Loading...
CC RESOLUTION 11a1 v, RESOLUTION N0, fd A RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF F?T SEGUNDO, CALIFORNIA, DIRECTING A CERTAIN FRANCHISE FOR TRANSMITTING AND DISTRIBUTING ELECTRICAL MffERGY IN SAID CITY, TO BE ADVERTISED FOR SALE. The Board of Trustees of the City of E1 Segundo, State of California, do hereby resolve as follows: Section 1. Upon the application of Southern California Edison Company, a corporation organized and existing under the laws of the State of California, filed with the Board of Trustees of said City, on the 3rd day of October, 1917, _ it is hereby proposed by said Board of Trustees to grant to the highest bidder therefor a franchise of the right for the period of forty years from the granting of said franchise to erect, lay, construct and maintain poles, croes -arms, conduits, cables, wires and other appliances under, over, in, along and across the public highways, streets, alleys and public places now existing or which may hereafter exist during said period of forty years within the present or future limits of said City of E1 Segundo, and to use and operate such poles, cross -arms, conduits, cables, wires and other appliances for trans- mitting and distributing electrical energy to be used for any and all purposes. Section 2. Said franchise shall be sold and grant- ed in the manner and under and upon the terms and conditions shown in the notice of sale hereinafter contained. Section 3. The Cit7 Clerk of said City is hereby authorized and directed to advertise in the E1 Segundo -1- < <1 Herald,'a weekly newspaper of general circulation printed, published and circulated within said City of E1 Segundo, a notice of sale of said franchise, said notice to be sub- stantially in the following form: /l "NOTICE OF SALE OF FRANCHISE OFFICE OF THE CITY CI,RRK OF THE CITY OF EL SEGUNDO, STATE OF CALIFORNIA. E1 Segundo, California, November , 19170 TO WHOM IT 1UY CONCERN: Notice is hereby given that an application has been made to the Board of Trustees of the City of E1 Segundo, State of California, by Southern California Edison Company for the franchise hereinafter described, and it is proposed by said Board of Trustees to offer for sale and grant to the highest bidder said franchise on the terms and con- ditions hereinafter mentioned: Said franchise is described as follows: A franchise of the right for the period of forty years from the granting of said franchise to erect, lay, construct and maintain poles, cross -acme, conduits, cables, I wires and other appliances, except as herein otherwise pro- vided, over, in, along and across the public highways, streets, alleys and public places now existing or which may exist dur- r ing said period of forty years within the present or future limits of said City of E1 Segundo, and to use and operate such poles, cross -arms, conduits, cables, wires and other appliances for transmitting and distributing electrical en- -2- g t J orgy to be used for any and all purposes. The term of said franchise shall be forty years from and after the date of the granting of the same. The terms and conditions upon which said franchise will be offered for sale and granted are as follows: (a) That such poles, cross -arms, conduits, cables, wires and other appliances be erected, constructed, laid, maintained and operated in accordance with such provisions of the statutes of the State of California and ordinances of the City of E1 Segundo as may be applicable thereto. That the grantee of said franchise, his or its successors or assigns, shall, within four months from the date of granting such franchise, commence in good faith the work of erecting said poles, cross -arms, conduits, cables, wires and other appliances, and shall thereafter prosecute such work diligently and in good faith §o as to meet and fill the reasonable needs of the inhabitants of the City of E1 Segundo. That if the work hereinafter described is not commenced as herein provided said franchise shall be de- clared forfeited. (b) That the grantee of said franchise, his or its successors or assigns, shall during the life of said franchise pay to the City of E1 Segundo in lawful money of the United States of America two per cent (2 %) of the gross annual receipts of such grantee, his or its suc- cessors or assigns, arising from the use, operation or - possession of said franchise; provided, however, that no percentage shall be paid for the first five (b) years -3- tit succeeding the date of said franchise, but thereafter such percentage shall be payable annually, and said franchise shall be forfeited by failure to make the payments provided for; and herein it shall be the duty of the grantee of said franchise, his or its successors or assigns, to file with the Clerk of the Board of Trustees of the City of E1 Segundo, within thirty (30) days after the expiration of six (6) years from the date of the granting of said franchise, and within thirty (30) days after the expiration of each and every succeeding year, a statement, verified by the oath of said grantee, his or its successors or assigns, or by the oath of the manager or an officer of said grantee, his or its successors or assigns, showing the total gross receipts and gross earnings collected or received or in any manner gained or derived by said grantee, his or its successors or assigns, during the preceding twelve (12) months, arising from the use, operation or possession of said franchise, and within ten (10) days after the date of filing the aforesaid statement it shall be the duty of said grantee, his or its successors or assigns, to pay to the treasurer of the City of E1 Segundo the aggregate sum of I said percentage upon the amount of the gross annual receipts arising from the use, operation or possession of said fran- chise, determined and computed in the manner hereinafter pro- vided. To enable said Board of Trustees to ascertain the true amount payable, said Board, or any duly authorized agent of said Board, shall at any reasonable time or times have ao- r— case to all books, accounts and records of said grantee, his or its successors or assigns, which may be material tosaid matter, and any neglect, omission or refusal by said grantee, e his or its successors or assigns, to file said verified state- -4- ment or to permit said inspection or to pay the said per- centage of the said gross annual receipts at the times and in the manner hereinabove provided, shall ipso facto work a forfeiture of said franchise and of all of the rights there- under to the City of E1 Segundo. (e) All persons residing along the lines of the service lines of said grantee, his or its successors or as- signs, and within a reasonable extension thereof, shall be entitled to receive therefrom an adequate supply of electricity for domestic or manufacturing use, or for both, and the grantee of said franchise, his or its successors or assigns, shall upon written request from any person residing along the line of said service lines or within a reasonable extension thereof, and up- on payment by the applicant of all money due from him, at his, its or their own cost, as provided by law, furnish to such per- son, an adequate supply of such electricity (electrical ener- gy) for domestic or manufacturing use, or for both. That uhless the Board of Trustees shall otherwise direct all overhead construction shall be confined to the alleys of said City except where it may be necessary for the same to cross any public street or highway, and all underground con- struction where the same may be reasonably required shall be laid in parkways and alleys of said City, and shall, when so necessary, be laid not less than two (2) feet underground, and not less than two (2) feet below the established grade of streets under which said lines are laid, and unless the Board of Trustees shall otherwise direct when it is neces- sary to lay the same in a street or highway said line shall be laid along the sides of the street or highway and shall -5- be within five (6) feet of the curb line upon the side of the street along which said lines are constructed. 7henever it shall be necessary to lay said lines across the surface of any macadamized or paved roadway the same shall be done under special permit to be granted by the Board of Trustees gnd subject to their directions upon application therefor, said application to be accompanied by a drawing, specifica- tions and explanations showing the necessity therefor. That during the laying or repairing of any such line, " any trench or excavation made for such purpose shall, at night time, from sunset to sunrise, be barricaded and pro- tected by lights placed at distances of not more than one hundred (100) feet apart along such trench or excavation and also at all street or alley intersections, sufficient to pro- test the public. (d) That all such lines shall be constructed in ac- cordanee and conformity with all of the ordinances, rules and regulations now in force or that may hereafter be adopted and prescribed by the Board of Trustees of said City, and the grantee, his or its successors or assigns, before commencing any work of construction hereunder, shall make application for and obtain any permit then required by ordinance or gen- eral law then in force. That the work of constructing and repairing such lines or appliances shall be conducted with the least pos- sible hindrance to the use of said streets for the purpose r of travel, and as soon as the construction or repairing of any lines or appliances is completed all portions of the streets, alleys or public places which have been ex- cavated or otherwise injured thereby shall be placed in s as good condition as the same wAre in before the construct- -6- r- ion or repairing of such lines, and to the satisfaction of the Street Superintendent of said City. That the grantee of said franchise, his or its successors or assigns, shall in- demnify said City and the officers thereof against and from all liability to any person or persons arising from damage or injury suffered by any such person or persons by reason of any excavation and other work being improperly guarded. (e) That the City of E1 Segundo reserves the right to change the grade of any street or portion thereof over which said franchise shall be granted, and the grantee of said franchise, his or its successors or assigns, shall at once, at his or its own cost and expense, change the loca- tion of all lines and other appliances laid under said franchise so as to conform to said change of grade as here - inabove provided, without any recourse for damages whatso- ever against the City of E1 Segundo on account thereof. That if any portion of any of said streets shall be damaged by reas- on of any cause arising from the operation or existence of said lines, the grantee of said franchise, his or its successors or assigns, shall, at his or its own costs and expense, with all reasonable diligence, repair any such damage, and put said street in as good condition as before such cause of damage occurred, to the satisfaction of the Street Superintendent of said City. (f) That if the grantee of said franchise, his or its successors or assigns, shall fail to comply with any of the written instructions of said Board of Trustees, or the Street Superintendent of said City, with respect to the location of any of said lines or appliances, or any portion thereof, or the repair of any damage to said streets or thoroughfares with- in ten (10) days after the service of written notice upon said grantee, his or its successors or assigns, requiring -7- compliance therewith, then said Board of Trustees, or Street Superintendent, may immediately do whatever work is neces- sary to carry out said instructions, at the cost and expense of said grantee, his or its successors or assigns, which costs, by the acceptance of said franchise, said grantee, his or its successors or assigns, agrees to pay, upon de- mand. (g) That the Railroad Commission of the State of California, or other legally constituted regulatory author- ity having jurisdiction over rates to be charged by the grantee of said franchise shall have the right to regulate and fix the reasonable charges of said grantee, his or its successors or assigns, for electrical energy furnished and distributed through the service lines of said grantee. (h) That said grantee, his or its successors or assigns, shall not sell, transfer, assign or lease said franchise or any part thereof, or any of the rights or privileges granted thereby, except by a duly executed in- strument in writing, executed by both assignor and assignee, filed in the office of the City Clerk of said City, and in said instrument said assignee shall expressly accept and assume with said assignor and in favor of said City, all of the obligations contained in said franchise to be kept and per- formed by the grantee, and nothing in said franchise contain- ed shall be construed to grant to said grantee, or his or its successors or assigns, any right to sell, transfer, assign or lease said franchise, or any of the rights or privileges thereby granted, except in the manner aforesaid, nor in any manner in case of such assignment to relieve the assignor of any obligation accrued or to accrue, and upon his or its part to be performed under said franchise. (i) That the granting of said franchise, or any of the 0 I <S d terms and conditions therein contained shall not be con- strued to prevent the said City of E1 Segundo from grant- ing any franchise to any person, firm or corporation other than said grantee, for the same or similar purposes. (j) That any neglect, failure or refusal to com- ply with any of the conditions of said franchise shall operate as a forfeiture thereof, and the said City, by its Board of Trustees may, thereupon, after notice of at least ten (10) days unto said grantee, and a hearing had at the time designated in such notice, declare said franchise for- feited and matt exclude said grantee, his or its successors or assigns, from further use of the said streets and thor- oughfares under said franchise, and said grantee, or his or its successors or assigns, shall thereupon immediately sur- render all rights in and to the same, and said franchise shall be deemed and shall remain null, void and of no ef- fect. The grantee of said franchise shall, within five (5) days after such franchise is awarded,.file with the Board of Trustees of the City of E1 Segundo a bond running to said City, with at least two (2) good and sufficient sureties to be approved by said Board of Trustees, in the penal sum of Five Hundred (4500.00) Dollars, conditioned that said grantee, his or its successors or assigns, shall well and truly ob- serve, fulfill and perform each and every term and condition of said franchise, and that in case of any breach of con- dition of said bond the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond; provided, however, that if said bond shall not be so filed the award of said franchise shall be set aside and the money paid therefor shall be forfeited, and eaidfranchiee -9- I `, S'� shall in the discretion of said Board of Trustees be read- vertised and again offered for sale in the same manner and under the same restrictions as provided by statute. NOTICE IS HEREBY GIVEN that sealed bids in writing will be received for said franchise up to eight o'clock P. M. of the 2nd day of January , 1918, and at the time above mentioned, and in the City Hall of the City of 1_1 Segundo, being the room in the E1 Segundo Hotel at the Northwest corner of Ballona Avenue and Richmond Street in said City, in which the Board of Trustees of said City hold their meetings, any and all sealed bids will be opened and that all bids must be for the payment of a stated sum in Gold Coin of the United States; and that the said franchise will be struck off, sold and awarded to the person, firm or corporation who makes the highest cash bid therefor; provided, that at the time of the opening of said bids any responsible person, firm or corporation present, or represent- ed, may bid for said franchise or privilege a sum not less than ten per cent (10%) above the highest sealed bid, 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 struck off, sold and awarded by said Board of Trustees to the highest bidder therefor, in Gold Coin of the United States. Lach sealed bid shall be accompanied with cash or a certified check, payable to the Treasurer of the City of E1 Segundo for the full amount of such bid, and no sealed bid shall be considered unless said cash or check is enclosed J therewith, and the successful bidder shall deposit at least ten per cent (10 %)of the amount of his bid with the Clerk -10- of the City of El Segundo before the franchise shall be struck off to him. If the successful bidder shall fail to make such deposit immediately, then and in that case his bid shall not be received, and shall be considered as void, and the said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to de- posit as above mentioned. Said procedure shall be had un- til said franchise 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 bid therefor, as herein provided. The successful bidder shall deposit with the Clerk of the City of E1 Segundo, within twenty -four hours after the acceptance of his bid, the remaining ninety per cent (90%) of the amount thereof, and in case he or it shall fail to do so, then the said deposit theretofore made shall be forfeited and the said award of said franchise shall be void, and the said franchise shall then and there by said Board of Trustees be again offered for sale to the highest bidder therefor in the same manner, and under the said re- strictions as hereinbefors provided, and, in case said bid- der shall fail to deposit with the Clerk of the City of E1 Segundo the remaining ninety per cent (90%) of his bid with- in twenty-four hours after its acceptance, the award to him of said franchise shall be set aside and the deposit there- I tofore made by him shall be forfeited and no further pro- ceedings for the sale of said franchise shall be had unless the same shall be readvertised and again offered for sale in the manner provided by statute. NOTICE IS HEREBY GIVEN that the successful bidder -11- for such franchise or privilege struck off, sold or award- ed to him or it shall file a bond running to the City of E1 Segundo with at least two (2) good and sufficient our- sties, to be approved by said Board of Trustees in the penal sum of Five Hundred (4500.00) Dollars, conditioned that such bidder shall well and truly observe, fulfill and perform each and every term and condition of such franchise, and that in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with said Board of Trustees within five (5) days after the franchise is award- ed, and upon the filing and approval of such bond, the said franchise shall by said Board of Trustees be granted to the persons, firm or corporation to whom it has been struck off, sold or awarded; and in case said bond shall not be so filed, the award of said franchise shall be set aside and any money paid therefor shall be forfeited. VICTOR D. MC CARTHY ( S E A L ) City Clerk of the City of El Segundo, State of California, and Ex- officio Clerk of the Board of Trustees of said City." / ` -12- Section 4. Such advertisement shall be published in said El Segundo Herald for four (4) successive weeks, and full publication thereof shall be completed not less than twenty nor more than thirty days before the day set for opening sealed bids, or before any further action be taken thereon. Passed'and adopted at a regular meeting of the Board of Trustees of the City of E1 Segundo, State of California, held on the ZOday of��,�;,_�22. 1917, by the following vote: AYES; Trustees NOES. Trustees ABSENT:Trustees �&L Gt.'yLP Chairman of the Board Cd Trustees of the City of E1 Segundo, State of California. ATTEST: City Clerk. ( SEAL ) -13- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) Sa. CITY OF EL SEGUNDO ) I, Victor D. McCarthy, City Clerk of the City of E1 Segundo, California, do hereby certify that the foregoing resolution, being Resolution No. i% , was passed by the Board of Trustees of the City of El Segundo, signed by the President of said Board, and attested by the City Clerk, all at a regular meeting of the / said Board held on the � day oP' , 1917, and that the same was passed by the following vote. AYES: Trusteest,���e�pz� NOES: Trustees ABSENT: Trustees /f -14- City Clerk of the City V of El Segundo.