Ordinance No. 1022
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ORDINANCE NO.1 022
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTIONS 22.29(j) AND 22.33 OF
ARTICLE VI OF CHAPTER 22 OF THE CODE OF THE CITY
OF VERNON, CALIFORNIA, 1959, REGARDING
ENCROACHMENTS AND PROVIDING FOR AND LIMITING THE
PROVISION OF SERVICES OF A PUBLIC UTILITY NATURE
IN THE CITY; AMENDING THE CODE OF THE CITY OF
VERNON, CALIFORNIA, 1959, BY ADDING ARTICLE XIII
AND NEW SECTIONS 2.91 AND 2.92 TO CHAPTER 2 OF
SAID CODE REGARDING PUBLIC UTILITY SYSTEMS; AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH
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WHEREAS, the voters of the city of Vernon established a
charter to govern the operation of the City of Vernon on April 12,
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1988; and
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WHEREAS, Article XI, section 6 of the Constitution of the
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State of California permits charter cities home rule as to
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municipal affairs; and
WHEREAS, the City of Vernon is a fully developed
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industrial city with very narrow public rights-of-way which, in
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many cases, are fully utilized for various utility purposes; and
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WHEREAS, the City of Vernon wishes to preserve and
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protect the existing unused rights-of-way for utility purposes to
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be used for the best long-term interest of the city of Vernon; and
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WHEREAS, the City of Vernon operates an electric utility,
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a water utility, and a sewer utility and is currently developing a
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natural gas utility in order to more efficiently utilize the
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existing public rights-of-way and provide efficient and productive
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utility services to its inhabitants; and
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WHEREAS, the City of Vernon wishes to provide for and
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restate its right and authority to provide public utility services
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within the city of Vernon and to further provide that no person,
firm, or corporation can operate a public utility service within
the City of Vernon without the consent of said City and to amend
sections 22.29 and 22.33 in order to implement this policy.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
amends section 22.29(j) of Article VI of Chapter 22 of the Code of
the City of Vernon, California, 1959, as to the definitions of
utility and Franchise holder only, to read as follows:
"utility. Any private company or corporation, or governmental
agency or municipal department engaged in providing a service to
the general public including gas, electricity, telephone, water,
or railroad and any company having obtained a certificate of
public convenience and necessity from the Public Utilities
Commission of the state.
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Franchise holder. Any utility or its successors or assigns that
proposes to maintain on the public street or right-of-way any
structure on, above or below ground as herein defined, and has
been granted a franchise for such encroachment by the city
council."
SECTION 3: The city Council of the City of Vernon hereby
amends section 22.33 of Article VI of Chapter 22 of the Code of
the city of Vernon, California, 1959, to read as follows:
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"Sec. 22.33. utilities to obtain franchise for encroachment
before issuance of permit.
All utilities and governmental agencies providing a
utility service shall obtain a franchise from the city in order to
construct or maintain any encroachment upon, above, or under the
public street or right-of-way and no application for an
encroachment permit required by section 22.31 in this article,
will be accepted nor such encroachment permit issued to construct,
put upon or maintain on the public street or right-of-way such
encroachments unless the permittee has first been granted a
franchise by the city, or has a prior right to occupy the public
street or right-of-way by grant or reservation or is
constitutionally exempt from such franchise requirement provided
for herein."
SECTION 4: The city council of the city of Vernon hereby
amends Chapter 2 of the Code of the City of Vernon, California,
1959, by adding Article XIII, Public utility services, and
sections 2.91 and 2.92 to read as follows:
"ARTICLE XIII. PUBLIC UTILITY SERVICES.
Sec. 2.91. Public utility Systems.
The City of Vernon shall establish, own, andlor operate
or otherwise provide for public works or systems for supplying its
inhabitants and businesses and industries within the city with
gas, electricity, other energy sources, water (including reclaimed
andlor recycled water), or other services of a public utility
nature. Such public works or systems may be solely owned by the
City or may be jointly owned with another entity, or may be
leased, in whole or in part, by the city and may be operated
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solely by the city. The city may purchase or otherwise acquire
the commodity to be distributed or provided as a public utility or
service of a public utility nature and act as the distributor or
purveyor thereof.
Sec. 2.92. Limitation on Establishment of Public utility Systems.
No person, firm, or corporation shall establish and
operate works or systems for supplying the inhabitants of, or the
commercial or industrial enterprises within, the City of Vernon
with gas, electricity, other energy sources, water (including
reclaimed andlor recycled water), or other business or activity
which is designed to or does furnish service of a public utility
nature to the inhabitants of, or the commercial or industrial
enterprises within, the city of Vernon without the consent of said
city."
SECTION 5: Any ordinance or parts of ordinances in
conflict with this ordinance are hereby repealed.
SECTION 6:
If any section, subsection, sentence, clause,
or phrase or word of this ordinance is for any reason held to be
void or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance; it being the
intention of the City Council of the City of Vernon to adopt and
pass this ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that one or more of the
sections, subsections, clauses, sentences or phrases thereof may
be declared void or unconstitutional.
SECTION 7: There being no newspaper printed, published
or circulated in the City of Vernon, the city Clerk is hereby
directed to certify to the passage of this ordinance and shall
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post the same, or cause the same to be posted, within fifteen (15)
days after its passage in accordance with section 36933 of the
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Government Code, in three (3) of the most public places in the
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City of Vernon, to wit:
the northwest corner of 38th Street and
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Santa Fe Avenue, the northeast corner of Leonis Boulevard and
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Pacific Boulevard, and on the bulletin board in the lobby of the
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City Hall of said City, located at 4305 Santa Fe Avenue, all in
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the City of Vernon, County of Los Angeles, State of California.
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SECTION 8: That this ordinance shall be in full force
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and effect thirty (30) days from and after its passage of the
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same.
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APPROVED AND ADOPTED this~41day of June, 1994.
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c.
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
ss
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COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, city Clerk of the city of
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Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No. 1022, was duly and regularly introduced at a regular
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meeting of the city Council of the city of Vernon, held on
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Tuesday, June 7. 1994, and thereafter finally adopted at an
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adjourned regular meeting of said city council held on Monday,
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June 13. 1994, and thereafter was duly signed by the Mayor of the
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City of Vernon, by the following vote:
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councilmen:
Ybarra, Davis, Gonzales
AYES: 3
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councilmen:
None
NOES: 0
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councilmen: Malburg, MccormiCk/~
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BRUCE V. MALKENHORST, City Clerk
ABSENT: 2
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( SEAL)
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SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Gloria J. Orosco, Chief Deputy City Clerk for the City of
Vernon do hereby certify that I did, on the 15th day of June, 1994,
have posted three (3) copies each of:
Ordinance No. 1021 and Ordinance No. 1022 of the
City of Vernon
One in each of the following places, to wit: at the northwest corner
of 38th Street and Santa Fe Avenue; the northeast corner of Leonis
Blvd. and Pacific Blvd; and on the bulletin board in the lobby of the
City HaIl of the City of Vernon located at 4305 Santa Fe Avenue, all
in said City, there being no newspaper of general circulation printed
and published in the City of V on.
Date: 6/15/94 \ .:at.
Gloria J.
Chief Dep
Clerk
State of California )
)ss
County of Los Angeles)
S'nC\RaY-... L, 'C)u.d<u..'J('~
(notary public)
personally appeared G\c'\t-(\Cl--'.::s-, OR~)~
(name of signatory)
personally known to me (or known to me on the basis of satisfactory
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before me,
evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her
authorized capacity and that by her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal:
8~,-~" --J2 ~~
OFFICIAL SEAL
SHARON L DUCKWOI<TH
Notary Public-California
LOS ANGELES COUNTY
My Commission Expires
June 9. 1995
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