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Resolution No. 1295 ~" ---, "'--, :-.... -, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I. 16 17 18 19 20 21 22 23 24 25 26 27 28 ' 29 30 3l S2 .'-""'-..,"-'"' r'-~ ~ ~ , I ! RESOLUTION NO. I J.. 'l S" A RESOLU~.IoN OF THE CITY COUNCIL 'OF THE CITY OF VERNON, 'AumORIZDTG THE PUBLICATION OF NOTICE TO SELL A FRANCHISE FOR A PERIOD ENDING THE FOURTH DAY OF :MAY 1987 TOCONSmUCT,OPERATE, llTER, nm- TAIN AND USE AN EtEC'fRICDISTRIBUTION ANI); TRAN'S- :MISSION SYSTEM CONSISTING OF POLES-, CROSS-ARMS, CON- DUITS , ,CABLES, WIRES AND OTHER .APPLIANeES AND APPU,R-, TENANCES (OTHER THAN TOWERS) ON, ALONG, UPON, IN, UNDER AND_ROSS SOTO STREET FROM LEONISAVENUE (48th STREET) TO SOUTH CITY BOUNDARY, AND TO USE AND ' OPERATE SAID SYSTEM SOLELY FOR TEE PURPOSE.OF DISTRI- BUTING ELECTRICITY WI'rHIN THE CITY OF VERNON TO THE CITY. ITSELF AND TO'fBE LOS ANGELES TRANSIT Lrm:SFOR RAILWAY PURPOSES ONLY, AND TO TRANSMIT ELECTRICITY THaOUGH THE CITY OF VERNON,TOSERVE CQlMUNITIJ!:S ,.:AND .' CONS'O'1vmRS OUTSIDE THE CITY OF VERNON f'ollows: The City Council of' the City of' Vernon does resolve as WHEREAS, Southern Calif'orniaEdisonOompany Ltd .lUis. , made application to the City Council of' the City ot Vernon tor a f'ranchise or privilege, tor a period beginning on the.<late 9tthe granting of such Franchise and ending on the', 4th day ot Mal, 1'$7, to construc.t, itperate, alter, maintain and use an eleetried~ri- bution and transmission system consisting otpoles, cross-arms, cQaduits, cables ,wires and other appliances and appurtenances, (otherthU towers), f'or the purpose of conducting, tres:m1ttlng and distributing electricity and electric energy tor light, heat amdpewer purposes and for any and all other purposes tor which ' electricity eanbe used,on,along, upon, in, under and across Soto Streettrom Leonis Avenue (48th Street) to the south city boundary within said City of , Vernon; said system to be, used sOlely tor the purpose of' distributing electri'ity within the City of Vernon to the City itself', including any department thereof', and to the Los Angeles Transit Line, its successors andassigns,f'or railway purposes only, and to transmit electricity through the City of Vernon to serve communities and consumers outside the City of Vernon; said franehiseto permit the use of telephcne circtdt$' incidentally used in connection with the operation of said electric and distribution system; and WHEREAS, it is the desire of the City Council of' the City of Vernon that a franchise for said purposebeadvertised.t.o be sold, and that the same be sold to the highest bidder according to law; ", '. " ' '~ , ,J NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of' Vernon ofter for sale to th., highest bidder, Ii. franchise described as follows:" , A Franchise or Privilege for a period commencing w~th the date of"the granting ot.s,aid Franchise and ending on the 4th day OfllaY,.1987, to constrit,d1;i op~rate,' alter, maintain and use an, electric distribution ~atransmisslon system conslstingot ,"les, cross-arms, conduits, .abl~s. wires and other appliances Gd'appurt tenances(other than tc>wer~) f'or the purpose of' conducting, trans- mitting and distributingele:8trici ty and electric energr.:t.or " 1. ~) 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 29 30 31 / 32 .---- .. t light, heat,and power purposes and for any and all other pUrposes for which electricity can be used, on, along, upon in, under and across Soto Street from Leonis Avenue (48th StreetJ to the south ci ty boundary, said s.ystem to be used solely for the purpose of distributing electricity within the Oity of Vernon to the City itself, including any department thereof, and to the Los.A.ngeles Transit Lines, its successors and assigns, tor railway purposes only, and totransmdt electricity througA the City of Vernon to serve communities and consumers outside the City of Vernon; said franchise to permit the use of telephone circuits incidenta~ly used in the operation of said transmiss:j.on and distribution system. BE IT FURTHER RESOLVED, that the Clerk of the City of Vernon is hereby authorized and directed to advertise by publish- ing the following Notice of Sale of Franchise in the San Marino Tribune,a weekly newspaper of general circulation, printed and published in the Oountyof Los Angeles, State of Califo~nia~ once a week for four (A..)successi ve weeks, beginning with the issue of the 1..~ day of ~' . . .' " 1946: NOTICE OF SALE OF FRANOHISE Notice isherebygiventha;t,application has been made to the, dity Council of ,the 'City of Vernon, State of Oa1ifornia, by the Southern Ca1iforniaEdison Com:~ pany Ltd., a co>rporation,.for'the franchise hereinafter described, .and..tt is proppsed by said City Council to offer 'tor sale and gr8ltt by ordinance, to the highest bi4'er, saidfranehise on the terms and conditions hereinafter mentioned. ",Said franchise is hereinafter described as follows:: , , The right, pi'iyilegeand franchise Is 1'1e1'8by granted to , . a person, firm or corporation organized and exist- ing under and by virtue 'of the laws of the Sta.te of California, his~ its, or their SUccessors and as- signs, fora period beginning on the date of the ~ranting of sueh franchise and ending on the fourth (4th) day of )fay, 1987, to oonstruct,operate, alter. maintain and use an electric distrIbution and trans- mdssion systemoonsisting ot poles, cross-arms, con- duits, cables,., wireS ,e.ndother appliances and . appu.rten~ ances (other than towersl,.for thepurppse of conducting, transmitting and distributing electricity and electric energy for light, heat and power purposes and for any and all other purposes for which electricity can be used, on, along, upon, in, under and a.cross Soto Street from Leonis Avenue (48thS.treet) to the south city , boundary within said City of Vernon. Said system to be used solely for the purpose of distributing eleetricitywithln the City ot Vernon to the City itself , including any departmen) thel'eof~ u.d to the Los Angeles Transit Lines , its sucoessors" and assigns, ,for railway purposes only, and to transmit electricity through the Oity of Vernon to serve eom. munitiesand 'consumers outside the City ot Vernon; il4.i4 franchisetopermlt the use of telephone cirotlits in- cidentally useful or convenien.{. in connect#on witA. tile operation of said transmission and distribution Syst.., upon said street. 2. r ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i' The terms and conditions on which said franchise is to be granted are as follows: SECTION 1. The electrical transmission and distri- bution system to be constructed and operated under .aid franchise shall be built in a good and workmanlike man- nerand of good material, and all wires exjending over or alongsaia street, highways or pUblic places shall be placed at least twenty (20) feet from the ground, or at such other reasonable height or distance as said City Council may, by ordinance or reSOlution, provide, and shall be thoroughly insula.ted and protected by guard wireswh~rever necessary, and all poles to be erected and maintained hereunder to be at least six'(6) inches in diameter at the base and four (4) inches in diameter at the top and at least twenty (20) feet in height. Said system and all component parts thereof shall be constructed in accordance and conformity with the statutes of the State of California, and with the rules and regUlations. if any, of the Railroad Commission of the State of Cali- fornia, or any other body having Jurisdiction to prescribe the mode of construction of said system. Said system and all component parts thereof shall be constructed of good material, and shall, solely at the expense of the grantee of this ,franchise, his, its or their successors or assigns, be constructed, erected, located, relocated, maintained, and/or replaced in conformity with the ordinances,reso- lutions, and instructions from the City Council, provided that said instructions and regUlations of the City Council are not in conflict with any paramount authority of the State of California; and before commen6tDg any work or construction hereunder the grantee, his, its or their successors or assigns,Shall make application for, and obtain, any permit then required by ordinance or by-general law then in force. Unless otherwise ordered by the Street Superintendent or City Engineerl all poles shall be placed in the street or highway six (6) feet from the property line where there are no sidewalks and where the property is not platted, and flush with the property side of the curb where there are. sidewalks and where the property has been platted, an.dadjacentpoles shall not be placed nearer together than one hundred (100) ~eet, except at street crossings and crossroads or where necessary to sup- port transformers or other electrical equi~ment which cannot be mounted on'a single pole, or where the pUblic safety requires. The work of erecting, locating, re-locating, main- 25 taining, repairing and/or replacing such poles, wires, cables, cross-arms, conduits, guy wires, insulators and 26 all other necessary and convenient appliances or attach- ments, shall be conducted with the least possible hindrance 27 to the use of said streets, alleys, public highways, and public places for the purpose of travel, and as soon as 28 such work is completed all streets, alleys, public high- ways, and pUblic places which have been excavated or 29 otherwise changed or injured thereby, shall be placed in as good condition as the same were in before such work 30 was commencea and to the satisfaction ot the City Council of said City. 3l 32 The grantee of said franchise, his, its or their successors or assigns, shall indemnify, protect and 3. .. 4' 1 save harmless said City 'and '. the officers thereof against and f;rom:ar:Lllj.bility' ~r claiU ~.thereof to any persons 2 or property, arising from. damage or injury suffered 'by reason of any excavation or other "ark.being improperly 3 guarde<l'during said work:. ',," ; 4 The City of Vernon reserves the right to change the grade of any street, avenue, highway, lane, alley, and 5 pu.blic traveled way on, along, upon, in, under or across which this franchise is granted, and the grantee of said 6 franchise; his, its or their successors or assigns, shall at once, at his, its or their own cost and expense, change 7 the location of all lines or other appliances erected or installed under said f].!t:Ulehise, so as to conform to said 8 change of grade as hereinbefore provided, without any re- course for damage whatsoever against the City of Vernon 9 on account thereof. 10 If . the grante.e of said franchise, his, its or their su.ccessors or assigns, shall. fail to comply with any of 1l the written instructions of said City Council, street Superintendent or City Engine,I' of said City, with res- 12 pect to the location, erection, operation, or maintenance of said poles, wires, cables, appliances and conduits, 13 or any of them, 01' any part thereof, or the repair of any damage to said streets, avenues, highways,laneB. 14 alleys, or publi c traveled ways , within ten' (10) days after the service of written notice upon said grantee, 15 his, its or their successors or assigns, requiring com- pliance therewith. then said City Council, Street Super- le intendent or City Engineer m.ay immediately do whatever work: is necessary to carry out said instructions, at 17 the-cost and expense of said grantee, hls, its 01' their successors or assigns, which costs, by 'the acceptance.of 18 said franchise, said grantee, his, its, or their suc- cessors 01' assigns, agree to pay upon demand. 19 20 21 22 23 24 25 No tra.n.smission or distribution lines ala,ll be con- structed or maintained hereunder carrying voltages in excess of 75,000 volts, nor shall any thereof be located on both sides of any street, highway, lane, alley, 01' public traveled way, without the written consent of the City Council of the City of Vernon so to do first had and obtai,ned. 26 SECTION 2. The work: of erecting the poles and wires hereunder shall be commenced in good faith within not more than four {4) months from the granting of said fran- chise ,and if not so commenced wi tbin said time, said franchise sball .be declared forfeited; provided that any systemndw constructedwhicb is now or sball hereafter be operated within said City of Vernon by the grantee of said francbise, Shall be considered as constructed under t,heprovisions of said franchise., The .work hereunder shall be prosecuted diligently and in good faitb-by the grutee of said franchise so as to meet and fill the reasonable needs of the inhabitants of the territory for the services for which said franchise is granted. SECTION 3. The grantee sba.1.l, during tbe life of suo chtranchise, pay to the City of vernonl in lawful, - money of the United States, two per cent 2%) of the gross annual receiptsot said grant.. arising from the 27 28 29 30 31 32 4~ 1 2 3 4 5 use, operation and possession of such franchise within the corporate limits of the City of Vernon, including moneys received fOr the use, sale, rental or furnish- ing of electrici tyfor any and all purposes for which electricity can be used, said payment to be computed and paid in the manner provided bylaw. No percentage shall be paid ror the first five (5) years succeeding the date of such franchise, but thereafter such peroentage,shall be payable annually. It shall be the duty of the grantee of such franchise between January 1, 1952 and March 1, 1952, and between January 1 and :March 1 of each and every calendar year thereafter to file with the City Clerk a statement,., verified by the oath of said grantee or'by the oath of the president, secretary, 01' general man.,.!' of said grantee, showing in detail and in total all !ross receipts and gross earnings collected or received by said grantee during the preceding calendar year (or, !nthe case of the first such statement, the remaining part Of the calendar year following the espiration of five'"(5) years from. the date of the granting of such franchise} from the use, sale, rental or furnishing of electricity tor any and all purposes for which electricity can be tlsed, from any and all parts of said system 'located within the corporate limits of the City of Vernon. In the event the grantee of such franChise shall be a per- son, firm or corporation owning, operating or maintain- ing an existing electric distribution and transmission system within the City of Vernon, said payment of said two per oent (2%) of gross receipts shall begin with the, first year succeeding the date of such franchise, and it shall be the duty of such grantee to file said verified statements with the City Clerk between January 1, 1947 andllarch 1, 191.t.7, and between January ,I and March 1 of each and 'every calendar year thereafter. ,Within ten (lO) days after the filing of said statement in any year, it shall be the duty of said ~rantee to pay to the City Treasurer two per cent (2%) of the total amount of gross receipts shown on such statement. If, l.n the judgment of the City Council, the amount tendered in payment is incorrect, said Oouncil may order the payment of such additional sum as it may find due, and if said payment in the correct amount is not made , same may, be collected by suit. To enable said City to asoertainthe true amount payable,. said City or any duly authorized agent of said Oi ty shall'c',at'an:T'reasonab'le,;time or times, have access to all books, .accounts and records of said grutee, h~s, its or their successors or assigns, which may be material to said matters; and any neglect, omission or refusal of said gran:tE?e ,.his, its,or their successor,s or assigns, to file said verified statllDlent or to permit said inspection or to pay the said percentage of the said gross annual re- ceipts at the times and in the manner hereinbefore provided shall ipso facto work a forfeiture of said franchise and ali the rights thereunder to the said City of Vernon. , I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S2 SECTION 4. The grantee of said franchise, his, its, or their successors'Qrassigns, shall, during the life of said franchise, furnish, tree of cost and expense t.O said Oity of Vernon and ,the various departments thereof located in the Vernon City Hall, all electridlty,and electric energy necessary or convenient for the purpose of supplying said Oity Hall building, including the City Jail, with light, heat, and incidental power at 5. 1 1to1tages not to exceed approximately those now in use in .aid buildings. 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 29 30 31 32 SECTION 5 . Whenever any portion of the territory covered by said franchise shall be annexed to, or other- wise, become a part of, any other municipal oorporation, . or of the County of Los Angeles, or of any other county. the rights reserved under said franchise to the City of Vernon, or any officer thereof, shall inure to the bene- fit of such municipal corporation or county and its appropriate Officers. SECTION 6. The grantee, his, its or their successors or assigns, shall not sell, assign, or transfer said fran- chise, or.any of the rights or privileges granted hereby, except upon written notice to be filed with the City Clerk of said City at least ten (10) days prior to ,the' sale, transfer, or assignment thereof,. within which said period, or other period permitted by the City Oouncil ' upon application therefor, the grantee, his, its or their successors or assigns, shall, upon request of the Oity Council, f~ish it with such other statements or in- formation as the City Council may reasonably require with reference to such sale, ~ssignment or transfer. Anyne-glect. omission or refusal of said grantee, his, its 01; their' ' successors or assigns, to give such notice or furnish such statements or information, shall, at the option of said City, nullify and :make void and of no effect whatsoever such sale, assigmnentor transfer or purported sale, assign- ment or transfer of said franchise; provided, however, that in all cases of sale, assignment or transfer 'a duplicate signed copy of such original sale, assignment or transfer must be filed w1ththe city Cle,rk of the city o'tVeraon, , together with a written acc.ptance of said franchise and agreement to be bound thereby duly executed by any such pur'ch~ser, assignee, or transferee. No sale, assigIl1flent., or transfer tas. herein Jrovl~aed',;()f\ this franchise or >of any of the rights or pri'Vilegesgranted hereby shal11"e'" lease the grantee, or any sUbse,quent, purchaser, assignee, or transter..; from. any ofllis,:i'tsor their duties or obligatlonshereunder, unless expressly released in writing by the CIty of Vernon. SECTION 7. The o~dinance granting said franchise shall take effect thirty ()o) days from and' after the date of itsad.option, and, sa.id grantee ,within said thirty (30) day period shall file with the City Clerk a written' acceptance of the same; and shall keep, observe,.andper~ form all of the terlilsa.n.d conditions in said franchise provided to be ke-pt, observed and performed by said gramee, his, its or their successors or assigns. Axly neglect. failure, omission, or ref'usal by the grantee; his, its or their successors or assigns, to comply with any of the terms or conditions of said franchi.. shall work: a for- feiture of said franchise at the eltction of' the City-_ Whenever it is provided in said franehisethat said.fra.t1... chise shall be forfeited, declared forf'eit:ed, work "for- feitU1'e, or similar phraseology is used, the s~shall be deemed to mean that the see shall be forfeited attheop- tion of the City acting through the City Council or other governing body of said Oi ty having jurisiictionthereof. SEOTION 8. The City of Vernon shall, at all times 6. ~ " 1 during the term hereof, have the right to use the poles and conduits of grantee, his, its or their successors or 2 assigns, for the purpose of constructing, maintaining renewing, replacing, and operating such wires andeablaf! 3 as it may, at its discretion, deem nece.ssary in connection wi th its fire and pOlice alarm systems, the operation of 4 its water system, and forteIephone and telegraph pur- poses relating to official m.unicipal bus.fness. 5 SECTION 9. The City Clerk: shall certify to the 6 passage of said ordinance by a vote of a majority of all of the members of the City Council, and within fifteen 7 C15) days after the passage of said ordinance, there being no newspaper published and circulated within the 8 City of Vernon, shall cause said ordinance to be posted in at least three public places within the City of Vernon 9 as follows to wit: 10 The Lobby of ,the City Htil, the Northwest corner of Thirty-eighth Street and Santa Fe 11 AVEanue, and the Northwest corner of l'hirty- seventh street and Santa Fe Avenue. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 SECTION 10. , Noti.ce is hereby given that sealed bids in writing will be received for said franch se up to "2... 0 tclock:~ M. on the, j day of .J UNit , 19 \,C:t-;and at thet me a ove men- tIoned, and in the Counc:rr-Room of the City Council of the City of Vernon, any, and~ll ,sealed bids will be opened jthat. 'all bids must be fortlle payment of a stated su.m: in lawful money Qf tne Unit,ed States, and that the said franc~isewi11 be struck: off, sold and awarded to the per aIJ on , firm or, corporationwbo makes the highest cash bid therefor, provided only that at the time of, the opening of said bids any responsible person, firm or corporation presep.t or,represented may bid for said franchise or privilege as~ not less than ten per cent (10%) above the highest bid therefor, and said bid so made may be raised not less than ten per cent (10%) by any other responsible bidder, and said bidding may so continue until finally said franchise shall be struck off, sold and awarded to; the highest bidder therefor in lawful moneyotthe United States by said Council. Each sealed bid shall,be accompanied with cash or a certified check payabletdthe Treasurer of the City of Vernon for the full amoUnt of such bid, and no sealed 'bid shall be considered unless said cash or check is en- closed therewith, and the successful bidder shall deposit at least ten per cent (10%) of the amount of his bid with the Clerk of the City of Vernon before the franchise shall be struck off to him. :It the successful bidder shall fail to make such deposit immediately, then and in that case his bid shall not be received ancl shall be con- siderecl as void ,and the said franchise shall then, and, there be again offered for sale to the bidder whosh..ll make the highest bid therefor, subject to the same condi.... tions as to deposit as above mentioned. Said procedure shall be had until saidtranchise is struck: Off, sold and awarded to a bidder who shall make the necessary deposit of at least ten per cent (10%) of the amount of his bi.<1: therefor, as herein provided. 7. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 . . to .. . 1 2 :5 4 5 The successful bidder shall deposit with the Olerk of the City of Vernon, within twenty-foUl" (24) hours of the acceptance of his bid, the remaining ninety percent (9Q%) of the amount thereof, and in case he or it shall fail so to do, then the said de- posit theretofore made shall be forfeite4:" and the said award of said franchise Shall be Toid, and the said franchise shall then and there by said City Council, in the same manner and under the same restrictions as hereinbefore provided, be again offered for sale to the highe.-t bidder therefor, and be struck: Gff'., sold and awarded; and in case said person, fir. or corporation shall fail to deposit with the Clerk of'the Oity of Vernon the remaining ninety per cent (90%) of his bid or its bid within. twenty-four (24) hours after its accept- ance; the award. to him of said franchise shall beset aside, and the deposits theretofore made by him shall be forfeited, 8.Ild no further proceedings for a sale of said franchise shall be had unless the same shall be re- advertised and again offered for sale in the m.anner hereinbefore provided. SEOTION 11. The grant of said franchise is effective only upon the further condition that the grantee shall, at all times during the life of said franchise, keep on file with the City Council and in full force and effect, a bond running to said City of Vernon. in the penal sam of One Thousand Dollars ($1,000.00) with sureties to be approved by said City Council, conditioned upon said bidder well and truly observing, fulfilling and performing each and every term and condition of said franchise, and that in case' of any breach of condition of said bDnd the whole amount otthe penal sum therein named shall be taken and deemed to be liquidated damages, and shall be reeovel'able from the principal and sureties on said bond. Saidbon4 shall be filed with said City Council within five (5)dS3"s' after the franchise iS1lWarded, and upon the filing and approval of such bond tile said franchise shall, by said City Council, be granted to the person, firm or corporation to whom it has been struck off, sold or awarded, and in ease said bond shall not be so filed, the 8I1ard of :said franchise shall be set aside, and any money paid therefor shall be forfeited, and said franchise shall, in the dis- cretionof the City Council, be readvertisedand again offered for sale in the same manner and under the same conditions as herein provided. Dated this ? j. day of' ~ . 1941- T: \J.P' v R 1. rJN 6- City Clerk, City of Vernon The City Clerk sha.ll certify to the passage of this Resol~tion, and thereupon and thereafter the same shall. be in full foreeand effect.. 6 7 8 9 10 11 12 13 14 15 16 , Adopted and approved this 7 -c.!-, day of · ~ . 19~~, by the following vote: ~ Ayes: a~..,~-~ -~~ Noes: ~ , 8. r/ IV ~ .. .. ff>,o tJ 1 2 3 4 5 Absent: ~ v! l:>.J....Eo IV 15 Mayor of the, Cty 0 6 ATTEST: -r. oj, 1= uRI.. ON S- City Clerk: 7 8 9. 10 11 12 STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES) I T-.J. ,F VR1.. " N 6- , , 01 ty Clerk 13 of theci ty of Vernon, do hereby certify that the foregoing 14 Resolution No. t~ 95 was duly adopted by the City Council 15 of the City of.Vernon,and approved by the Mayor at a regu.lar meeting thereof held on the, 7 t!- of said City, day of ~ , 16 17 19~. 18 19 20 21 22 23 24 25 28 27 28 , " , 29 30 ' . 31 32 7. v. 1= u R L oN r;.. "#', 9.