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Ordinance No. 1101a i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF VERNON FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY THROUGH THE CITY OF VERNON, BUT NOT TO SERVE RETAIL, WHOLESALE, RESALE OR OTHER ELECTRIC CUSTOMERS LOCATED IN THE CITY OF VERNON WHEREAS, Southern California Edison Company ("SCE") is a California corporation and a public utility transmitting and distributinc electricity by means of poles, wires, conduits and appurtenances, including communication circuits, subject to the Public Utilities Code of the State of California; and WHEREAS, SCE wishes to construct and use poles, wires, (conduits, and appurtenances, including communication circuits, necessary for proper therefor, in, along, across, upon, over and under the streets within the City of Vernon for the purpose of transmitting or distributing electricity through the City of Vernon, but not to serve retail, wholesale, resale or other electric customers located within the City of Vernon; and WHEREAS, the City Council of the City of Vernon pursuant to Section 6232 of the Public Utilities Code of the State of California adopted Resolution No. 8423 on April 7,,2004, declaring its intention to grant this franchise and setting a public hearing, notice of which was published in the Metropolitan News on April 12, 2004, and the public hearing held on June 2, 2004; and 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Vernon is authorized by City Charter Section 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: 9RrTTnM 1 • FTMnTMr'e The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true (and correct. SECTION 2: DEFINITIONS. Whenever in this Ordinance the words or phrases hereinafter in this section defined are used, it is intended that they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) The word "grantee" shall mean the corporation to which the franchise contemplated in this Ordinance is granted and its lawful successors or assigns; (b) The word "City" shall mean the City of Vernon, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; (c) The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City; (d) The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, - 2 - K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, appurtenances and any other property located or to be located in, along, across, upon, over or under the streets of City, and used or useful, directly or indirectly, for the purpose of transmitting or distributing electricity through the City but not to serve retail, wholesale, resale or other electric customers located within the City; (e) The phrase "construct and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace, excavate or relocate, poles, wires, conduits and appurtenances within the franchise area. SECTION 3: GRANT OF FRANCHISE. A franchise shall be, and the same is hereby granted by the City Council of the City to Southern California Edison Company, its lawful successors or assigns to use and to construct and use poles, wires, conduits, and appurtenances, including communication circuits, necessary or proper therefor, in, along, across, upon, over and under the streets within the City, for the purpose of transmitting or distributing electricity through the City, but not to serve retail, wholesale, resale or other electric customers located within the City, under and in accordance with the provisions of the Franchise Act of 1937. Said franchise is further defined as, and limited to, the transmission and distribution facilities of grantee existing on the effective date of this Ordinance, as described and depicted in the diagram attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full. SECTION 4: FRANCHISE TERM. The franchise shall be indeterminate, that is to say, said - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 franchise shall endure in full force and effect until, with the consent of the Public Utilities Commission of the State of California, the same shall be voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate within the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the 11grantee. SECTION 5:' FRANCHISE FEE. The grantee of the franchise, during the life thereof, will pay to the City two percent (2%) of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of the City. SECTION 6: VERIFIED STATEMENT OF GROSS RECEIPTS. The grantee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the grantee derived during the preceding calendar year, or such fractional calendar year, from the sale of electricity within the limits of the City. The grantee shall pay to the City within fifteen (15) days after the time for filing said =C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this franchise and of all rights of grantee hereunder. However, grantee has the ability to cure under Section 12. Further, the City is responsible for insuring that grantee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this franchise. SECTION 7: PUBLICATION EXPENSES. The grantee of this franchise shall pay the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; said payment to be made within thirty (30) days after the City shall have furnished grantee with a written statement of such expenses. SECTION 8: WRITTEN ACCEPTANCE REQUIRED. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk of City. SECTION 9: ABANDONMENT OF PRIOR FRANCHISES. The franchise granted by this Ordinance is in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for transmitting and distributing electricity through the limits of the - 5 - 1 City of Vernon as such limits exist at the time of the granting of the 2 franchise or as they may thereafter, except any franchise derived 3 under Section 19 of Article IX of the Constitution as that section 4 existed prior to the amendment thereof adopted October 10, 1911. The 5 acceptance of the franchise granted by this Ordinance shall operate as 6 an abandonment of all such franchises, rights, and privileges within 7 the limits of City as such limits at any time exist, in lieu of which 8 the franchise is granted by this Ordinance. 9 SECTION 10: EMINENT DOMAIN. 10 The granting of the franchise shall not in any way impair or 11 affect the right of the City to acquire the property of the grantee by 12 purchase or condemnation, and nothing contained in this franchise 13 shall be construed to contract away, modify or abridge either for a 14 term or in perpetuity the City's right of eminent domain in respect to 15 any public utility. 16 SECTION 11: VALUE OF FRANCHISE. 17 By acceptance of the franchise, the grantee, for itself, its 18 successors and assigns, agrees that in any proceeding of any character 19 before any court, commission, administrative body, board of 20 arbitration or other public authority, no greater value shall be 21 placed upon the franchise in excess of the cost to the grantee of the 22 necessary publication and any other sum paid by grantee to the City 23 therefor at the time of acquisition. 24 SECTION 12: NONCOMPLIANCE. 25 If the grantee of the franchise granted by this Ordinance 26 fails, neglects, or refuses to comply with any of the provisions or 27 conditions prescribed in this ordinance or the Franchise Act of 1937, 28 and does not within ten (10) days after written demand for compliance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 li 22 23 24 25 26 27 begin the work of compliance, and after such beginning does not prosecute the work with due diligence to completion, the City, by its City Council, may declare the franchise forfeited. The City may sue in its own name for the forfeiture of the franchise granted pursuant to this Ordinance, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns. SECTION 13: CONFORMITY TO RULES AND STATUTORY REQUIREMENTS. The grantee of the franchise granted by this Ordinance shall construct, install, and maintain all poles, wires, conduits and appurtenances in accordance with and in conformity with all of the ordinances and rules adopted by the City Council of the City in the exercise of its police powers and not in conflict with the paramount authority of the State, and, as to state highways, subject to the laws relating to the location and maintenance of such facilities therein. All work undertaken or performed, and all poles, wires, conduits, and appurtenances laid or used pursuant to the provisions of the franchise shall be of the standard required by law, by orders of the Public Utilities Commission of the State of California, and by any other body or governmental authority having jurisdiction in the premises. Where not in conflict with State law or orders of the Public Utilities Commission of the State of California, or other governmental authority having jurisdiction in the premises, said poles, wires, conduits and appurtenances shall be placed, erected and installed in accordance with the rules and regulations and ordinances of the City; provided, however, that the grantee of the franchise shall place its poles, wires, conduits and appurtenances in or upon the streets of the City, only after securing the approval of the City Engineer of the City or such other officer of the City as the City Council of the City may - 7 - 1 "2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 direct, exercising his or her sole reasonable judgment and discretion, as to the proposed location of such poles, wires, conduits and appurtenances. SECTION 14: EXCAVATION. Before making any opening or excavation in any street, or before disturbing the earth beneath the surface of any street, regardless of whether the surface thereof is damaged or removed or not, except in case of emergency, the grantee shall: (a) File with the City Engineer or his or her designee, a drawing, or drawings showing the proposed location and character of any poles, wires, conduits and appurtenances to be constructed, erected or installed 'in the streets of the City. (b) Make application to the City Engineer or his or her designee, in accordance to the provisions of the ordinances of the City in force and effect at the time of making such application, and secure a permit therefore which shall indicate the approximate time, manner and place of laying and using said poles, wires, conduits and Jappurtenances. (c) Make such bond or deposit of money with the appropriate officer of the City as may be from time to time required by ordinance in accordance with Section 21, Performance Bond, of the City in force and effect at the time of the doing or performing of said work, which bond or deposit of money shall be made to guarantee the payment to the City of any and all charges in connection with or resulting from the granting of said application. 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 15: USE OF STREETS. The grantee shall lay and use all its poles, wires, conduits and appurtenances hereunder so as to cause the least possible hindrance to the use of the streets for the purpose of travel or any other public purpose. After any work has been commenced by the grantee in the streets of the City, the same shall be prosecuted in good faith and with due diligence until completed. SF:CTTON 1 A- PPPATP Anon AVcmnonmtnM (a) When any opening or excavation is made, or work done in, upon, along, across, under or over any street for any purpose whatsoever by the grantee, in connection with the exercise of any right or privilege authorized by the franchise, said street or any portion thereof affected or damaged thereby, shall, as promptly as practicable, be restored to as useful, safe, durable and good condition as existed prior to the making of such opening or such excavation or the doing of such work, in conformity with the provisions of ordinances of the City in force and effect at the time of the performance thereof and to the reasonable satisfaction of the (City Engineer or his or her designee. (b) By the acceptance of the franchise, the grantee agrees that after the work of restoring such portion of said street has been completed as provided in the immediately preceding paragraph, it will preserve such portion of the street so restored from deterioration resulting from having been opened or excavated, ordinary wear, tear and use excepted. (c) If any portion of any street in the City shall be damaged by reason of, growing out of, or resulting from the exercise by the grantee of any or all of the rights and privileges granted by 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 this ordinance, or by reason of any act or acts of the grantee, or its servants or agents, in the exercise of such rights or privileges, the grantee, at its own cost and expense, shall immediately repair such damage and restore the street to as useful, safe, durable and good condition as existed before such damage, such work to be done under the direction of the City Engineer and to his/her reasonable satisfaction and shall be completed in a timely manner. (d) If the grantee is dissatisfied with any determination of the City Engineer made by him/her pursuant to authority granted to him/her by this Ordinance, it may petition the City Council of the City to review the same within ten (10) days after such determination rendered by the City Engineer in writing. The decision of the City Council thereon shall be final and conclusive. SECTION 17: COSTS OF REPAIR. The grantee shall pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under this franchise. C'T'. f TTnM 10- The grantee shall indemnify and hold harmless the City, its officers, agents and employees, from all liability for damages proximately resulting from any operations under this franchise. SECTION 19: RELOCATION. The grantee shall remove or relocate without expense to the City any facilities installed, used, and maintained under the franchise if and when made necessary because of a conflict with any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct, by the City. - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 20: ASSIGNMENT. The grantee shall file with the City Council of the City within thirty (30) days after any sale, transfer, assignment, or lease of the franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the grantee or its duly authorized officers. SF.rTTOM 91 - PF.PIVOPMnNirL, nntar) (a) Grantee shall file with the City Clerk a corporate surety bond running to City and approved by the City Council, in a penal sum of Twenty Thousand Dollars ($20,000), which sum was set forth in the resolution of intention to grant this franchise. The bond shall be conditioned that grantee shall well and truly observe, fulfill and perform each term and condition of the franchise, and that in case of any breach of condition of the bond the amount of the penal sum therein shall be recoverable. Grantee shall file such bond within five (5) days after the adoption of this ordinance. (b) Grantee shall maintain the bond in full force and effect throughout the term of this franchise, at grantee's sole expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of -Civil Procedure Sections 995.010 et seq. This franchise shall be considered a "license or permit" within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. SECTION 22: LIABILITY. The grantee of the franchise under this Ordinance shall be liable to the City for all damages proximately resulting from the failure of the grantee to well and faithfully observe and perform any 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provision of the franchise or any provision of the Franchise Act of 1937. SECTION 23: CERTAIN ORDINANCES REPEALED. Any ordinance or parts of ordinances in conflict with this Ordinance are hereby repealed. cPrmrnM 7A • QVX7VDTDTT TTV If any section, subsection, sentence, clause, phrase or word lof 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 to pass and adopt 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 to be invalid or junconstitutional. SECTION 25: POSTING. There being no newspaper printed, published or circulated in the City, 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, within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, in three (3) of the most public places in the City, 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. - 12 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 26: EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days from and after its passage of the same. APPROVED AND ADOPTED this A LO day of June, 2004. ATTEST: 0101, BRUCE V. MALKENHORST, City Clerk LEONIS C. MAL URG, Mayor - 13 - ._ CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: e WC T. FRESCH` — City Attorney \FAX: (323) 826-1491 v KEVIN WILSON /'�Hirector of Community Services & Water J FAX: (323) 826-1435 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 LIGHT & POWER JORGE SOMOANO HALL A 7 T CITY Engineering & Operations Manager CITY 1 lti L L MANUEL GARCIA 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Generation Operations Manager/ TELEPHONE (323) 583-8811 MJGS Project Manager April 1, 2004 b(r,1incance �.. I I o 1 On April 7, 2004, this legislative body approved Resolution No. 8423 declaring the City's intention to grant a franchise to Southern California Edison Company in conformance with the 1997 Supplement Restructuring Agreement approved on September 16, 1997. The franchise will allow Edison to construct and use poles, wires, conduits and appurtenances, including necessary communication circuits in, along, across, upon, over and under the streets within the City of Vernon for the purpose of not transmitting and distributing electricity through the City, but not to serve retail, whole sale, resale or other electric customers located in the City. This has bee reviewed by the City Attorney and it is hereby recommended that the franchise with Southern California Edison be approved. Very truly yours, ?Vxl � Bruce V. Malkenhorst 9 City Administrator/City Clerk BVM/gm AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I. Christopher Romero, Administrative Aide, of the City of Vernon do hereby certify that I had, on the 8th of April 2004, posted one (1) copy of: Notice of Public Hearing - To obtain testimony from affected and/or interested persons regarding application by Southern California Edison for a franchise in the City of Vernon. The public is also invited to submit written comments regarding the request prior to the hearing. At the following place, to wit: on the bulletin board in the lobby of the City Hall of the City of Vernon located at 4305 Santa Fe Avenue, in said City, there being no newspaper of general circulation printed and published in the City of Vernon. 1 � Date r'� 260f r=s�Plrr M:%--er-) Chris opher Romero Administrative Aide State of California ) ) ss County of Los Angeles) On before me, Notary Public personally appeared -'' s ApX'W Personally known to me (eL- knebates—r=�.f- ¢Fu try �ev4ievt!e) to be the person (s-) whose name (,&) is/a !- subscribed to the within instrument and acknowledged to me that he/^Iae+hey executed the same in his/-heT-`C-1'`eir authorized capacity, and that by his/h_.-,'the:_- signature(ff) on the instrument the person(s-), or the entity upon behalf of which the person �' acted, executed the instrument. TNESS my hand and official seal MiANLIELA G1RON Commission * 1328374 Z Notary Public California Los Angeles County My Comm. F� P ms Nov 4, 2OM ,�yo®► 6 . ' AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Sharon Johnson, Deputy City Treasurer, of the City of Vernon do hereby certify that I did, on the 8th of April 2004, post two (2) copies of: Notice of Public Hearing - To obtain testimony from affected and/or interested persons regarding application by Southern California Edison for a franchise in the City of Vernon. The public is also invited to submit written comments regarding the request prior to the hearing. On each of the following places, to wit: at the northwest corner of 38th Street and Santa Fe Avenue and the northeast corner of Leonis Blvd., and Pacific Blvd., all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: Sharon Johi&4n Deputy City Treasurer State of California ) ) ss County of Los Angeles) On before me, 0"�`'1`j� Notary Public personally appeared �l"Vi � Personally known to me ( n� •. '- }h �^^�; ^� �' ; "�^^'' �r _-- tcre) to be the person (.a) whose name (.e) is/axe subscribed to the within instrument and acknowledged to me that ire/she/they executed the same in 1;�,/her/z4e�r authorized capacity, and that by Prrs/her/ signature( -a on the instrument the person(.$), or the entity upon behalf of which the person(,&) acted, executed the instrument. ITNESS my hand and official seal !M NUELA GIRON Commission # 1328374 Z Notary Public - California Los Angeles County r,=` my Comm. Expires Nov 4, 2005 CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: April 7, 2004 TO: Bruce V. Malkenhorst, City Administrator/City Clerk FROM: Eric T. Fresch, City Attorneys RE: Notice of Public Hearing for Franchise with Southern California Edison Company Dear Bruce: I recommend that you sign the attached Notice of Public Hearing, have the Notice posted in the three usual places and authorize the City Attorney to publish the Notice with the Metropolitan News in accordance with Resolution No. 8423 adopted April 7, 2004. I look forward to discussing this matter with you at your earliest convenience. EF: jl NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Wednesday, May 5, 2004, TIME: at 5:00 p.m. (or as soon thereafter as the matter can be heard) APPLICANT: Southern California Edison Company, its successors and assigns PURPOSE: To obtain testimony from affected and/or interested persons regarding application by Southern California Edison for a franchise in the City of Vernon. The public is also invited to submit written comments regarding the request prior to the hearing. REQUEST: Grant a franchise to use and to construct and use poles, wires, conduits and appurtenances, including communication circuits necessary or proper therefor, in, along, across, upon, over and under the public streets, ways, alleys and places within the City of Vernon for the purpose of transmitting or distributing electricity through the City of Vernon, but not to serve retail, wholesale, resale or other electric customers located within the City of Vernon. Southern California Edison Company will, during the life of the franchise, pay to the City of Vernon, annually, 2 percent of Southern California Edison's gross annual receipts arising from the use, operation, or possession of the franchise, from the date of the granting of the franchise. In the event such Page 1 of 2 payment is not made, the franchise will be forfeited. The franchise will be indeterminate FILE REVIEW: The diagrams and any supporting information are available in the office of the City Clerk, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the adoption of this franchise or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Dated: April 8, 2004 y BRUCE V. MALKENHORST, City Administrator/City Clerk Page 2 of 2 Regular City Council Meeting Minutes April 7, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 1, 2004, was presented, recommending that the City Attorney be authorized to prepare a resolution approving the Conflict of Interest Code of the City of Vernon Historic Preservation Society adopted by Resolution No. VHPS-002 on February 18, 2004. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated April 1, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8417 - A Resolution of the City Council of the City of Vernon Approving a Conflict of Interest Code for the Vernon Historic Preservation Society, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8417 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 1, 2004, was presented, advising that at this time it is necessary to approve Amendment No. One.to the existing agreement with Central Basin Municipal Water District regarding the Buying and Selling of Recycled Water, which was approved on May 22, 2002, to clarify the parties' relationship under the agreement; all other terms and conditions remain the same. This has been reviewed by the City Attorney and it is hereby recommended that Amendment No. One to the existing agreement with Central Basin Municipal Water District be approved. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated April 1, 2004, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8420 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to the Agreement Between the City of Vernon and Central Basin Municipal Water District Regarding the Buying and Selling of Recycled Water, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8420 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 1, 2004, was presented, recommending that the following resolution declaring the City's intention to grant a franchise to Southern California Edison Company in conformance with the 1997 Supplement Restructuring Agreement approved on September 16, 1997, be approved. It is further recommended to schedule a public hearing, in accordance with the Public Utilities Code Section 6232, to proceed with said franchise. Page 7 of 14 Regular City Council Meeting Minutes April 7, 2004 It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City- Administrator/City Clerk, dated April 1, 2004, be received and filed and that a public hearing be set with regard to the franchise with Southern California Edison for May 5, 2004. Councilman Davis abstained from voting and disqualified himself.' Motion carried. RESOLUTION NO. 8423 - A Resolution of the City Council of the City of Vernon Declaring its Intention to Grant a Franchise to Southern California Edison Company, its Successors and Assigns, a Franchise to Use and to Construct and Use Poles, Wires, Conduits and Appurterances, Including Communication Circuits Necessary or Proper Therefore, In, Along, Across, Upon, Over and Under the Public Streets, Ways, Alleys and Places within the City of Vernon for the Purpose of Transmitting and Distributing Electricity Through the Cky of Vernon, but not to Serve Retail, Wholesale, Resale or Other Electric Customers Located in the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8423 be approved and adopted. Councilman Davis abstained from voting and disqualified himself. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 10, 2004, was presented, requesting authority and funds for Deputy City Treasurer Sharon Johnson to attend the "California Municipal Treasures' Association Annual Conference" at South Lake Tahoe on April 19 through 23, 2004, with an expense allowance of $1,312.90. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Sharon Johnson to attend the aforementioned conference with an expense allowance of $1,312.90 Motion carried. Communication from Bruce Olson, Chief of Police, dated March 11, 2004, was presented, requesting authority and funds for Lieutenant Steven Towles to attend the "APCO Conference and Exposition" at Ontario on May 12 through 14, 2004, with an expense allowance of $446.70. It was moved by Davis, seconded by McCormick, that authority and funds be approved for Lieutenant Steven Towles to attend the aforementioned conference and exposition with an expense allowance of $446.70. Motion carried. Communication from Bruce Olson, Chief of Police, dated March 23, 2004, was presented, requesting authority and funds for Sergeant Jerry Winegar to attend the "Training Management Course" at Santa Rosa on June 7 through 11, 2004, with an expense allowance of $1,260.15, of which POST will reimburse $1,137.68. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Sergeant Jerry Winegar to attend the aforementioned course with an expense allowance of $1,260.15. Motion carried. Page 8 of 14 0 Regular City Council Meeting Minutes June 16, 2004 RESOLUTION NO. 8470 - A Resolution of the City Council of the City of Vernon Commending Bruce W. Olson for his Many Years of Service to the City Of Vernon. It was moved by Gonzales, seconded by Ybarra, that Resolution No 8470 be deferred to the next council meeting. Motion carried. Police Department Activity Log for the period June 1 through 15, 2004, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period June 1 through 15, 2004, be received and filed. Motion carried. Fire Department Activity Report for the period June l through 15, 2004, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period June 1 through 15, 2004, be received and filed. Motion carried. Risk Management Report for the month of May 2004, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of May 2004, be received and filed. Motion carried. Health Department Report for the month of May 2004, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of May 2004, be received and filed. Motion carried. ORDINANCE NO. 1101 - An Ordinance of the City Council of the City of Vernon Granting to Southern California Edison Company, Its Successors and Assigns, a Franchise to Use and to Construct and Use Poles, Wires, Conduits and Appurtenances, Including Communication Circuits Necessary or Proper Therefore, In, Along, Across, Upon, Over and Under the Public Streets, Ways, Alleys and Places Within the City of Vernon for Transmitting and Distributing Electricity Through the City of Vernon, but not to Serve Retail, Wholesale, Resale or Other Electric Customers Located in the City of Vernon, was read by title for a second and final reading. It was moved by Gonzales, seconded by McCormick, that Ordinance No. 1101 be approved and adopted. Motion carried. Councilman Davis abstained from voting on this matter. Ayes: Malburg, Ybarra, McCormick, and Gonzales Noes: None Absent: None Abstained: Davis Page 2 of 17 Metropolitan News Company P.O Box 60859, Los Angeles, Ca 90060 Phone: (213) 346-0033 Fax: (213) 687-3886 Customer Number 011501 Customer Reference EDISON CITY OF VERNON LEGAL DEPT 4305 SANTA FE AVE VERNON CA 90058 PAPER: METROPOLITAN NEWS-ENTERPOISE Our COMPanY extends credit, at its discretion, only to law firms, banks. escrow companies. and advertising agencies. It is to those conc:ems — and not their clients or customers — to which credit is extended. They are liable for all charges, irrespective of whether Payment is recovered by them from their client or customer. Changes may include filing fees, procxssing' fees, or other costs in addition to publication cat. Fell. I.D. 954034078 Terms: Net 30 Days Thank you for your business. Metropolitan News Company Remit to. P.O. Box 60859, Los Angeles, Ca 90060 Phone: (213) 346-0033 Fax. (213) 687-3886 CITY OF VERNON u Number G703295 Date 04/12/04 Page 1 of 1 rMXZ oe PUKX HX4AM The Qtyof Vamp will oomana a entire Hearing, which you may attend 9W Pi.ACE Vamp (Sty Hap. �yy Caaaa7 Cham6as, 4305 Sams Fe Avenue, Vernon, CA DATE & TIDE: Wes. Wy S. 2004, at SA0 Pm (« as won 11100=11or as do motto can be booed) AMJCANT. southern Catifama Edison Coarmy, *a atocessors and sins PEMPOSM To obtain testimony fiom aMcnd sod/« imaesse masons tion by sourhaa CytiRorda Edison fix a fi>rTc�se a the City orvamn The publee ardia s g my end So wbmk written comments rrgading the request prior to the heating REQUEST- Gam a 6anduse to use and a oomuuct and use poles wires, Conduits and aPPffkn-ce4 incluaft comaxal" on eirwits necessary or proper thadar, in, sbrg, saoss, Upon, over srd trader the public greets. ways, alleys and places within the (Sty of Vernon for the wholesHptirpow of o e cleaicity tlsough the City of Vernon, but not to sere rda0, Southern le or other tma Edison lectric �toerets bated within the City of vemoa reas veanon, ,may. 2db dn><;ag we fire ofma *and pay wy w the City a awe, oPerallo4 or possession of the fiaochiac, from a o rg�Ms amwv arising fans the Oftbe ftachise. In The event such Mines* is not mask, the 6aodtise will be Air" d. Thefia�nchise will be edetermi. sate. FILE REVIEW: The diagrams and any aipporting infmmion we avat7able in the offte of the City Clerk, Vernon City Hall, 4305 Santa Fe Avenue, between the bona of 7:15 am and 5.15 Pm Mmday through Tlusday. limbed traising sleonl those adoption of this fianclrise «arty provision thereof in �.)ou may be notice « °mn tdose oore um you « someone else raised at the hearing desanbed in this ��A a �4nnespondeocodeliveredtotheCityofvernonst,«priorto,themeeting. Credit Card Payment- Circle One: Visa WC Amex Discover Number Exp Date Signature BRUCE V. MALKENHORST CNX3295 EDISON Apr 12,201 CityAdministrumnyawk PAYMENT COUPON Inv Num G703295 Inv Date 04/12/04 Inv Amt $70.00 Cust Num 011501 Cust Ref EDISON 111111111 Metropolitan News Company P.O. Box 60859, Los Angeles, Ca 90060 Phone: (213) 346-0033 Fax. (213) 687-3886 Customer Number 011501 Customer Reference EDISON CITY OF VERNON LEGAL DEPT 4305 SANTA FE AVE VERNON CA 90058 PAPER. METROPOLITAN NEWS-ENTERPRIISE Our company extends credit, at its discretion, only to law firms, banks, escrow companies, and advertising agencies. It is to those cwtcerr>s — and not their clients or customers — to which credit is extended. They are liable for all charges, irrespective of whether Payment is recovered by them from their client or customer. Charges may dude filing fees, processing fees, or other costs in addition to publication cost. Fed LD. 95-3034078 Terms: Net 30 Days Thank you for your business. Metropolitan News Company Remit to. P.O. Box 60859, Los Angeles, Ca 90060 Phone: (213) 346-0033 Fax: (213) 687-3886 CITY OF VERNON M Number �G703�295 Date 04/12/04 Page 1 of 1 NOTICE OF PUBLIC REARM Tha City of Vann wtt cmim t a Public Hear®g, trhicfi you maY attend. MAIM Vamp C tY M% (Sty Corarerl Chamha; 4305 Sato Fe Aweore, Vamq G canDATE & TBNE: Wedra by. May S. 2001, atSA0 pm (or as anon nhnetet as the Mona he hand) ATMdCANr: SOW=California EdWR COM y, hs troauon and a PURPOSE: To obtain tetmony from affected adrar ®[acted tioa by southern California Edison for a franchise in the City of vamn, 7be SZFids"w o a submit wrhm eoaaoerts Minding the request poor to the hewing REQUEST: Gnat a liaadrise to nee and to eomtnrct and use PIM wens, conahas aad vpr etcl ding ooaumaiatioa cir— neoessay or papa therefor. in, glom across, fin' ow and tmder the public streets, wan alleys and Plana within the City of Verson for the Propose of nanmit ft or dntnbraing dectriety through the Cty of Vemor4 but not to serve retail, whoksak; reeak or other electric aatomers located within the City of Vernon. Vamp aaraaly, 2 paoent Soak CaGfaniay of the fiaochisq pay to the City of use. opaatioq or posseafon of the rrmchisq from the date � grating ofthe grata) a Ranch linen the event 111ch payment is sot made, the fiaochite will be lorktad. The 6anrhise will be irdaem i. rote. FILE REVIEW: The diagram and my arpporring io&_atiar are avao*k it, the olfioe f the City ClerkClerkVernon City HalL 4305 Sorter Fe Avemo e between the horns of T:IS nth and 5: pm Monday dough Thtrsday. lIf you dalkoW the adoQtiop of this franchise err any provision thereof in caul, you may be imited to racing only dose rstra You or someone else raised at the hawing daabOd a this not= Or an &tw 2004 casespondencedeGvaedtothe City ofyawnert,orporto, the metin& Dided- Apt Credit Card Payment -Circle One: visa Iwc Amex Discover Number Exp Date Signature BRACE V. MALRpdEWM OM3295 MMON Apr 12,201 Coy Admitaiwastoricityauk PAYMENT COUPON Inv Num G703295 Inv Date 04/12/04 Inv Amt $70.00 Cust Num 011501 Cust Ref EDISON 111111111 DECLARATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES NOIXT OF POBLIC HRARM CITY OF VERNON The tsty of Vernon wi l °oodnct a Pub is Hem LEGAL DEPT VaarwnnCyHaucYRyt ornerl D 4M Santa to Aveave, Vamo, 4305 SANTA FE AVE VERNON CA 90058 Date a rg M- Wedaeaday, M,y 5� 2004, at SM pm (or as am thaaa9a as the miser caa ee 6prd) APPLICAIV r: Sorthem California NOTICE sett tee, its successong ad . To i ftm affected on" interested Qaaons regarding EDISON application by Sortlran Col'f«nin Edison for a ftwhise io the Cny or Varru The public is BEARING1CLOSEISALE DATE: 05/05/04 'I'° "°peel '° ' eo�eats r�udmB the resat prior a the haring. ie odw REQUEST: GM a Gaochne to use and to construct and ute poles woes eonduds and appu tcrmnc- irrchding tboararnieation cbcuits neo -y or proper therefor, d4 AM The undersigned says: ne"oss*alk�O°. Over And uoder ys aand wathm theme �s City or dle o vdr�britag I am over the age of 18 g years and a citizen lecoricttrgh gie t��y o«r Vernon.at °°` a aQve retag, whoksal � of the United States. I am not a party to and have no interest in or nth- electric eatomers located as °r Vernon. this matter. I am a principal clerk of the METROPOLI. h Ea„oa cagy n4 TAN NEWS -ENTERPRISE, a newspaper of ° y 2 r ern Coliiornia Edison's general cir- culation in the City of Los Angeles, the Judicial District gross amnl receipts � s� tkftachise, tlfe' opersdon, a ptt�ton of Los Angeles, the County of Los Angeles, and the State of the ganchise. In the from due Payment is of California, as adjudicated in Los Angeles S ge Superior � �, d- wal be wed. The r � � i�e�e. Court Case No. 601165. The notice, a Tinted co f which appears hereon, was Eus REVIEW 7be diaeams a,td any off" t as me City Cleric, Vernon City published on the following dap s g e( )• Apr 12 2004 SOf Hag, "� between the bom or 7:15&y and s:15 p.m. Monday through I declare under penalty of perjury that the foregoing is If you claacep the I of tWs Or any provision therwrim cormt. you true andcorrect. Executed at Los Angeles, California on may be koded to mwg ogdy am man you o in tWs notice Or in wrikka coneWoodeoce delivered to me (Sty of Vernon at, or prior IN the meeti�. t Dated: A % & 2004 BR[X E V. MALKf' MORST OM3295 EDISON� Cleric signa r Metropolitan N s-Enterprise P.O. Box 60859 Los Angeles, Ca 90060 Phone. (213) 346-0033 Fax. (213) 667-3886 Cust. Num.: 011501 Control Num.: 703295 Cust. Ref Num.: EDISON (IN Page 1 of I SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL'" Company City Council Members City of Vernon Public Affairs k4k" WAA., June 2, 2004 Re: Application for Franchise SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation; as Applicant, hereby applies for a franchise pursuant to the Franchise Act of 1937, and avers as follows: A. Applicant's name and address is: Southern California Edison Company 2244 Walnut Grove Avenue Rosemead, California 91770 Attention: Robert G. Foster, President B. The purpose and term of said franchise shall be: 1. To use, and to construct and use, poles, wires, conduits and appurtenances, including communication circuits necessary or proper therefor, for transmitting and distributing electricity through the City, but not to serve retail, wholesale, resale or other electric customers located within the City, in, under, along, across, upon and over the public streets, ways, alleys and places within the City of Vernon. 2. The term of said franchise requested is for an indeterminate term of years. C. If said franchise shall be granted to it, Applicant will pay to the City during the life thereof, two percent (2 %) of the gross annual receipts of Applicant arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1 %) of the gross 1000 Potrero Grande Dr. Monterey Park, CA 91755 Page 2 annual receipts derived by Applicant from the sale of electricity within the limits of the City. D. We request that this franchise be granted by ordinance in the form accompanying the form of resolution which we have prepared and submit herewith for your use should you elect to use the same. Sincerely, SOUTHERN CALIFORNIA EDISON COMPANY By ,,X0y Ronald Garcia Region Manager EJSOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL"' Company March 29, 2010 Ms. Nelly Giron City Clerk City of Vernon/County of Los Angeles 4305 Santa Fe Avenue Vernon, CA 90058 Re: 2009 Franchise Statement Dear Ms. Giron, Ronald V. Garcia Region Manager Local Public Affairs t MAR 2 9 2010 CITY CLERK'S WIG( Attached is the Southern California Edison Co. (SCE) Franchise Statement for the City of Vernon/County of Los Angeles, for the calendar year beginning January 1, 2009 through December 31, 2009. The statement is provided to you in accordance with the City of Vernon/ County of Los Angeles' Franchise Ordinance No.1101. If you have any questions regarding the statement, please contact me at (323)720-5290. Sincerely, aTm-iarX1o,.1ftvuiu Ronald V. Garcia Region Manager Bu Schedule 4 SOUTHERN CALIFORNIA EDISON COMPANY FRANCHISE STATEMENT For the Calendar Year Ended December 31, 2009 `� ' {` City of Vernon MAID 2 9 �O10 Franchise Ordinance No.1101 Computation of franchise payment: Two percent (2%) of gross annual reap p cs'Larrisss ngFfA% use, operation, or possession of franchise, but not less than one percent (1 %) of gross annual receipts derived from sale of electricity within limits of City, plus Direct Access Municipal Surcharge: Item a. Gross annual receipts derived from sale of electricity within limits of City. $ 0.00 b. One percent (1 %) of gross annual receipts derived from sale of electricity within limits of City. $ 0.00 Item _1. Gross annual receipts derived from sale of electricity in all service areas. $11,501,328,542 2. Original cost of electric plant, exclusive of electric plant held for future use, intangible plant, new construction work not yet in operation and rental properties. $29,498,351,651 3. Original cost of transmission and distribution systems, consisting of towers, poles, underground conduits, conductors, line transformers; services and appurtenances. $12,695,128,791 4. Gross annual receipts allocable to transmission and distribution systems: Item 1 x Item 3 $ 4,949,796,817 Item 2 5. Total miles of transmission and distribution systems. 76,113.86 6.. Miles of transmission and distribution systems under franchise in City. 8.56 7. Gross annual receipts arising from use, operation, or possession of franchise: Item 4 x Item 6 $ 556,669.45 Item s 8. Two percent (2%) of item 7. $ 11,133.39 Direct Access Municipal Surcharge $ 0.00 FRANCHISE PAYMENT $ 11,133.39 VERIFICATION CERTIFICATE State of California County of Los Angeles I hereby certify that the foregoing Franchise Statement is based on the On March Iq , 2010, before me, Diana V. Baker, personally appeared Company's accounting records for the Jeff Duran, who proved to me on the basis of satisfactory evidence to be the year ended December 31, 2009, and person whose name is subscribed to the within instrument and acknowledged to me accurately reflects the use of such that he executed the same in his authorized capacity, and that by his signature on records in the preparation thereof to the instrument, the person, or the entity upon behalf of which the person acted, the best of my knowledge and belief. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. :..:,.�. DIANA V. BAKER i Signature W �-- COMM. # 1668981 -i U ;" NOTARY PUBLIC•CALIFORNIAQ o uran H " LOS ANGELES COUNTY 0 My CoMmIsslon Expires (ess2arit Controller May 22, 2010 Schedule 4 SOUTHERN CALIFORNIA EDISON COMPANY FRANCHISE STATEMENT RECEIVED For the Calendar Year Ended December 31, 2010 Cityof Vernon MAR 2 2 2011 Franchise Ordinance No. 1101 CITY CLERICS OFFICE Computation of.franchise payment: Two percent '(2%) of gross annual receipts arising from use, operation, or possession of franchise, but not ,less thanone percent (1 %) of gross annual receipts derived from sale of electricity within limits of City, plus Direct Access Municipal Surcharge. Item a. Gross annual receipts derived from sale of electricity within limits of City. $ 0.00 b. One percent Q %) of gross annual receipts derived from sale of electricity - within limits of City. 6 0.00 Item: 1. Gross annual receipts derived from sale of electricity in all service areas. $11,274,358,543 2. Original cost of electric plant, exclusive of electric plant held for future use, intangible plant, new construction work not yet in operation and rental properties. $31,705,515,201 3. Original cost of transmission and distribution systems, consisting of towers, poles, underground conduits, conductors, line transformers, services and appurtenances. $13,881,221,706' 4. Gross annual receipts.allocable to transmission and distribution systems: Item 1 x Item 3 $ 4,936,108,7M Item 2 5. Total miles of transmission and distribution systems. 76,462.76 6. Miles of transmission and distribution systems under franchise in City. 8.55 7. Gross annual receipts arising from use; operation, or possession of franchise: Item 4 x Item 6 $ 551,951.43 Item 5 8. TWO percent (2%) of item 7. Direct Access Municipal Surcharge FRANCHISE PAYMENT $ 11.039:Q3 VERIFICATION - - CERTIPICATH .. State of Cahfornia — County of Los Angeles I hereby certify that the foregoing ` - Franchise Statement is based on the On March- \� - 2011, before me, P.J. Hajjar; personally appeared - Company's accounting records for the -' Jeff Duran, who proved to me on the basis of satisfactory evidence, to be the . year ended December 31, 2010, and person whose name is subscribed to: the within.instrument and acknowledged to me accurately reflects the use of such that he executed the same in his authorized capacity, andthat by his signature on records in the preparation thereof to the instrument, the person, or the entityupon behalf of which the person acted, - the best of my knowledge and belief. executed the instrument. - I certify under PENALTY OF PERJURY under the laws of the State of California that .. the foregoing paragraph is true and correct. WITb1ESS my hand and official seal - P. J. HAJJAR 2. �� a �• z SignatuMUI190g550C� Je ranNOOMIC LOS ANGELES COUNTY My Comm. Expires Oct. 16, 2014 Assistant Controller Schedule 4 SOUTHERN CALIFORNIA EDISON COMPANY FRANCHISE STATEMENT RECEIVED For the Calendar Year Ended December 31, 2012 City of Vernon MAR 2 7 2N3 Franchise Ordinance No.1101 CITY CLERK'S OFFICE Computation of franchise payment: Two percent (2%) of gross annual receipts arising from use, operation, or possession of franchise, but not less than one percent (1%) of gross annual receipts derived from sale of electricity within limits of City, plus Direct Access Municipal Surcharge. Item a. Gross annual receipts derived from sale of electricity within limits of City. $ 0.00 b. One percent (1%) of gross annual receipts derived from sale of electricity within limits of City. $ 0.00 Item 1. Gross annual receipts derived from sale of electricity in all service areas. $11,230,261,668 2. Original cost of electric plant, exclusive of electric plant held for future use, intangible plant, new construction work not yet in operation and rental properties. $ 36,245,762,426 3. Original cost of transmission and distribution systems, consisting of towers, poles, underground conduits, conductors, line transformers, services and appurtenances. $15,474,649,635 4. Gross annual receipts allocable to transmission and distribution systems: Item 1 x Item 3 $ 4,794,611,921 Item 2 5. Total miles of transmission and distribution systems. 77,394.10 6. Miles of transmission and distribution systems under franchise in City. 8.55 7. Gross annual receipts arising from use, operation, or possession of franchise: Item 4 x Item 6 $ 529,677.74 Item 5. 8. Two percent (2%) of item 7. $ 10.593.55 Direct Access Municipal Surcharge FRANCHISE PAYMENT $ 10.593.55 VERIFICATION CERTIFICATE State of California County of Los Angeles I hereby certify that the foregoing Franchise Statement is based on the On March Jy 2013, before me, P.J. Hajjar, personally appeared Company's accounting records for the Jeff Duran, who proved to me on the basis of satisfactory evidence to be the year ended December 31, 2012, and person whose name is subscribed to the within instrument and acknowledged to me accurately reflects the use of such that he executed the same in his authorized capacity, and that by his signature on records in the preparation thereof to the instrument, the person, or the entity upon behalf of which the person acted, the best of my knowledge and belief. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .. P. J. HAJJAR Sfgnatur - a CO 1908550 PUB z uran NOTARY PUBLIC -CALIFORNIA slstant Controller LOS ANGELES COUNTY My Comm. Expires Oct. 16, 2014 Schedule 4 SOUTHERN CALIFORNIA EDISON COMPANY FRANCHISE STATEMENT For the Calendar Year Ended December 31, 2013 City of Vernon Franchise Ordinance No.1101 Computation of franchise payment: Two percent (2%) of gross annual receipts arising from use, operation, or possession of franchise, but not less than one percent (1%) of gross annual receipts derived from sale of electricity within limits of City, plus Direct Access Municipal Surcharge. Item a. Gross annual receipts derived from sale of electricity within limits of City. $ 0.00 b. One percent (1 %) of gross annual receipts derived from sale of electricity within limits of City. $ 0.00 Item 1. Gross annual receipts derived from sale of electricity in all service areas. $11,878,474,114 2. Original cost of electric plant, exclusive of electric plant held for future use, intangible plant, new construction work not yet in operation and rental properties. $33,646,390,929 3. Original cost of transmission and distribution systems, consisting of towers, poles, tuiderground conduits, conductors, line transformers, services and appurtenances. $17,453,712,921 4. Gross annual receipts allocable to transmission and distribution systems: Item 1 x Item 3 $ 6,161,834,045 Item 2 5. Total miles of transmission and distribution systems. 77,548.21 6. Miles of transmission and distribution systems under franchise in City. 8.59 7. Gross annual receipts arising from use, operation, or possession of franchise: Item 4 x Item 6 $ 682,545.15 Item 5 8. Two percent (2%) of item 7. $ 13�650.90 Direct Access Municipal Surcharge $ 0.00 FRANCHISE PAYMENT $ 13,650.90 VERIFICATION CERTIFICATE State of California County of Los Angeles On March , 2014, before me, P.J. Hajjar, personally appeared Ernest A. Hernandez, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the shine in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY sunder the laws of the State of California that the foregoing paragraph is true and correct. P. J. HAJJAR *- COMM. # 1908550 z emy NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY Comm. Expires Oct. 16, 2014 WITNESS my h< n and official seal. Signatu e I hereby certify that the foregoing Franchise Statement is based on the Company's accounting records for the year ended December 31, 2013, and accurately reflects the use of such records in the preparation thereof to the best of my knowledge and belief. Er e s t A. ernandez Manager, Payment & Billing ices Schedule 4 SOUTHERN CALIFORNIA EDISON COMPANY FRANCHISE STATEMENT For the Calendar Year Ended December 31, 2014 City of Vernon Franchise Ordinance No.1101 CO Computation of franchise payment Two percent (2%) of gross annual receipts aris7,��-c� CI�TY CLERKS, ofWrg#on, or possession of franchise, but not less than one percent (1%) of gross annual receipts' erlve from sale of electricity within limits of City, plus Direct Access Municipal Surcharge. Item a. Gross annual receipts derived from sale of electricity within limits of City. $ 0.00 b. One percent (1%) of gross annual receipts derived from sale of electricity within limits of City. $ 0.00 Item 1. Gross annual receipts derived from sale of electricity in all service areas. $12,580,719,404 2. Original cost of electric plant, exclusive of electric plant held for future use, intangible plant, new construction work not yet in operation and rental properties. $36,546,743,893 3. Original cost of transmission and distribution systems, consisting of towers, poles, underground conduits, conductors, line transformers, services and appurtenances. $19,442,038,898 4. Gross annual receipts allocable to transmission and distribution systems: Item 1 x Item 3 $ 6,692,657,402 Item 2 5. Total miles of transmission and distribution systems. 77,690.09 6. Miles of transmission and distribution systems under franchise in City. 8.73 7. Gross annual receipts arising from use, operation, or possession of franchise: Item 4 x Item 6 $ 752,050.86 Item 5 8. Two percent (2%) of item 7. $ 15,041.02 Direct Access Municipal Surcharge $ 0.00 FRANCHISE PAYMENT $ 15,041.02 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On March r I' 2015, before me, P.J. Hajjar, personally appeared Ernest Hernandez, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P. J. HAJJAR Commission ar 2082121 Notary Public • California Loa Angeles County M Comm. Expires Oct 18 2018+ wITNE.SS my hand ffidal seal. Signature I hereby certify that the foregoing Franchise Statement is based on the Company's accounting records for the year ended December 31, 2014, and accurately reflects the use of such records in the preparation thereof to the best of my knowledge and belief. Ernest A. Hernandez Manager, Billing and Payment Processing Schedule 4 SOUTHERN CALIFORNIA EDISON COMPANY FRANCHISE STATEMENT For the Calendar Year Ended December 31, 2015 City of Vernon Franchise Ordinance No.1101 Computation of franchise payment; Two percent (2%) of gross annual receipts arising from use, operation, or possession of franchise, but not less than one percent (1%) of gross annual receipts derived from sale of electricity within limits of City, plus Direct Access Municipal Surcharge. Item a. Gross annual receipts derived from sale of electricity within limits of City. $ 0.00 b. One percent (1%) of gross annual receipts derived from sale of electricity within limits of City. $ 0.00 Item 1. Gross annual receipts derived from sale of electricity in all service areas. $12,575,939,713 2. Original cost of electric plant, exclusive of electric plant held for future use, intangible plant, new construction work not yet in operation and rental properties. 5 39,590,142,558 3. Original cost of transmission and distribution systems, consisting of towers, poles, underground conduits, conductors, line transformers, services and appurtenances. $ 21,573,937,159 4. Gross annual receipts allocable to transmission and distribution systems: Item 1 x Item 3 $ 6,853,032,486 Item 2 5. Total miles of transmission and distribution systems. 77,897.70 6. Miles of transmission and distribution systems under franchise in City. 8.73 7. Gross annual receipts arising from use, operation, or possession of franchise: Item 4 x Item 6 $ 768,019.77 Item 5 8. Two percent (2%) of item 7. $ 15,360.40 Direct Access Municipal Surcharge $ 0.00 FRANCHISE PAYMENT $ J5 360A A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles tt On March �` . 2016, before me, P.J. Hajjv, personally appeared Ernest Hernandez, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. 76 6"P. J HAJJAR Signature `Commission # 2082121 Z i Ir -� Notary Public - Calffornia Los Angeles County { My Comm. Ex ires Oct 16.2018 I hereby certify that the foregoing Franchise Statement is based on the Company's accounting records for the year ended December 31, 2015, and accurately reflects die use of such records in the preparation thereof to the best of my knowledge and belief. Ernest A. Hernandez Manager, Billing and Payment Processing Southern California Edison Remittance Report Vendor: CITY OF VERNON VendorlD: 10021920 Document Invoice Document Net Due Clearing Payment Type Number Date Date Date Amount 2017X_VERNON 4/6/18 4/13/18 4/13/18 $14,997.62 Payment 4/13/18 4/13/18 4/13/18 ($14,997.62) Page 1 of 1 Discount Discount Payment SCE Document ID Notes Amount % Method $0.00 0.00 ACH 2O05189881 •Franchise_pymt_2017_Vernon $0.00 0.00 ACH 2O05189881 Friday, April 13, 2018 8:07:29 AM Schedule 4 SOUTHERN CALIFORNIA EDISON COMPANY FRANCHISE STATEMENT For the Calendar Year Ended December 31, 2018 City of Vernon Franchise Ordinance No.1101 Computation of franchise payment Two percent (2%) of gross annual receipts arising from use, operation, or possession of franchise, but not less than one percent (1 %) of gross annual receipts derived from sale of electricity within limits of City, plus Direct Access Municipal Surcharge. Item a. Gross annual receipts derived from sale of electricity within limits of City. $ 0.00 b. One percent (1 %) of gross annual receipts derived from sale of electricity within limits of City. $ ............ _... 0.00 Item 1. Gross annual receipts derived from sale of electricity in all service areas. $12,035,708,931 2. Original cost of electric plant, exclusive of electric plant held for future use, intangible plant, new construction work not yet in operation and rental properties. $ 46,616,035,622 3. Original cost of transmission and distribution systems, consisting of towers, poles, underground conduits, conductors, line transformers, services and appurtenances. $ 26,274,018,527 4. Gross annual receipts allocable to transmission and distribution systems: Item 1 x Item 3 $ 6,783,640,763 Item 2 5. Total miles of transmission and distribution systems. 78,909.85 6. Miles of transmission and distribution systems under franchise in City. 8.73 7. Gross annual receipts arising from use, operation, or possession of franchise: Item 4 x Item 6 $ 750,491.65 Item 5 8. Two percent (2%) of item 7. $ 15,009.83 Direct Access Municipal Surcharge $ _ 0.00 FRANCHISE PAYMENT $ 15,009.83 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. VERIFICATION CERTIFICATE State of California County of Los Angeles On March -b — 2019, before me, P.J. Hajjar, Notary Public, personally appeared Sarah Ewell, who proved to me on the basis of satisfactory 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P. J. HAJJAR Notary Public . California Los Angeles County Commission # 2258720 My Comm. Expires Oct 16, 2022 WITNESS my h do fficial seal. Signature (6 l hereby certify that the foregoing Franchise Statement is based on the Company's accounting records for the year ended December 31, 2018, and accurately reflects the use of such records in the preparation thereof to the best of my knowledge and belief. Sarah Ewell Manager, Non Energy Billing & Franchise Fees Schedule 4 SOITfHERN CALIFORNIA EDISON COMPANY FRANCHISESFATEMENT For the Calendar Year Ended December 31, 2019 City of Vernon Franchise Ordinance No. 1101 Computation of franchise payment Two percent (2%) of gross annual receipts arising from use, operation, or possession of franchise, but not less than one percent (1%) of gross annual receipts derived from sale of electricity within limits of City, plus Direct Access Municipal Surcharge. Item a. Gross annual receipts derived from sale of electricity within Imtits of City. $ 0.00 b. One percent (1%) of gross annual receipts derived from We of electricity within limits of City. Item 1. Gross annual receipts derived from sale of electricity in all service areas. $ 11,230,099,384 2. Original cost of electric plant, exclusive of electric plant held for future use, intangible plant, new construction work not yet in operation and rental properties. $ 49,604,253,220 3. Original cost of transmission and distribution systems, consisting of towers, poles, underground conduits, conductors, line transformers, services and appurtenances. $ 28,179,833,5% 4. Gross annual receipts allocable to transmission and distribution systems: Item 1 x Item 3 $ 6,379,741,885 Item 2 5. Total miles of transmission and distribution systems. 78,997.60 6. Miles of transmission and distribution systems under franchise in City. 8.73 7. Gross annual receipts arising from use, operation, or possession of franchise: Item 4 x Item 6 $ 705,02,3.27 Item 5 8. Two percent (2%) of item 7. $ 14.100.47 Direct Access Municipal Surcharge FRANCHISE PAYMENT $ 14,100.47 sane of California County off Angeles On Mazda IL 71R0, beforeme, P.1. Napas, Notary Pubbc, persaauy appeared Sarah Ewell, who proved ro mean the basrsof saosfacmry evidence W be Bse prim whose nurse ri subscribed m the wiatin uetr ent and acknow4Wged ro me Hat she eaecvmd the samem her auemdzed mpadry, and root by her signanue wi Neiratrau,art tM perzori, or as a,tlry upon behalf o(whi�h the person acted, «avted the aotrument. 1 rmfffy under PENALTY OF PEK)MY nnW the laws of Me Sure of Cegnm Nat the foregoing Pwagmph a true and cortex 1 hazeby e * tMt the bregomg FrazWdse sbtement. based on Ne Campanys azcounang rerordv fro Me years Wed December31,=9,aid rcuramly reaecb the use dseh records in Nepreparadon ai ofb am bat ar my Immvledge and bead. W InJES my Farad andofadal seal v. s,nuza Signature _ amnA,ma.uaaaa $emh E. mi zz uno ! Manager, ' pre...uw..mu, mzz Non Energy BilWzg&Frand6 Fees 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8423 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DECLARING ITS INTENTION TO GRANT A FRANCHISE TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF VERNON FOR THE PURPOSE OF TRANSMITTING AND DISTRIBUTING ELECTRICITY THROUGH THE CITY OF VERNON, BUT NOT TO SERVE RETAIL, WHOLESALE, RESALE OR OTHER ELECTRIC CUSTOMERS LOCATED IN THE CITY OF VERNON WHEREAS, the City Council of the City of Vernon is authorized by Section 8.9 of the Vernon City Charter, to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance; and WHEREAS, Southern California Edison Company ("SCE") is a. California corporation and a public utility transmitting and distributing electricity by means of poles, wires, conduits and appurtenances, including communication circuits, subject to the Public Utilities Code of the State of California; and WHEREAS, SCE wishes to use and construct and use, poles, wires, conduits, and appurtenances, including communication circuits, necessary or proper therefor, in, along, across, upon, over and under the streets within the City of Vernon, for the purpose of transmitting or distributing electricity through the City of Vernon, but not to serve retail, wholesale, resale or other electric customers located within the City of Vernon; and WHEREAS, SCE's transmission and distribution facilities are described and depicted in the diagram attached hereto as Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 EXI■ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and made a part hereof; and WHEREAS, California Public Utilities Code Section 6232 (requires that the City Council adopt a resolution declaring its intention to grant the franchise, stating the character of the franchise, setting forth a notice of the day, hour and place when and where all persons having any objection to the granting thereof may appear before.the City Council and be heard thereon (which day shall be not less than twenty nor more than sixty days after passage of the resolution), and directing the City Clerk to publish the notice at (least once within fifteen (15) days after the passage of the resolution in a newspaper of general circulation; and WHEREAS, during the life of the franchise, SCE will pay to the City of Vernon two percent (20) of the gross annual receipts of SCE arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one percent (10) of the gross annual receipts derived by SCE from the sale of electricity within the limits of the City of Vernon, being the fee established by California Public Utilities Code Section 6231; and WHEREAS, California Public Utilities Code Section 6233 requires the notice of the public hearing to state that (i) SCE will pay the City of Vernon the percentage specified in its application; (ii) that the percentage will be paid annually from the date of the granting of the franchise; (iii) that in the event payment of such fee is not made, the franchise will be forfeited; and (iv) that the term of the franchise will be designated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby - 2 - 1 finds and determines that the recitals contained hereinabove are true 2 and correct. 3 SECTION 2: The City Council of the City of Vernon hereby 4 declares its intention to adopt an "Ordinance Of The City Council Of 5 The City Of Vernon Granting To Southern California Edison Company, Its 6 Successors And Assigns, A Franchise To Use And To Construct And Use 7 Poles, Wires, Conduits and Appurtenances, Including Communication 8 Circuits Necessary or Proper Therefor, In, Along, Across, Upon, Over and 9 Under the Public Streets, Ways, Alleys and Places Within the City Of 10 Vernon For the Purpose of Transmitting or Distributing Electricity 11 Through the City of Vernon, But Not to Serve Retail, Wholesale, Resale 12 or Other Electric Customers Located in the City of Vernon," which 13 Ordinance shall have an indeterminate term. 14 SECTION 3: The City Council of the City of Vernon hereby 15 sets a hearing on the adoption of the Ordinance on May 5, 2004, at 16 5:00 p.m. in the City Council Chambers at 4305 Santa Fe Avenue, 17 Vernon, California 90058, or at such time thereafter as the matter may 18 be heard. 19 SECTION 4: The City Clerk is directed to publish a notice 20 containing the information required within fifteen (15) days after the 21 passage of this Resolution in the Metropolitan News', a newspaper of 22 general circulation closest to the City. 23 24 25 26 27 28 / / / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 7th day of April, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. MAL URG, M yor - 4 - 1 2 3 4 5 6 7 8' 9 10 11 12 13' 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8423, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, April 7, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 5 - EXHIBIT "A" [DIAGRAM] INTENTIONALLY LEFT BLANK (to be supplied later) !t ,. i r ....7r•. i � � =r [ • ,�w 3r f Y'K' � •� a��q ( AM6 Rt•M phi p_ e rt sNYt �. i' 2t r �Ml�'Y 1'i a R R :� h �� � � •' A r" L _+ � Y 1 11 S 'l i # .• • � _ R � ��. _ s taro: - sn� SS .�...w �. 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