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Resolution No. 2116 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 z c D:: 0: ~ '" 27 <( - 0 m>z .J '" 0( ':' mill 0 ~: 28 ":J~ ~ OI:OId :.: ~ D:: " ~ .~> 0 ii:m~~ ~ ~ 29 ~ z>> z z Ol-!: o ~ l/lUU t; ~ 30 0: z .. <( - .. U ~ z 31 :I I: 32 - 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 -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 0( 26 z c ...D:: "0 27 0: "'II. <( OJ - ...J ~~ Z 50( zoo> u 28 ~:JD:: ~ ' . ..I:Oldg~ u.~>oJo( ii:m~~tilL 29 ~z)o~;.:: z o~ - u 0 l/lUU"~ 30 0: .. CI <( ~ ~ u '" ~ "z 31 :l I: 32 ~ . .- . 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 -2- . ..' . 1 . ~ -.. 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ 26 z C .. D:: 0: = ~ '" 27 <( OJ - 0 m> z 5 ~ ~ m~o..u "' 28' ~:JD::~ ' .z I:OIdC:':~ ~.~>~D::8 ;;:m~..ID~ oJ 29 '" c( 0 U 1.1. ad - oZ>>-;'::z~ O~!:uo% l/lUU"~~ 30 0: .. CI .. <( ~~~ u : ~ 31 I: 32 -3- 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. -2- ICNtbaI'll CaUtonUa KclUOIl CGDlpaD)", LtcL 81 CITY OF VERNON CALIFORNIA December 24, 1957 /-"'\ 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