Resolution No. 2116
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RESOLIITION NO. 2116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
AUTHORIZING AND DIRECTING THE TAKING OF SUCH NECESSARy
OR PROPER ACTION.. ON BEHALF ()FTHE CITY OF VERNON.. TO
TERMINATE THE. LEASEHOLD TERM AND REPOSSESS THE LEASED
PROPERTY 1J'NDER THE LEASE AGREEMENT BETWEEN THE CITY OF
VERNON AND SOUTHERN CALIFORNIA EDISON COMPANY.. .LTD...
DATED FEBRUARY 23. 1937.
THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES. AS FOLLOWS:
WHEREAS. on ox'about November 9. 1957,. SouthernCa.lifornia
Edison GOlllpany.. Ltd. established and continuously since has maintained
within the corporate limits of the City .of Yernon electric rates aml charges
for service higher than thos.especified by Section 5 of the LeaeeAgreement
between the City of Vernon and Southern California Edison Company,. Ltd.
dated Febrmtry 23... 1937, and
WHER.EAS, by reason thereof and as proVided by Section 5 a
condition subsequent ha.sarisen upon the happening of which. at the option
of the GityofVernon to. be exercised by serVice of written notice upon
Southern California Edison Company.. Ltd. within thirty (30) days thereafter.
the leasehold term granted in the Lease .Agreement shallcea.seand the City
of Vernon shall be entitled to repossess the leased property.
NOW.1. THEREFORE.. BE IT RESOLVE}):
Section. 1 :
The best interests of the City of Vernon
and its inhabitants will be served by exercising the.optionand rights pro-
vided by Section 5 of' the Lease Agreement and thereafter resuming the
transmission and distribution of electric light,. heat and power to the City
of Vernon and its inhabitants and. accordingly,. the City of Vernon elects
to exercise its option and rights under Section 5 of the Lease Agreement.
Section 2:
The Mayor or the acting Mayor and the
City Clerk or the acting City Clerk of the City of Vernon be and. they are
authorized and directed on behalf of the City of Vernon to cause to be
served upon Southern California Edison Company . Ltd. a written notice in
accordance with Section 5 of the Lease Agreement notifying Southern
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California Edison Company. Ltd. that the City .of Ve.rnon has exercised its
option under Section 50f the Lease Agreement and notifying Southern
Ca.liforniaEdison Company" Ltd. that the City of Vernon will repossess the
leased property in accordance with Section 5 of the Lease Agreement.
Section 3:
The Mayor or the acting May:orbe and
either is authorized and directed on behalf .of the City of Vernan to exeeute
or cause to be executed such ather notices. documents. complaints or
petitions as maybe deemed necessary or appropriate and to.fileor cause
to be filed and thereafter maintain such legal actions or proceedings and to
take .or cause to be taken such other steps as may be necessary or praper
to foster and protect th.e interests of the City of Vernon in connection with
the Lea.seAgreementand to carry out th.e spirit,. intent and purpo.seof this
resolution.
Section 4:
The City Attorney and Messrs. Darling"
Shattuck & Edmonds,. as special counsel. are authorized and empowered to
represent the City of Vernon and the City Council in connection with all
legal matters relating to or arising aut of the Lease Agreement and this
resolution.
Section 5:
The City Clerk .of the City of Yernon shall
certify the passage of this Resolution and,. thereupanand thereafter,. the
game shall he in full force and effect.
ADOPTED an;dAPPROVED at an adjourned regular meeting this
18th day of Deb~mber# 1957.
ATTEST:
R. P. MOORE.. CITY CLERK
By ~Clerk
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2 I~R. P. MOORE,. City Clerk of the City of Vernon~ do
3 hereby certify that the foregoing Resolution No. 2116 was duly adopted
4 by the City. Council Qf.theCity.of Vernonl and approved by the Ma.yor
5 of said City~ at an adjourned regular meeting of the City Council held on
6 December 181 1957.
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R. P.:MOOREa CITY C~ERK
~
Chief Deputy City. Clerk
By
..'
.,..
.~ . '/.. t, ..
.., j '\
Dec..b.r 18, 1111
Southern Californ1& EdiaOll Company" Ltd.
801 WeJrt 5th Stre.t
L08 Anaelea 53" California
Gentlem.n:
We direct p:1V.r att.ntion to the Le... Afreement
between u. clatecll'.bruary 23" 1931 in which we are referred to
a. "V.rJ1OIl" and you are referred to .. "Kdiaon".
Sec::tioa I of the Lea.e Aaree..nt u.t. four coaditimw
.lIb.ecru.nt upon the bappeniq of any OIl. of which. at the option 01
V.moa to b. exerct...d b,. ..rrice of writt.n DOtice upon Edi.on
wtthin the period of thirt,. cia,.. thereaft.r" the l...hold term .ball
c....e and Venum .hall b. .ntitled to repoll.... the l...d propertr
a. de.cribed aDd id.ntified in the lAu. Acreem.ut.
OIl or abOllt November 8, 1811 Edi.on ..tabU-bed, and
th.reafter maintained for a period of more thaIl fifteen cla18, within
the corporate limit. of Vernon a. the,. existed on l'ebruary 23, 1837,
which corporat. limiu are the .ame today, electric rate. and chari..
for .ervic. hiltter Ulan thOlle speciIied by Section 5 Gf tl;(l Laue }..aree-
ment anclin cOl18equ.nc. a con.ctition .ub..quent, .. d.fined and
provided in S.ction I of the Lea.e Agreement" baa happ.ned.
You are notified that Vernon has elected to and doe.
exerci.e it. ri.ht and option under and pur.uant to lection 5 of the
Lea.e Aareement to t.rminate the lea.ehold term and that under. and
pur.uant to Section 5 Vernon will repo.l.e.. the lea.ed property.
To the .1Id that repos....toa ~ the le_ed property by
Vernon IDaY b. acccnapU.hed with a minimum of incoav.nience to
EcU.on and 1rlth ma..f'BlUJD a..uranc. that there will be no cl18naptiOll8
......
Southern California Edt.on Company, Ltd.
12/18/57
in supplying Vernon and it. inhabitants with electric Ught, heat and
power, a conference of Vernon representatives and Edison representa-
tives for the purp08e of fbdng a date and time for cOn8ummating re-
possession 18 invited at a place and at the earUest time cDnvenient to
Edis on.
This notice i. given to you pursuant to and in accordance
with Section 5 of the Lea.e Agreement and pur.l.Iut fo and in accord-
ance with a re.o1ution of the City Council of the City of Vernon.
Yours very truly,
By
CITY OF VERNON
.j-{((I,~
MayoP
(Vemoat. -u
a. P. 11000. CITY CLERK
B,- ~ ~ ,,,,,--.
Chief. puty City Clerk
Receipt of the oripaal d the
fore,oiDI1etter 18 ackaow1aclpcl
thi. clay of December, 1817.
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ICNtbaI'll CaUtonUa KclUOIl CGDlpaD)", LtcL
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CITY OF VERNON
CALIFORNIA
December 24, 1957
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Haskins & Sells
523 West 6th Street,
Los Angeles, Calif.
Attention: Mr. Bob Whyte
~/ Dear Bob:
In accordance with your telephone request, enclosed
you will find a copy of Resolution No. 2116, together with a
copy of letter written in accordance with Section 2 of said
Resolution.
FAZ:lg.
enc.
Yours very truly,
CITY OF VERNON
R. P. Moore, City Clerk
By
F. A. Ziemer,
Chief Deputy City Clerk