit with 24 the city clerk for payment to the city, cash 25 or check, the fee for granting the franchise, 26 in accordance with the franchise. The 27 franchisee shall also pay to the City annually 28 on the anniversary date of the franchise for -2- 1 for each year thereafter during the term 2 of the franchise, the annual fee for the 3 franchise for one year, in accordance with 4 the franchise, However, the franchisee 5 shall have the option of converting the 6 annual fee to a single lump sum payment 7 equal to the then current annual fee times 8 the number of years remaining of the 9 original term. Said lump sum fee shall 10 completely relieve the franchisee for the 11 payment of any fees during the remaining 12 term thereof. Said fee shall not be 13 prorated in the event of a termination 14 or relinquishment of said franchise." 15 SECTION 4: Any person, firm or corporation violating 16 any of the provisions of this Ordinance shall be deemed guilty of 17 a misdemeanor, and each such person shall be deemed guilty of a 18 separate offense for each and every day or portion thereof 19 during which any violation of any of the provisions of this 20 Ordinance is committed, continued, or permitted, and upon 21 conviction of any such violation such person shall be punishable 22 by a fine of not more than Five Hundred Dollars ($500.00) or by 23 imprisonment for not more than six (6) months, or by both such 24 fine and imprisonment. 25 SECTION 5: Any other ordinance or portion thereof in 26 conflict with this Ordinance is hereby repealed, specifically 27 Ordinance No. 893. 28 SECTION 6: There being no newspaper printed, published -3- 1 or circulated in the City of Vernon, the City Clerk is hereby 2 directed to certify to the passage of this Ordinance and shall 3 post the same, or cause the same to be posted, in three (3) 4 of the most public places in the City of Vernon, to wit: the 5 northwest corner of 38th Street and Santa Fe Avenue, the 6 northeast corner of Leonis Boulevard and Pacific Boulevard, and 7 on the bulletin board in the lobby of the City Hall of said 8 City, located at 4305 Santa Fe Avenue, all in the City of 9 Vernon, County of Los Angeles, State of California; that this 10 Ordinance shall be in full force and effect thirty (30) days 11 from and after the passage of the same. 12 13 1983. 14 15 16 17 APPROVED AND ADOPTED this 2 day of August "--- 18 19 20 21 22 23 24 25 26 ATTEST: // .' z:..../ /' // . / .// ... . / / /j <. // _ ,,/'/ _/,f' / _;r:;';; ,! /;(<:$/ /;/ ;/"'::>::;;{ !.c BRUCE V. MALKENHORST, City Clerk ;7< /-.- - -' 27 28 -4- 10 11 12 13 14 15 16 17 1 STATE OF CALIFORNIA SSe 2 COUNTY OF LOS ANGELES 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Ordinance, being 6 Ordinance No. 938 , was duly and regularly introduced 7 at a regular meeting of the City Council of the City of Vernon, 8 held on , and thereafter finally adopted July 19, 1983 9 at a regular meeting of said City Council held on August 2, 1983 , by the following vote: AYES: Councilmen: Davis, Gonzales, Malburg, McCormic , Ybarra NOES: Councilmen: None ABSENT: Councilmen: None /1 /, /' . // ~ ? ./;f/~~;:/~.F <: \/~~ /?;~-~~--- / Bruce V. Malkenhorst, City Clerk 18 19 (SEAL) 20 21 22 23 24 25 26 27 28 -5- AFFIDAVIT OF POSTING 1 2 STATE OF CALIFORNIA ) ) 3 COUNTY OF LOS ANGELES) SS ) 4 CITY OF VERNON ) 5 I, BRUCE V. MALKENHORST, City Clerk of the City 6 of Vernon, do hereby certify that I did, on the 3rd day of 7 August , 19~, post three (3) copies of ORDINANCE NO. 938- Amending the code of the City of Vernon, California 1959 by 8 amending sections 22.72 & 22.89 of said code and repealing all Ord inances or parts of ordinances in conflict, specifically Ord.No.893 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. 16 Signed this 3rd day of August , 19~. 17 Lt~~~ BRU~. }~LKENHORST, City Clerk 18 19 20 Subscribed and sworn to before me this 3rd day of Au~ust , 19~. 21 22 23 24 25 26 27 OFFICIAL SEAL LOIS J HILTON PUSLIC . CALIFORNIA NOTARY ~ LOS ANGE~[S c~~'tGV 1986 My comm. elt?lres '. A ~ ~ Mn\l fl Mnue. 1.rnon. CA 9005& 28