CC RESOLUTION 8.0
RESOLUTION NO. U
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY
OF EL SEGUNDO, CALIFORNIA, DIRECTING A CERTAIN
FRANCHISE FOR TRANSMITTING AND DISTRIBUTING EIZCTRICA:,
ENERGY 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 Trust-
ees of said City, on the 3rd day of October, 1917, it is here-
_ by 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, cross -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-
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ed in the manner and under and upon the terms and conditions
shown in the notice of sale hereinafter contained.
Section 3. The City Clerk of said City is hereby
authorized and directed to advertise in the E1 Segundo
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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:
"NOTICE OF SALE OF FRANCHISE
OFFICE OF
THE CITY CLERK OF THE CITY OF EL SEGUNDO,
STATE OF CALIFORNIA.
E1 Segundo, California,
October / 1917.
TO WHOM IT MAY 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 -arms, conduits, cables,
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-
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-
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ergy to be used for any and all purposes.
The term of said franohiss shall be f orty 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 El 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 so 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
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succeeding the date of said franchise, but thereafter such
percentage shall be payable armually, 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 suooessore 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
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 ac-
cess to all books, accounis and records of said grantee, his
or its successors or assigns, which may be material to said
matter, and any neglect, omission or refusal by said grantee,
his or its successors or assigns, to file said verified state-
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ment or to permit said inspection or to pay the said per -
oentage 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.
(c) 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 unless 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
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be within five (5) feet of the curb line upon the side of
the street along which said lines are constructed. Whenever
it shall be necessary to lay said lines across the surface
k of any macadamized or paved roadway the same shall be done
under special permit to be granted by the Board of Trustees
and 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 each 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-
tect the public.
(d) That all such lines shall be constructed in ac-
cordance 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 her4under, shall make application
for and obtain any permit then required by ordinance or gen-
eral law then in f oroe.
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
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 ax-
cavated or otherwise injured thereby shall be placed in
as good condition as the same were in before the construct-
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ion or repairing of such lines, and to the satisfaction of
the Board of Trustees of said City. That the grantee of
said franchise, his or its successors or assigns, shall in-
damnify said City and the officers thereof against and from
all liability to any person or persons arising from damage
or injury smffered 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
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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 thor�ares with-
in ten (10) days after the service of written notice upon
said grantee, his or its successors or assigns, requiring
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compliance therewith, than 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 as-
sume 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 ease 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.
(1) That the grantirg of said franchise, or any of the
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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 may 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 ( 500,00) 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 said franchise
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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 19r-i day of Aar— p — , 1917, and
at the time above mentioned, and in the City Hall of the
City of El Segundo, being the room in the El 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 bide 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 (loo) 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.
Each 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
therewith, and the successful bidder shall deposit at least
ten per cent (10%) of the amount of his bid with the Clerk
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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 fo Jkited 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-
strictione as hereinbefore 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 (900) 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-
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
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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 sur-
eties, to be approved by said Board of Trustees in the
penal sum of Five HundrAd ($500.00) 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. HC CAR THY
(S E A L ) City Clerk of the City of E1 Segundo,
State of California, and Ex- officio
Clerk of the Board of Trustees of said
City.
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Section 4. Such advertisement shall be published
in said E1 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 bide, 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 / ,day of L �1� ,
1917, by the following votes:
AYES: Trustees
1VCE5: Trusteea
ABSMT:Trustees
ATTEST:
City Clerk.
(SEAL)
r--
Chairman of the Board of Trustees
of the City of E1 Segundo,
State of California.
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