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Resolution No. 1289 .) .f 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 < 26 2~ >- .. ~;;; 27 9 g:n: Ul~ZId< Ulzo!:o ~ 28 .. oe( Z:l ." Oo~~~lo:~ Id ot->ciD:.. U>t-..> <'Id ~Ul<o~lI." 29 ooe()o~uz~ ::E!:u~ ~ ~ 00 u" ~ 30 J: ~2;iil I- al ... .. oz :: :l 31 J: 32 ... r ~ 1 RESOLUTION NO. 1289 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON EXERCISING ITS OPTION CONTAINED IN THAT CERTAIN LEASE AGREEMENT BETWEEN THE 3 CITY OF VERNON AND THE SOUTHERN CALIFORNIA EDISON COMPANY, ,LTD. DATED February 23, 1937. THE CITY COUNCIL OF THE CITY OF VERNON DOES RESOLVE AS FOLLOWS: THAT, WHEREAS, the Southern California Edison Company, Ltd. has heretofore filed an application with the Railroad Com- mission of the State of California, bearing application No. 26791 to have determined by said Commission that public convenience and necessity require the Southern California Edison Company, Ltd., to supply alternating current electric service to all of its consumers with a unified system frequency of sixty cycles, and said CommiSSion has rendered its decision No. 38090 authorizing such change of frequency subject to the terms and conditions set forth therein, and WHEREAS, the Southern California Edison Company, Ltd. by letter dated August 24, 1945 addressed to the City of Vernon, did notify and advise the City of Vernon that it desired to change the cycle frequency on the electric generating and dis- tributing system of the City of Vernon, which generating and distributing system of the City of Vernon is being operated by Southern California Edison Company, Ltd., under a lease agree- ment dated the 23rd day of February, 1937; and - WHEREAS, said Southern Californfa Edison Company, Ltd. did thereafter on January 3, 1946 by letter addressed to said City of Vernon, signed by W. N. Johnson, Manager, Frequency- Change Department of saiq Southern California Edison Company, Ltd., advise the City of Vernon that in the event said City exercised its option to have its system cut-over, the Edison Company would absorb all expenses incurred in cutting over the city and consumer-owned equipment to sixty cycle operation, no .. j 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ 26 z II:: >- ~ 0; 27 9 :i:; Ul~z"~ Ulzo!:o ~ 28 0. <C z::l ." OO~ffi~lo:~ .. "...> ci ~ 0. 2>"'0.>0." 29 ::: Ul~oa: : o<c>~uzz ~!:ub: ~ g 00 u" ~ 30 1: : ~ bl I- Gl ... .. oz :;:::1 31 1: 32 -" 1 no portion of such expense to be charged to the City of Vernon 2 or to the capital accounts which are subject to possible re- 3 imbursement by the City upon the termination of said lease 4 agreement; and 5 WHEREAS, under the terms and conditions of said lease 6 agreement the City of Vernon has the option to determine as to 7 whether or not such change of frequency shall be made to the 8 generating plant and distributing system of the City of Vernon: 9 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. That the City Council of the City of Vernon does hereby in the name of the City of Vernon exercise the option contained in that certain lease agreement between the City of Vernon and the Southern California Edison Company, Ltd. dated February 23, 1937, and elects to have its elatric generating plant and equipment and its electric distributing system covered by said lease agreement reconstructed and changed so as to Supply the consumers supplied by said system with sixty cycle electric energy in the place and stead o.f the fifty cycle energy presen~ being supplied, subject to the following terms and conditions: 1. That the Southern California Edison Company, Ltd. make all changes necessary and pay for and/or absorb all costs and expenses in such cycle frequency change to sixty cycle, including specifically, but not limiting the gener- ality thereof, all costs and expenses of reconstructing, changing, altering and/or adding to the electric generat- ing plant and distributing system of the City of Vernon and for said purpose, that no portion of such cost or expenses shall be charged to the City of Vernon or other capital accounts which are subject to possible reimbursement by the City of Vernon under the lease agreement between the 2. . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~ 21 ~ 22 ~ 23 '5:.. ~ 24 ~ 25 :: 26 "Z go: >- .;, ~;; 27 e g - .. 00>- .. ~ .. OOId~!:O ~ 28 ..<l:Zz:> m oo~~~:i~ .. 'I-> ci ~ .. !l>~..>D.. ~ 29 ~ 00 0 iil .. O<l:>-~uZz ..,1--- 0 0 ""'i3U!!: I- il: 30 o u CI .. I: ~ ~ iiJ I- 1Il I- .. oz :;:::J 31 I: 32 ., City of Vernon and Southern California Edison Company, Ltd. dated the 23rd day of February, 1937. 2. That the consumer owned equipment supplied by the distributing system of the, City of Vernon be re- constructed, changed and/or added to so as to operate at a sixty cycle frequency under the same terms and condi- tions as such changes made elsewhere on the system of the Southern California Edison Company, Ltd., and without cost charge or expense to the City of Vernon. 3. That the Southern California Edison Company, Ltd., secure by proper order or decision of the Railroad Com- mission of the State of California, authority in form and . substance satisfactory to the City of Vernon authorizing Southern California Edison Company, Ltd., to make the aforesaid changes in said electric generating plant and distributing system of the City of Vernon and equipment of consumers supplied by said distributing syste~ under the terms and conditions hereinbefore set forth. Section 2. The City Clerk of the City of Vernon is hereby directed to cause a certified copy of this resolution to be delivered to the Southern California Edison Company, Ltd., and also cause a certified copy of this resolution to be delivered to the City Electrical Engineer, of the City of Vernon. Section 3. The City Clerk is hereby directed to certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. ADOPTED AND APPROVED, February 19, 1946. ~~~ or - y 0 f Ve · A.T...TE.S~..T/..'.'. ,......._.-... '.. r- _L t. rk /.. .'. 3. .; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ 26 ~~ >- "~;;;27 9 g - N 00> ..I., OOIll~~~ ~ ..<Czz:> m 28 OUIl:!l:Ul i :i .. .~::= ci II: ~ !:!>I-..>~" 29 ~oo<lO~ : o<c>~uZz ....1---00 "'ijU!!:I-~ o U CI .. 30 :I ~~~ ..... ., I- I- oz ~:;) 31 :I 32 1 S~TE OF CALIFORNIA ) . . 2 COUNTY OF LOS ANGELES ) 3 4 5 I, T. J. FURLONG, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution No. 1289, was duly adopted by tpe City Council of the City of Vernon, and 6 approved by the Mayor of said City at a regular meeting of the City Council held on Febr~ry 19, 1946~ ~ ~-.. ~ ./ . .... . Ci~rk / / ... . 4. -.. JIr. W.o. Mullendo" I P1'8s1dent Southern Qa I1tornla Bdison Oompany,. Edison Building, Los Angeles,Oalitornia. Dear )I~. :t am herew1th Resolut-.on 10. 1889, adopted by-the Oity Oouncil of the Oit1 or Vernon on Peb:rua17 19, 1946, exercising lease agreement be,tween 01 ty ot Yernon and Edison Oompany, Ltd. regaeding ohange in cyole frequenoy. City of Vernon Vernon, California Attention Mr. T. J. Furlong Dear Mr. Furlong, This is in reference to your letter of September 6th, 1945 regarding the change over from 50 oyc,le to 60 cyole energy by the Southern Califor:cia Edison vompany. The papers were referred to Stanley W. Guthrie, attorney for the Assooiation, for review. I am returning herewith all the papers transmitted to me and in addition thereto the original signed opinion of Mr. Guthrie and also of Mr. W. C. Mullendore, president of Southern California Edison Company confirming the powers of W. N. Johnson and a copy of the resolution that Mr. Guthrie thinks should be adopted by the oity. Yours very truly, VERNON" INDUSTRIAL DEV. ASSO. '-'\,. CRS/rs '0 " \ t'" ~. f"'\ iJ\J '\ c~5Q ~J ;. ~/ . c%JJv"\ ~ck IV\ ,,,,,/~ OFFICERS AND DIRECTORS BRUCE F. BROWN. PRESIDENT JOS. CEREGHINO. VICE.PRESIDENT JOHN B. LEONIS. JR. SECRETARy.TREAsURER FRED ISAACS. DIRECTOR A L. LUNDIN. DIRECfOR C. R SMURR MANAGER HASKINS & SEllS. AUDITORS 3 7 1 5 SANTA F E AVENUE VERNON. CALIFORNIA TELEPHONE LAFAYETTE 6520 February 18, 1946 IN REPLY REFER TO VERNON INDUSTRIAL DEVELOPMENT ASSOCIATION . , LAW 0 PFICES STANLEY W. GUTHRIE HUGH W. DARLING EDWARD S. SHATTUCK GUTHRIE, DARLING & SHATTUCK 737 PACIFIC MUTUAL BUILDING WILLIAM H. EILERS LOS ANGELES 14 February 15, 1946 Vernon Industrial Development Association 3713 Santa Fe Avenue Vernon, California Attention: Mr. C. R. Smurr, Manager Gentlemen: In reply to your request for our opinion relative to the proposal of Southern California Edison Company to change frequency on the Vernon generating and distributing plant's system from 50 to 60 cycle energy and the effect thereof on the City of Vernon by reason of the outstanding Lease Agreement with said company, we wish to advise as follows: We have checked the opinion rendered by the Rail- road Commission of the State of California under their Decision No. 38090, Application No. 26791 of Southern Cali- fornia Edison Company, Ltd., for permission to change frequency over their system and find that the Edison Company has been given permission to make such change of frequency from 50 to 60 cycle under certain terms and conditions therein set forth, and that the Commission has retained jurisdiction in the matter in order to determine such other factors as may become involved in connection with such change. In the order issued in connection with such opinion, Edison Company was authorized and directed "to assume in addi- tion to the conversion costs of its own equipment, the direct costs of adapting consummers' appliances for proper operation at a frequency of 60 cycles, provided that when a consummer desires to replace the appliances with new equipment or the remaining life of the appliances does not justify adjusting same, the consummer shall pay an amount to be determined in ac- cordance with the principles to be established by supplmental order herein." Section 9 of the Lease Agreement between the City of Vernon and Southern California Edison Company, Ltd., provides, as follows: Vernon Industrial Development Association Page Two - February 15, 1946 "It is distinctly understood and agreed that if Edison, its successors or assigns, herea~ter changes the cycle frequency under which it distributes its electric energy in all or any part of Los Angeles County, including any incorporated territory therein, (excepting only where power at said changed cycle ~requency is wholesaled by Edison only), Edison will immediately, at the option o~ Vernon, commence, and thereafter proceed diligently until completed, to reconstruct the generating equipment in the Vernon generating plant so that electricity will be generated thereat at the changed cycle ~requency, and to make a corresponding change in the cycle frequency under which it distributes electric energy to all consumers within the City of Vernon, under the same terms and conditions as such change is made elsewhere on the system of Edison, its successors or assigns, and subject to the same terms and conditions as are herein provided for extensions, additions, alterations and improvements made to the leased property, and as set ~orth in Sections 7, 13 and 14 hereo~.iI The proposed change in frequency will require Changes in the generating plant of the City of Vernon, as well as eon- summers' equipment. A question arises as to whether the ehanges made to the generating plant will extend the life o~ the plant by reason of the necessary ehanges to various parts of the operating equipment and as to whether by reason thereof a portion of such costs should be charged against the City of Vernon under the provisions applicable to payments to be made by the City upon the termination of the Lease Agreement. It is our understanding that this latter question has been discussed by Mr. Carl Heinze, Consulting Engineer for the City, with the officials of Edison Company, and that the Edison Company now agrees that such ehanges to the generating equip- ment will not extend the li~e of such equipment and the costs thereof should be ehargeable to the Edison Company as an opera- ting charge and no part thereof charged against the City upon the termination of the agreement. We also have examined the letter o~ W. N. Johnson, Manager, Frequency Change Department, of Edison Company, dated January 3, 1946, addressed to the City of Vernon, stating that "in the event the City of Vernon exercise its option to have its system cut over, Edison Company proposes to absorb the expenses incurred in cutting over the City and consumer-owned equipment; no portion of such expense being charged to the capital accounts which are subject to possible reimbursement by the City upon the termination of the lease." The under- Signed, Stanley W. Guthrie, called Mr. Gail C. Larkin, Vice President and General Counsel, to ascertain the authority of W. N. Johnson to commit the Edison Company as above re~erred , Vernon Industrial Development Association Page Three - February 15, 1946 $ to and was advised that he had authority so to do and that a letter to such effect would be forwarded confirming the same as the act of Edison Company, the original of which letter was received and is attached- hereto. Although there is some ambiguity in the wording of the lease agreement relative to the question of charge against the City for alterations to the generating equipment, it is our opinion that unless the life of said equipment is extended by reason of such alterations that no charge is per- missible against the City for such alterations. The referred to letters of Edison Company denote their acquiescence therein, and their discussions with Mr. Heinze indicate that they have agreed with Mr. Heinze's conclusions that the life of the plant would not be extended by such alterations. Under the above referred to order of the Railroad Commission and under the powers conferred upon them, said Commission has authority and jurisdiction to allow or disallow Edison Company to charge the costs of changing frequency against consumers and others, and the question might be raised by said Commission as to whether or not Edison Company should pay the costs of alteration to the generating equipment. Based on the opinion of Mr. Heinze and the acquiescence of Edison Company therein, we are of the opinion that the facts justify and recn:tire the pa~ent of these costs by Edison Company. Mr. ~ail C. Larkln, Vice President and General Counsel of Edison Company, has advised the writer orally that in the event the matter became an issue before the Railroad Co~~ission, Edison would contend that such costs be borne by Edison Company. Tne above referred to opinion of the Railroad Commission (Decision No. 38090) does not contain any reference to, or give any decision as to the situation in the City of Vernon, or authorize Edison Company to pay the cost of change- over on the City of Vernon leased plant and system, and we believe that while we are inclined to the view that these costs are chargeable to Edison, in the event the City elects to have such change in frequency made such consent should be condition- ed upon the payment and/or absorption of said costs by Edison and the securing by Edison of an approval by the Railroad Commission therefor by supplemental order. We are enclosing herewith a suggested draft of a resolution to be adopted by the City authorizing such change in frequency to be used in the event the City elects to have such change made, and to be changed, amended, or added to as the City Attorney may deem advisable. ~ Vernon Industrial Development Association Page Four - February 15, 1946 We are returning herewith your file as forwarded to us. In the event we can be of any further service in connection with this matter, kindly advise us. Yours very truly, GUTHRIE, DARLING & SHATTUCK SWG : PEJvI BY.#- Stanley W SOUTHERN CALIFORNIA EDISON COMPANY LTD. EDISON SUI LDING W. C. MULLENDORE LOS ANGELES,CALlFORNIA PRESIDENT February 8, 1946 Mr. Stanley W. Guthrie Attorney at Law 737 Pacific Mutual Bldg. 523 West Sixth st. Los Angeles-14, Calif. Dear Mr. Guthrie: ~~. Larkin advises me that you are writing an opinion in connection with the possible cut-over of the City of Vernon from fifty to sixty cycles. He advises me that you have called his attention to the fact that the letter of January 3, addressed to the City of Vernon, is signed by "We N. Johnson, Manager, Frequency-Change Department", and that Mr. Johnson is not an officer of the Company. I wish to confirm Mr. Larkin's statement to you that Mr. Johnson was authorized on behalf of the Company to write this letter, which states in part: "In the event the City of Vernon exercise its option to have its system cut over, Edison Company proposes to absorb the expense incurred in cutting over the City and consumer-owned equipment; no portion of such expense being charged to the capital accounts which are subject to possible reimbursement by the City upon the termination of the lease." Very truly yours, WCM-H President. ." ._-~ <'#01. SOUTHERN CALIFORNIA EDISON COMPANY LTD. EDISON BUILDING LOS ANGELES,CAUFOR NIA August 24, 1945 Ci ty of Vernon 4305 Santa Fe Avenue Vernon, California Gentlemen: 4. \<j4~ \) t? (t (A............-i.....'. . "" . " 'jIt"'~ <' .t'<r,-"\'~;..,<,.fl't ,,/,..-I)i>" Under date of July 27, 1945, the Railroad Commis- sion of the State of California approved the Company's app- lication to serve all of its customers at a uniform system- wide frequency of six~y cycles, and accordingly issued an order upon the Company to cease delivering fifty cycle energy at the time sixty cycle energy is available. The program and SCheduling of the cut-over areas of the Company's system was based upon our ability to divide the system for fifty and sixty cycle energy delivery and the assumption that war, manpower and material procurement con- ditions would permit starting field conversion in the numer- ical order of areas as shown on Map Exhibit I attached. The program called for starting field conversion in December, 1946, with completion scheduled in the latter part of 1949. In view of the earlier termination of the war than was anticipated, it is now desired to accelerate the starting date of this program by taking advantage of the lower demands for electric energy now being experienced during the reconver- sion of industry and commerce from war to peace. The lower demands for electric energy make it possible to isolate certain of our 66 kv lines for the delivery of sixty cycle energy, in limited amounts, into the Los Angeles County areas as shown on Map Exhibit II attached. This will permit delivering sixty cycle energy from our third Boulder line into our Chino sub- station and from there to our LagunaBell and Eagle Rock sub- stations with a tie to our Long Beach steam plant. As there are a number of postwar projects now planned for immediate construction in this area, as well as a reconver- sion of plants now served from our 66 kv lines out of our Laguna- Bell substation, it is desired to supply these plants with sixty cycle energy at this time so as to avoid having to frequency- change these projects at a later date, which would not only be costly but would slow down our whole program of conversion. City of Vernon 2. August 24, 1945 In the event City desires to exercise its option to have the diesel plant and distributing system cut-over to sixty cycles, we are of the opinion that upon the making of such determination, the programming of the cut-over should be carefully arranged between City and the Company so that service to consumers within the City of Vernon, through the facilities. of City, will not be at any time subject to serious interruption. In this connection, it is our belief that City'S diesel plant should first be cut-over to operate at sixty cycles and that orders be placed with manufacturers for the necessary parts. Yours very truly, Vv'NJ":_ S att'd - 2 ~~7~ ~ Vi. ~..J ohnson, Manager Frequency-Change Department J. B. LEON IS. MAYOR OFFICERS TELEPHONES T. J. FURLONG. CLERK F. G. FRENCH. TREASURER THOMAS V. CASSIDY. CITY ATTORNEY FRANCIS BATES. CITY ENGINEER ERNEST GILES, CHIEF OF POLICE DR. H. F. BECKER. HEALTH OFFICER C. B. HUBBARD. POLICE JUDGE F. H. DONNELLY, FIRE CHIEF . CITY~. COUNCIL C. H. MAILLIARD C( W. TROWBRIDGE G. H. ANDERSON J. J. POXON CITY CLERK LAFAYETTE 8878 POLICE DEPT. 8964 ENGR. DEPT. 2415 FIRE DEPT. KIMBALL 2522 HASKINS & SELLS. AUDITORS G. A. ANDERSON. DEPUTY CITY CLERK CITY HALL 4305 SANTA FE AVENUE IN REPLY REFER TO: VERNON"'1.1., CALIFORNIA January 19, 1946 Vernon Industrial Development Association 3713 Santa Fe Avenue Vernon, Oalifornia. Attention: O.R.Smurr Manager Gentlemen: At a meeting of the Oity Oounoi1, held on January 15, 1946, the attaohed oopy of a comm1\mioation from Mr. W. N. Johnson, Manager of the Frequency-Ohange Department of the Southern Oalifornia Edison Company was referred to your Association. is a supplement to their oommunication forwarded to you about the lhis communioation 4th of September, 1945. Yours very truly, ~ . COpy '" SOUTHERN CALIFORNIA EDISON COMPANY, LTD. Edison Building Los Angeles 53, California January 3, 1946 City of Vernon 4305 Santa Fe Avenue Vernon, California Gentlemen: Request has been made for a supplemental statement to our letter of August 24, 1945, covering the accounting proced- ure proposed to be followed by Edison Company in so far as Vernon accounts are concerned. In the event the City of Vernon exercise its option to have its system cut over, Edison Company proposes to absorb the expense incurred in cutting over the City and consumer-owned equipment; no portion of such expense being charged to the capital acco~nts which are subject to possible reimbursement by the City upon the termination of the lease. , There are several major changes to be made at the Diesel plant, incl~ding the installation of new field coils at an estimated cost of $96,500. In addition to the Diesel plant Edison Company proposes to cut over all of the City and consumer- owned equipment served by the Company at the time of cutover, including the meters owned by the City. It is understood that before any orders are placed for the purchase of equipment, the recommendations of Company engineers with respect to the major changes in the Diesel plant shall be first approved by Mr. Heinze on behalf of the City. Yours very truly, Signed by W. N. Johnson W. N. Johnson, Manager Frequency-Change Department WNJ-H COP Y