Resolution No. 4523
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RESOLUTION NO. 4523
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING THE PROPOSED
OPERATING AGREEMENT WITH ENERGY SERVICES,
INCORPORATED, A WHOLLY OWNED SUBSIDIARY OF
SOUTHERN CALIFORNIA EDISON COMPANY AND
AUTHORIZING THE EXECUTION THEREOF
6 WHEREAS, the previous Operating Agreement with Southern
7 California Edison Company, dated April 3, 1963, provided for a
8 Fifteen year (15) term, terminating on April 3, 1977; and
9 WHEREAS, the City of Vernon and the Southern California
10 Edison Company have continued said agreement on a month to month
11 basis pending the finalization of negotiations on a new Ten (10)
12 year Operating Agreement; and
13 WHEREAS, a new Ten (lO) year Operating Agreement by
14 and between the City of Vernon and Energy Services, Incorporated,
15 a wholly owned subsidiary of Edison, has been negotiated by the
16 City of Vernon's consultant; and
17 WHEREAS, Donald Keith Hall of the Law Firm of Darling,
18 Hall, Rae & Gute, has. been the City of Vernon's special counsel
19 in matters relating to the Vernon Electrical System for the past
20 17 years; and
21 WHEREAS, Mr. Paul H. Hendricks has been the consulting
22 Electrical Engineer for the City of Vernon for all matter effect-
23 ing the Vernon Electrical System; and
24 WHEREAS, Haskins and Sells have been conducting audits
25 of the Vernon Electrical System for the City of Vernon for many
26 years and assisted in the negotiations leading to the new
27 Operating Agreement; and
28 WHEREAS, Mr. Hall and Mr. Hendricks have presented the
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1 new Operating Agreement to the City Council for execution and
2 they have indicated that it is the best possible agreement which
3 could be negotiated at this time and recommend its approval and
4 execu tion.
5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
6 THE CITY OF VERNON as follows:
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That the City Council of the City of
SECTION 1:
8 Vernon does hereby approve and authorize the e;xecution of the
9 Operating Agreement by and between the City of Vernon and
10 Energy Services, Incorporated, a wholly owned subsidiary of
11 Southern California Edison Company.
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SECTION 2:
That the Mayor is authorized to execute
13 said Agreement for and on behalf of the City Council.
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SECTION 3:
That the City Clerk of the City of Vernon
15 shall certify to the passage of this Resolution and thereupon
16 and thereafter the same shall be in full force and effect.
17 PASSED, APPROVED AND ADOPTED this 13th day of December,
18 1977 .
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ATTEST:
tfr~/~~~
BRUC V. MALKENHORST
City Clerkl Director of Finance
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1 STATE OF CALIFORNIA
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2 COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
5 do hereby certify that the foregoing Resolution, being Resolution
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No. 4523
, was duly adopted by the City Council of the
7 City of Vernon, and was approved by the Mayor of said City at a
8 regular meeting of the City Council held on December 13, 1977
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6~/~~
Bruce V. Malkenhorst, City Clerk
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MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF VERNON
HELD NOVEMBER 1, 1962 AT 9 O'CLOCK
A.M. IN THE COUNCIL CHAMBER OF THE
CITY HALL LOCATED AT 4305 SANTA FE
AVENUE. VERNON. CALIFORNIA.
COUNCIL PRESENT: Anderson, Furlong, Mailliard, Malburg, Poxon
COUNCIL ABSENT: None
The meeting was called to order by Mayor Furlong pursuant
to written consent and waiver of notice by all council members on
file in the Office of the City Clerk, for the purpose of discussing
and considering an operating agreement with the Southern California
Edison Company for tne operation of an electric transmission
distributing system within the City of Vernon, and if it appears
to be in the best interest of the City of Vernon to enter into said
agreement, and also to consider and act upon any matters related
thereto.
Communication from Southern California Edison Company,
dated October 29, 1962, with reference to the settlement of the
accounts of Edison and Vernon, outlining their conclusions as to
the amounts owing by the respective parties as of April 2, 1962;
and advising that if the City of Vernon is in accord with Edison's
determination as to the amounts owing by the respective parties as
of April 2. 1962, Edison Company proposes to deliver to the City
of Vernon six vouchers, totalling $210,490.81, in full payment of
the items outlined in said letter as owing by Edison to Vernon
upon receipt from Vernon of a voucher or vouchers totaling
$991.398.63 in full payment of the items outlined in said letter
as owing by the City of Vernon to Edison, was read. (Copy to
each member of the City Council)
Communication from Haskins & Sells, Certified Public
Accountants, dated October 31, 1962, transmitting six copies of
their letter report. dated October 31. 1962, containing summary of
amounts due between the City of Vernon and Southern California
Edison Company as of April 2, 1962, was presented. (Copy to each
member of the City Council)
It was moved by Anderson, seconded by poxon, that the
amounts payable by the respective parties as outlined in communi-
cation from Southern California Edison Company, dated October 29,
1962, be approved by the City of Vernon; and that authority be
granted to issue warrant or warrants in the amount of $991,398.63
in full payment of the items outlined in said letter as owing by
the City of Vernon to Edison as of April 2, 1962, and to accept
payment in the amount of $210.490.81 in full payment of the items
outlined in Edison's communication as owing by Edison to the City
of Vernon as of April 2, 1962. Motion carried.
Discussion was held with reference to Byron Jackson
sub-station facilities.
It was moved by Paxon, seconded by Mailliard, that
authorization be granted to accept conveyance of Byron Jackson Pump
Test 66,000 volt transmission line and sub-station and appurtenant
facilities. Motion carried.
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11/1/62
Document entitled "Operating Agreement" between the City
of Vernon and Southern California Edison Company for the operation
of the Vernon Electric System by Edison for and on behalf of Vernon
for a period of fifteen (15) years, commencing April 3, 1962, and
ending April 2, 1977, unless sooner terminated as provided for in
the body of said agreement, was presented for consideration. (Copy
to each member of the City Council)
It was moved by Malburg, seconded by Anderson, that the
Mayor and the City Clerk be authorized and directed to execute, on
behalf of the City of Vernon, document entitled "Operating Agreement"
between the City of Vernon and Southern California Edison Company
for the operation of the Vernon Electric System by Edison for and
on behalf of Vernon for a period of fifteen (15) years, commencing
April 3, 1962, and ending April 2, 1977, unless sooner terminated
as provided for in the body of said agreement. Motion carried.
Ayes: Anderson, Furlong, Mailliard, Malburg, Poxon
Noes: None
Absent: None
Discussion was held with reference to the need for a
representative of the City of Vernon to act for the City in
connection with the operation of the Vernon Electrical System by
Southern California Edison Company.
It was moved by Malburg, seconded by Mailliard, that
Consulting Electrical Engineer Heinze have authority to execute
on behalf of the City of Vernon such approvals and directions as
may be required from time to time in connection with the operation
of the Vernon Electrical System by Southern California Edison
Company pursuant to the operating agreement between Vernon and
Edison. Motion carried.
The City Attorney reported that he has prepared a complaint
entitled "Eminent Domain - Condemnation of Certain Electrical
Facilities in Certain Portions of the City of Vernon'. for filing
in the Superior Court of the State of California for the County of
Los Angeles.
It was moved by Anderson, seconded by Paxon, that the City
Attorney be authorized to sign said complaint on behalf of the City
of Vernon when the contents of said complaint have been approved
by Special Counsel, the Consulting Electrical Engineer and the
Administrative Officer. Motion carried.
There being no further business to come before the meeting,
it was moved by Malburg, seconded by Anderson, that the meeting
adjourn. Motion carried.
Attest:
~/2J -1~
Mayor ,.;. City of n
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F. A. Ziemer, City Clerk
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Due to the General Election, no meeting of the City
Council was held on Tuesday, November 6, 1962.
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PAUL P. HENDRICKS
PHONE: 776-1626
AREA CODE 213
CONSULTING ELECTRICAl, ENGINEER
SUITE 16
1626 CENTINELA AVENUE
INGLEWOOD
CALIFORNIA
90302
February 14. 1918
Mr. Jim Johtl.ton
l4.klns .Dd Sell.
10J$ ..rth ~tn $t#8et
lanta Ana, (hl1.l~...t. ,a70?
>>ear J1.1lU
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A8"eme...t. .. ...outed b, both ,.rtt... to bee effective .. <if *,
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111e... n.t. in ,."toul.r the aeculiutdd:llI 'l'ovt.ion..
Your. vel')' trul,.
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PAUL P. HENDRICKS
SPRING 6-1626
AREA CODE 213
CONSULTING ELECTRICAL ENGINEER
SUITE 16
1626 CENTINELA AVENUE
INGLEWOOD
CALIFORNIA
90302
July 16, 1975
City of Vernon
4305 Santa Fe Avenue
Ve~non, California 90058
Attention: Mr. Frank A. Ziemer
City Clerk and Director of Finance
Gentlemen:
I have reviewed copies of the Conveyance and. Partial Release executed
by the Southern California Edison Company in accordance with Section 3 (8)
of the Operating Agreement and find the description used properly conveys
title to the City of Vernon for additions and improvements made to the'
Vernon Electric System during the period of time, beginning April 3. 1974
and ending April 2. 1975.
I am retaining one copy of these forms in the tight and Power Depart~
ment file. The attached copies are for your fUes.
Yours very truly,
s ) rf77/&
Paul P. Hendricks
Consulting Electrical Engineer
:PPH: leb
~cl~u~. I
ce: Mr. Charles McGOVern/
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, '0 0 N V E Y A N 0 E
THIS INDENTURE, made as of the 2nd
SOUTHERN CALIFORNIA EDISON COMPANY, a California corpora-
tion, hereinafter referred to as "Edisonll, and CITY OF VERNON, a
municipal corporation within the State of California, hereinafter
referred to as nVernon",
WITNESSETH:
WHEREAS, the parties hereto entered into a certain
Operating Agreement as of April 3, 1962, wherein it was agreed
that Edison shall operate the Vernon Electric System, as the term
"Vernon Electric System" is defined in said Agreement, for and on
behalf of Vernon, for the term provided therein and subject to
and in accordance with the terms and provisions of said Agreement;
and
WHEREAS, Edison is now and at all times since April 3,
1962, has been operating the Vernon Electric System in accordance
with the terms and provisions of said Operating Agreement and has
during said period as provided in said Agreement made certain
alterations, extensions, additions and improvements to said
Vernon Electric System, all in accordance with the terms and
provisions of said Operating Agreement; and
WHEREAS, Vernon in accordance with the terms and provi-
sions of said Operating Agreement has paid Edison in full for
alterations, extensions, additions and improvements made by
Edison in and to the Vernon Electric System during the period
beginning.April 3, 1974 and ending on April 2,1975;
NOW, THEREFORE, Edison for a valuable consideration
does by these presents assign, transfer, grant and convey unto
Vernon, its successors and assigns, all alterations,extensions,
additions and improvement
the Vernon Electric. System as the term
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entered into as of April 3, 1962, by Edison and Vernon.
"Vernon Electric Systemll is defined in said Operating Agreement
TO HAVE AND TO HOLD the same to the said Vernon, its
successors and assigns, forever.
IN W.ITNESS WHEREOF, said Edison has caused these
presents to be executed by its officers thereunto duly authorized
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as of the day and year first above written.
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SOUTHERN CALIFORNIA EDISON COMPANY
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By~4~
~ Vice President
Attest:
"44~~~
( Assistant Secretary
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1 STATE OF CALIFORNIA )
) SSe
2 COUNTY OF LOS ANGELES )
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On.... . . ~i?,~2b,1975: before me, a Notary Public in
said c,"ntyandState, personally appeared SMITH B. DAVIS,
and for
5 known to me to be a Vice President, and ELAINE BOTENSTEN, knovm
6 to me to be an Assistant Secretary, of SOUTHERN CALI'FORNIA EDISON
? COMPANY, the corporation that executed th.e within instrument , and
8 known to me to be the persons who executed the within instrument
9 on behalf of said corporation, and acknowledged to me that such
J.O corporation executed the same pursuant to its by-laws or a
11 resolution of its board of directorS.
12 'WITNESS my hand and official seal.
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~'H~~'H}~~4>?'H>PO G ~<', ~ ~-t><){'1 ~ ~.~ H ~t
<t> O:-FiCiP.LSE/\L.
: DONi\ M!\RY W1LCOMB:
: NOT,~',P:\'" PUBUC -.CALl,FORN_IA, :
~ PRiNCiPAL OFFiCE. iN .
. . LOS A~JGELES' COUNTY :
: MY COMMiSSION EXPIRES JUNE 18, 1977 Q-
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..~. ~.4- .<$>.-e-~ ~ <l> <H, ~<>'" ",* ~-G-~<>~ ~~<>..
'~~'.""J//Y~
Notary pUb~in and for said
County and State
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P ARTIALRELEASE
3 THIS INDENTURE, made as of the 2nd day of April, 1975,
4 WITNESSETH:
5 THAT HARRIS TRUST AND SAVINGS BANK, a corporation
6 organized and existing under the laws of the State of Illinois,
7 and WELLS FARGO BANK, NATIONAL ASSOCIATION, successor to Security
8 Pacific NatiorialBank (formerly Security First National Bank and
9 formerly Security-First National Bank: of Los A!1geles, successor
10 to Pacific-Southwest Tru~t & Savings Bank), a national banking
11 association organized and existing under the laws of the United
12 States of America, as Trustees under and by virtue of that'cer-
13 tain Trust Indenture dated as of October 1, 1923, exeyuted by
14 Southern California Edison Company, a corporation organized and
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existing under the laws of the State of California, to said
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Trustees; and more fully described as-follows, to wit:
Trust Indenture dated as of October 1, 1923, from
Southern California Edison t;;ompany to Harris Trust and
Savings Bank and Pacific-Southwest Trust & Savings Bank,
recorded in the CounDY of Los Angeles; State of
California, in Book 2963, page 1, an-d in Book 13715,
page 1, of Official Records, Records of said Couhty;
DO HEREBY RELEASE, DISCHARGE AND QUITCLAIM, without
warranty, unto SOUTHERN CALIFORNIA EDISON COMPANY, free from the
lien of said Trust Indentupe and from the lien o'f thirty-eight
certain Supplemental Indentures dated respectively as of~March 1,
1927, April 25, +935, June 24, 1935, September 1, 1935, i?-ugust 15,
1939, September 1, 1940, January 15, 1948, August 15" 1948,
February 15, 1951, August 15, ;!-95l, August 15, 19}3, August 15,
1954, Apri~15, 195,6, February 15, 1957, July 1,1_957, _August ,15,
1957, August 15,1958, January 15, 1960, August lS,1960, April 1,
1961, May 1, 1962, October 15, 1962, May 15, .1963, February 15,
"-
:1..964, February 1,1995, May 1,1966, August 15,.1966, r;ray 1,1967,
{ .
32 February 1, 1968, January 15, 1969, October 1, 1969, December 1,
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1 1970, SeptemberJ15, 1971, August 15, 1972, February 1, 1974,
2 July 1, 1974,Novemberl~ 1974 and March 1, 1975, which modify,
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amend and supplement the Original Indenture, all right, title and
interest, if any, vest.ed in them as ,such Trus,tees under and by
virtue of said Trust Indenture and said Supplemental Indentures
in and to all alterations, extensions, additions and improvements
c(
made by Edison during the period beginr,ring April 3, 1974 and
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ending on April 2, 1975, in and to the Vernon Electric System as
the term lIVernon Electric Systemll is defined in that certain
Operating Agreement entered into by Southern, California Edison
Company and the City of.Vernon as of April 3, 1962.
IT IS HEREBY EXPRESSLY STIPULATED AND PROVIDED THAT
this Release shall not be effective in any manner nor to any
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extent to release any. property, right or interest frOm the lien
of said Trust Indenture and said c Supplemental Inden_tures ,except-
ing only the propertyl1erein described and the lien of said Trust
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Indenture and the lien of said Supplemental Indentures phall
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remain unaffected and unimpaired by the execution and delivery of
this Release, save only as same affects the p,.roperty herein
described.
IN WITNESS WHEREOF, .the undersigned, HARRIS TRUST AND
SAVINGS BANK and WELLS FARGO BANK, NATIONAL ASSOCIATION, as
Trustees, -have caused this instrument to be executed by their
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respective officers th~reunto duly authorized, as of the day and
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year first hereinabove written.
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HARRIS TRUST AND SAVINGS
By(Y#4....D. )
. t Se cretrqry
WELLS FARGO BANK, NATIONAL
ASSOCIATION,
Trustee,
~......,.
. . . '" ...,. ..." '..''fee President
By' ,
"'~. ~':\-~~
Assistant Secretary
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\:h.:
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1 STATE OF ILLINOIS)
) SSe
2 COUNTY OF COOK )
3 On this)!JTtI' day 01'
, :r v "I f.---' , 197f, before me
4' J. IA MoENNtCH
, ,a Notary Public in and for said County and
State, residing therein, duly commissioned and qualified, per-
sonally appeared~'~':KE.c.KEiSEN:~;'JR., known to me to be the Vice
President, and '~.. El~ KRUEGER' , known to me to be the
Assistant Secretary of HARRIS TRUST AND SAVINGS BANK, the corpora-
tion that executed the within instrument as Trustee, known to me
to be the persons whO executed the within inst'rument on behalf of
the corporation therein named, and acknowledged to me that such
corporation executed the same as such Trustee.
WITNESS my hand and official seal.
,
My Commission Expires September 2,1975
said
)
) SSe
COUNTY OF LOS ANGELES )
.,.~.,..
OnthisM' . day
'~=ft-~J~otary
, f/
State, residing t~e~e~n~7dul~ commi~sioned and qualified, per,
sonally appeared /;;~.~ ' known to me to be the Vice
Presi,dent, and V .h-,'. ;,,;;;.r~-~ , known to me to be the
Assistant Secretary of WELLS FARGO BANK, NATIONAL ASSOCIATION,
the national banking 'association that executed the within in-
strument as Trustee, known. to me to be the persons who execute,d
the within instrument on'behalf of the association therein named,
and acknowledged to me that ~uch association executed the samel as
such Trustee.
STATE OF CALIFORNIA
L
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of ........ ....
.g
Pub~ic in and for
, 197:.5 , before me,
said County and
WITNESS my hand and official seal.
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W~~~2ee8S~~~2S~::::3~~;j~:&.~
.~~ 4~';:;::-(-S-. PI~;r{,f,f,iJ, Ii St1t\i:i,rf\FELT ~
~:~~f~~CDU~;->;~L~~~I~:;g;~~ .~
~~j My CommiSSion Expires July 22, 19 7~. j~i
~~~~.,,::;.~t;\::::S~;&:::.23ili~:2:;~;.,i~~~
//~ . ...... ..../---'1.'
('... .,/~'-I---'...'~i.\.. ,) '.. .. /
'Z... --.J~-
Notary Public in
County and
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