Resolution No. 84231
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RESOLUTION NO. 8423
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DECLARING ITS INTENTION TO GRANT A FRANCHISE
TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO
CONSTRUCT AND USE POLES, WIRES, CONDUITS AND
APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS
NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS,
UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS,
ALLEYS AND PLACES WITHIN THE CITY OF VERNON FOR THE
PURPOSE OF TRANSMITTING AND DISTRIBUTING ELECTRICITY
THROUGH THE CITY OF VERNON, BUT NOT TO SERVE RETAIL,
WHOLESALE, RESALE OR OTHER ELECTRIC CUSTOMERS
LOCATED IN THE CITY OF VERNON
WHEREAS, the City Council of the City of Vernon is authorized
by Section 8.9 of the Vernon City Charter, to grant a franchise in the
City of Vernon to any person, firm, corporation, or other entity and to
set terms, conditions, restrictions and limitations by ordinance; and
WHEREAS, Southern California Edison Company ("SCE") is a.
California corporation and a public utility transmitting and
distributing electricity by means of poles, wires, conduits and
appurtenances, including communication circuits, subject to the Public
Utilities Code of the State of California; and
WHEREAS, SCE wishes to use and construct and use, poles,
wires, conduits, and appurtenances, including communication circuits,
necessary or proper therefor, in, along, across, upon, over and under the
streets within the City of Vernon, for the purpose of transmitting or
distributing electricity through the City of Vernon, but not to serve
retail, wholesale, resale or other electric customers located within the
City of Vernon; and
WHEREAS, SCE's transmission and distribution facilities are
described and depicted in the diagram attached hereto as Exhibit "A"
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and made a part hereof; and
WHEREAS, California Public Utilities Code Section 6232
(requires that the City Council adopt a resolution declaring its
intention to grant the franchise, stating the character of the
franchise, setting forth a notice of the day, hour and place when and
where all persons having any objection to the granting thereof may
appear before.the City Council and be heard thereon (which day shall
be not less than twenty nor more than sixty days after passage of the
resolution), and directing the City Clerk to publish the notice at
(least once within fifteen (15) days after the passage of the
resolution in a newspaper of general circulation; and
WHEREAS, during the life of the franchise, SCE will pay to
the City of Vernon two percent (20) of the gross annual receipts of
SCE arising from the use, operation or possession of the franchise;
provided, however, that such payment shall in no event be less than
one percent (10) of the gross annual receipts derived by SCE from the
sale of electricity within the limits of the City of Vernon, being the
fee established by California Public Utilities Code Section 6231; and
WHEREAS, California Public Utilities Code Section 6233
requires the notice of the public hearing to state that (i) SCE will
pay the City of Vernon the percentage specified in its application;
(ii) that the percentage will be paid annually from the date of the
granting of the franchise; (iii) that in the event payment of such fee
is not made, the franchise will be forfeited; and (iv) that the term
of the franchise will be designated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
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1 finds and determines that the recitals contained hereinabove are true
2 and correct.
3 SECTION 2: The City Council of the City of Vernon hereby
4 declares its intention to adopt an "Ordinance Of The City Council Of
5 The City Of Vernon Granting To Southern California Edison Company, Its
6 Successors And Assigns, A Franchise To Use And To Construct And Use
7 Poles, Wires, Conduits and Appurtenances, Including Communication
8 Circuits Necessary or Proper Therefor, In, Along, Across, Upon, Over and
9 Under the Public Streets, Ways, Alleys and Places Within the City Of
10 Vernon For the Purpose of Transmitting or Distributing Electricity
11 Through the City of Vernon, But Not to Serve Retail, Wholesale, Resale
12 or Other Electric Customers Located in the City of Vernon," which
13 Ordinance shall have an indeterminate term.
14 SECTION 3: The City Council of the City of Vernon hereby
15 sets a hearing on the adoption of the Ordinance on May 5, 2004, at
16 5:00 p.m. in the City Council Chambers at 4305 Santa Fe Avenue,
17 Vernon, California 90058, or at such time thereafter as the matter may
18 be heard.
19 SECTION 4: The City Clerk is directed to publish a notice
20 containing the information required within fifteen (15) days after the
21 passage of this Resolution in the Metropolitan News', a newspaper of
22 general circulation closest to the City.
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SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 7th day of April, 2004.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MAL URG, M yor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8423, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, April 7,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT "A"
[DIAGRAM]
INTENTIONALLY LEFT BLANK
(to be supplied later)
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