Ordinance - 42ORDINANCE NO. 42
AN ORDINANCE GRANTING TO THE SOUTHERN CALIFORNIA
EDISON COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS,
A FRANCHISE FOR A PERIOD OF FIFTY (50) YEARS, TO CONSTRUCT,
OPERATE, ALTER AND MAINTAIN AN ELECTRIC DISTRIBUTION AND
TRANSMISSION SYSTEM, CONSISTING OF POLESI TOWERS) CROSS-
ARMS9 CONDUITS, CABLES, WIRES ANDOTHER APPLIANCES, UNDER
OVER, IN, ALONG, UPON AND ACROSS ALL THE STREETS, ALLEYS,
PUBLIC HIGHWAYS AND PUBLIC PLACES WITHIN THE, CITY OF
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WEST COVINA, COUNTY OF LOS A.NGELES, STATE OF CALIFORNIA,
11J
FOR THE PURPOSE OF CONDUCTING, TRANSMITTING APTD DIS-.
TRIBUTING ELECTRICITY AND ELECTRICAL ENERGY FOR LIGHT,
HEATING AND POWER PURPOSES, AND FOR ANY AND ALL OTHER
PURPOSES FOR WHICH ELECTRICITY CAN BE USED.
follows: The City Council of the City of West Covina do orde%in as
SECTION 1. That a franchise be, and the same is hereby
granted to the Southern California Edison Company, a Corporation,
its successors ar�d assigns, fora period of fifty (50) years, to
construct, operate, alter and -maintain an electric distribution and
transmission system, consisting of poles, towers, cross -arms, con-
duits, cables, spires, and other appliances, under, over:', in, along,
upon and across all the. streets, alleys, public highways and public
places within the City of West Covina., County of Los Angeles, State
of California, for the purpose of conducting, transmitting and dis-
tr-&outing electricity and electrical energy for light, heating and
po,,,aer purposes, and for any and all other purposes for which oleo-
trioity can be used, together with the right to construct, main-
tain., operate and alter a system of poles, towers, wires, cables,
cross -arms, conductors, guy wires, insulators, and any and all other
necessary or convenient appliances or attachments.
• SECTION 2. That the franchise hereby granted is granted
and shall be exercised and enjoyed at all times subject to the
following conditions:.
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That the said poles, towers, crosa®arms, conduits, cables,
wires, conductors, guy wires, insulators and. other appliances,
shall be constructed and at all times conducted, opeta.ted and main -
and the said franchise shall at all times be exercised and enjoyed
subject to each and every one of the following terms and conditions.
let. That the Southern California Edison Company,
its successors and assigns, shall within four (4) .months
from the date of taking effect of this ordinance, commence
in good faith the pork of erecting said poles, toners,
crone -arms, conduits, cables, wires and other appliances,
and appliances connected therewith, and said Southern
i
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California Edison Company, its successors and assigns,
ns,
shall thereafter prosecute such irvork.diligently and in
good faith, so as to meet and fill the reasonable needs
of the inhabitants of the City of West Covina for the
service of which this franchise ia,gra;nted. If not so
commenced within said time this franchise hereby granted
shall be declared forfeited.
end. That said Southern California Edison Company,
its ' successors -arid assigns, shall, during the life of the
franchise hereby granted,, pay to the City of West Covina
in lawfuV.oney of the United States, two (2�o) per cent
of the gross annual receipts of said Southern California
Edison Company, its successors and assigns, arising from
the use, operation orpossessionof the.-franohise hereby
granted. Said two (201o) 'per cent of the grods annual re-
ceipts shall be paid annually, beginnihg.twelve (12) monthe
f rol.
m the date of the granting of said -franchise, and in
,the event. any such payment ' is not made when due to be paid,
said franchise shall be forg,,eited. Said Southern Calif-
ornia Edison Company, its successora and.a6signs, must
file with the Clerk of the City of West Covina, at the ex-
piration of one (1) year from the date .o'f.the franchise
hereby granted, and at the expiration of each and every
year thereafter, a statement -verified by -oath of the
Manager or an officer -of the Southern California Edison
Company, or by the.oath of the successors and assigns of
said Southern California Edison Company, showing the total
gross receipts collected or received, or in any manner
gained or.deriVed by the said Southern California Edison
Company, its successors and .assigns, during the preceding
twelve (12) months, arising from the use, operation or
possession of the franchise hereby granted; and within
ten (10) days after the date of ' filing the aforesaid
statement said Southern California Edison Company, its
successors or assigns;
must pay to the Treasurer of the
City o - f West Covina, the aggregate sum of said percentage
upon the amount of.the gross annual receipts arising from
the use, operation or possession of said franchise, deter-
mined and computed in the manner hereinabove provided.
3rd.- That the poles, towers, cross -arms, conduits,
cables, wires, conductors, guy wires, insulators and
other appliances constituting the electric distribution
and transmission system, shall be constructed, operated,
altered and maintained in accordance with such provisions
of the statutes of the State of -California, and'ordinances
of'the City of West Covina, California, as may be applicable
thereto, and unless other,;7ise instructed b y the City
Council of the City of West Covina, all poles shall be placed
flush with the outer edge of the streets or highways where
there are no sidewalks and where the property is not platted,
and flush gith the curb lines where there are sidewalks and
the property is platted, and adjacent poles shall not be
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placed nearer together than one hundred (100) feet except
at street crossings and cross-roads or where the public
safety requires. When any of said poles or wires shall
become an obstruction to the use of any of said streets
or highways, or dangerous to the users -thereof, the City
Council of the City of West Covina shall have the right,
and doess-hereby reserve the right to order said poles or
wires.rel.ocated or remodeled at the expense of the grantee
.,of this franchise, its successors and assigns, to avoid
.such obstruction ordanger. :.And all wires extending over
and along any of - said streets, h� ghways or public places
shall be placed at least twenty (20) feet from the ground,
or at such other reasonable height or distance therefrom
as the City Co4cil of the City._ of West Covina may by
• ordinance or resolution provide, and in conformity with
the statutes of the State of California and the rules and
regulations, if any, of the Railroad Commission of the
State of. California, or any other body having jurisdiction
L. to pres.cribe the mode of construction,"of said electric
distributing and transmission system..
4th. That all conduits or excavations for laying and
repairing poles, towers, conduits or other appliances
shall be done in.such a manner as not to interfere with
the free use of the streets by the public, except such
temporary interference as may be necessarily incident to
said --work; - that all excavations ,
proper prosecttion,-,of.
the
shall be made and refilled in strict compliance ,irith the
ordinances .of said City of West Covina which may be in
force at the time of the performance of said T,lork, and the
grantee of this franchise, or its assigns, shall meet such
requirements as the City Council of ' the City of West Covina
itay prescribe for the purpose- of insuring the restoration
of all streets to a good and perfect condition, resulting
from the construction of any 'conduit .or the making of any
excavation necessary in connection with the construction,
operation and maintenance of said electric transmission
and distributing system.
• 5th. That whenever any portion of the territory
covered by this franchise shall be annexed to or otherwise
becowe a part of Lny.other municipal corporation, or of the
County of Los Angeles, or of -any ,other *county, the rights
reserved under this franchise to the City of West Covina
or any officer thereof, shall iriure to the benefit of such
municipal corporation 'or county aid its appropriate of-
ficers, and all rights of the grantee under this franchise
shall be exercised as herein provided, with in the present
corporate limits of the City .of West Covina, or the future
limits of said City of West Covina.
Sth. That the grantee of this franchise, its
successors and assigns, shall not sell, transfer or assign
sa.id franchise or any of the rights or privileges granted
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thereby, except by a duly. executed instrumentin writing,
filed in the office of the Clerk of the.City of West Covina;
and provided further, that nothing in this franchise con-
tained shall be construed to grant to said grantee or its
assigns,..any right to. sell, transfer or assign said fran-
chise or any of the rights or privileges thereby granted.,'
except in the "mariner ,aforesaid.
.7th. That the grantee of this franchise shall,
during the term of this frai ' ichise,'keep on file with the
City Council of the City of 7iest,Covin''
a, a good and suffi-
cient bond to be approved by the City.Cou'ricil of said City
of Nest Covina, in the penal sum of One Thousand ($1,000.00)
40 Dollars, conditioned that.said grantee shall.well and truly
• observe, fulfill and perform each and every term and condi-
tion of this franchise, and that in base of any breach of
condition 'r heeof, such bond to the whole amount of the penal
stur. therein naffed, shall be taken 'and deerped to be liquidated
damages andshallbe recoverable from the Principal and surety
upon said bond,.. That any neglect, failure or refusal to com-
ply with any of the conditions of this franchise shall there -
.upon immediately ipso facto effect a forfeiture thereof, and
the said City of West Covina, by its.C-*ty Council, may there-
upon declare said franchise forfeited and may exclude said
graritee and.its successors and assigns from further use of
the streets of said City of West Covina under said franchise,,
and said grantee and its successors and assigns shall there-
upon and immediately surrender all rights in and to the
same, and said franchise shall be deemed and shall remain
null, toid and of no effect.
8th. The provisions of this franchise and all rights,
obligations and duties thereunder shall inure.to and be
binding upon the grantee and its 'successors and assigns.
SECTION 3. This ordinance shall go into effect thirty
(30) days from the date of its final passage, and prior to the
expiration of fifteen'(15) days from its passage..it- 8hall,:be,-, '
published once in The Covina Argus, a newspaper of general cir-
culation printed and published in the City of Covina, County of
Los Angeles, State of.California.
I hereby certif-4,that the foregoing ordinance was passed
by the City Council of the�,,'�>ity' of West Covina, by the unanimous
vote of all the members of said City Council present, there being
no s tha (3) members present at its meeting of
State of California
Approved this ay of 8.
Mayor of t e City of blest Covina,
State of California.
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NOTICE OF SALE OF FRJANCHISE
NOTICE IS HEREBY GIVEN that an application has been
made to the City Council of the City of West Covina, State of Calif-
u ornia, by the Southern California Edison Company,.a corporation,
for the franchise hereinafter described, and it is:'Proposed by said
City Council to. -offer for sale and grant by ordinance, to the high-
est bidder, said franchise on the terms and conditions hereinafter
mc;nt ioned.
Said. Franchise is.describedas follows:
SECTION 1. That the.right, privilege and franchise is
hereby granted to Southern California Edison Company, a person,
firma, or a corporation organized and existing under and by virtue
bf the lags of the State of California, its successors and assigns,
for a period of .fifty (50) years from and after the date of the
adoption of said ordinance, -to construct, operate, alter and main-
tain an electric distribution and'transmission system, consisting
of poles, to-vvers, cross -arms, conduits, cables, wires and other
appliances, for the purpose of conducting, transmitting and dis-
tributing electricity and electrical. energy for light, heating and
pol"Ier purposes, and for any and all other purposes for which elec-
tricity can be used, on, along and across -the streets, alleys and
public highways and public ' places within the City of 77est Covina,
in the County of Los Angeles, State of. California; together with
the sight to.,construct, maintain, operate and alter a system of
poles, towers, .:viir.es, cables, cross -arms, conductors,- guy wires,
insulators,. and any and all other necessary or convenient appliances
or attachments.
SECTION 2.. Said franchise is hereby granted on the
terms and conditions hereinafter contained, and said grantee shall
file. with the Clerk of the City of West Covina, a written accept-
ance nce hereof within thirty (30) days after the passage of the or-
dinance granting said franchise.
The terms and conditions on -.which said franchise is
granted are as follows:
That the electrical transmission and distribution system
to be constructed and operated under said fra-ii-hise shall be built
in a good and workmanlike. manner and of good material, and that
all wires - extending over and along, any of said streets or high-
ways orpublicplaces shall be placed at least tiventy (210) feet
from the ground, -or at such other reasonable height or distance
therefrom a6 said City Council may, by ordinance or resolution,
provide,,. and in conformity iffith the statutes' of the State of Calif-
ornia and the rules and regulations, if any, of the Railroad Cornim-
ission of the State of California., or any other body having juris-
diction to,prescribe the mode of construction of said system. And
said system shall 'be of good material as aforesaid,' and shall be
erected, located and maintained or replaced in conformity with the
ordinances, resolutions andinst-rdotions from the City Council,
pravided that said ih-struotion-'d- or regulations of the City Cou#oil
are not An conflict with any paramount authority of the State of
California.
And -unless otherwise ordered, all.poles shall be placed
flush with the outer edge of the alireets or hig , 4ways where there are
no sidewalks and where the property isriot platted, and flush with..
the curb lines where there are sidefaalk's or the property -is platted,
and adjacent poles shall not.be placed nearer together than one
h-t,uidred (iOO) feet, exaept at, street crossings and cross -toads, or
where the puplic safety require.s. 'When any pZ said poles or -sires
tion to the use of any of said streets
shall- be�coime an obstruc e a or
highways, or dangerous to the user thereof, ;3ald CIty'Counoll shall
have the riglht to order said poles relooated or.- remodeled at the
expense u.f the grantee of said A. anchise-, its 'successors or assigns,
to avoid such -obstruction or daL�ger.
That the ivork to erect the poles and wires hereunder
shall be conuhen ' ced in good faith wvl' thin *riot ziore then four (4)
months from the granting of said fn1trichi-se,-'and' if not so commenced
within said tirae, said fran.ohise shall be -declared fo-.felted; pro-
vided, however, --haltp for good cause shown, the Counoil or governing
or legislative body of the said City of Weet CoVina may, by resolu-
tion, extend the time for 0offiPletion; thereb.f., riot exoeeding three
(3) Mont'I'la; - provided further,,'that rj,,.y system how oon.structed and
operated within said. City of West Covina by the �,rantee of said
franchise shall be considered. as construoted-under. the provisions
of said franchise- The worlp, hereunder shall be prosecuted dili-
ge, ly avid in good falluh by the grantee of said ft,,%achise, ,_:,o as'to
mo�ct- and fill the reasonable needs of the Inhabitants of the terri-
tory for the aervioes for which said franchise, is
a p-tanted.
I V.)
SECTION 3. That the said gra.11lteeand its successors
o.. assigns -she-11, during the life of said franchise, pay to the City
Treasurer of the City of West Covina, In lawful-.1rioney of the United
Sta.1109, t,wol (21%)- per ce-rit o.& the gross annual receipts of snoh
grante'e and its successors ar ' assigns, arising from the -uge-,* opera -
tin, oor posaassion of said franchise'. including moneys reoeived for
the use, sale and rental or furnishing of electricity' f6:b power,
• heat and light within the corporate limits of the. City of 7est
Covina, - provided that said two (2%) :Oer cent- of the gross annual
• receipts of such grantee shall riot be payable until five (5) years
a-Ifter said franchise is awarded, and then. -shall be- payab!'e in the
Mariner hereinafter set forth.
And it shall be the duty- of the grantee of said fran-
ohise and. of its successors or assigns, to file with the, Clerk of
the City of Wiest Covina,, at the expiration of rix' (6) !;earrs from
the date of. the granting of said'.fran.chise, "and .at the -expiration
of each and every year thereafter, a statement, verified by the
oath of said grantee, Its successors. or assigne, or by the oath of
the manager or presiding offices of said grantee, or other officer,
its successors or assigns, showing in detail the total gross earn-
ings collected or received by said grantee, its successors or
asaigns, during the preceding twelve (12) months, for the use,
g n
e2®
A. sale, rental or jpurniahing,of el.ectricity for power, heat, light or
any other p4rposb_ rahatever., from any part of the system located
within the oormorate limits of West Covins:, for, the -construction
and operation, -of whIlch aaid franchise is granted, and within tan
.(10) days after the -,time for filtng:th-e aforesaid .statement, it
shall be t'he duty of said grantee' -its buoces . sors or assigns, to
pay to the City. Treasurer of the City of West Oovisna, the aggregate
sun of, said percentage upon t)iiawount of the gross annual re-
o e i -9 -16b a, arising from the use,, operation or poasession of -,said fran-
chise,, anti if tbe. amoo-nt paid is incorrect. An the Judgment of the
City. Council.; they ihay order the paymentof, such. additional. sum*
as they may find due hereunde,:f,and if n.ot. paid the same may be
oolleoted by suit. And any.-neglpdt, -om-isakon-br..refusal by said
grantee, its su.coessors or 'atsigns,j to file., said vetif ied state-
vent or to pay the said percen'tqge of th-e said gross annual. re-'
ceipts at the Burma or in the.irtanner hereinbefore provided, shall
work a forte tare of zaid fraa.-hlse k-Ld -of all the rights there-
under, to the City of Weat Covina.
SECTION 4. That whenever any portion of t-he
covered by said fra;nohise sliall be 'annexed to, or- ottherwiae be-
q6ime a. paxt of aa-y other' municipal corporation, or of the Co.-LLnty
of Loa Angeles, or of any othar county, the rights reserved under
said franchi�e to the City of 77e.st Covinaj, or any officer therw,of,
aha.0 inure to th6_ benefit of euch wuniclpal corporaLionor county,
and, its appropriate officers.
SECTION 5. That the aaid mrantee, its suo-essors or
0 kv �
assigns,, shalnot sell, trenafer or assign said franchise, or any
.of -the -rights or privileges rprantod thereby, ex ept -oy a au1y ex-
ea'Ute4. instrument in writing, filed in the office of the Clerk of
the 'CAty of !,Zest Covina-; and provided further, that nothing in
said -franchise contained shall be construed to grent to said
gr-,nnt-ee., its. auaoeseora or aseigns, any Fight to sell, transfor
or assign said franchi.se, or any of the rights or privileges there-.
.by granted, exqeptin the rvinner aforesaid..
SECTION 6. That any n6gleat, failure or refu3j", -to com-
ply 1xith any of Aw"'he conditions, of salild franchise shall work a for-
feitura thereof, and the said City, by ita City Council, "may there-
upon declare •sai , d franchise forfeited, and may e_xzolude said granteg,
its successors or asaigns, 117'rom 1u.-therus-e of the highways of said
city under said franchise.; and the said'
gr4ntee, its successors or
assigns, shall thereupon surTender al -rights -in and to the sama,
and said franchise shall be deemed amd shall ,remand null, void and
of-110 effect.
SECTION 7. The ordinance granting said franchise shall
take. effect, thirty (30) 4ays from w�.id After t1.10 &-te .01' its 'adoption..
SECTION 3. The City Plerk shall certify -to the adoption
of said ordinaiinde., and shall cause the same to be Published in one
regular issue of. the Covina Argue,'
i SYCTION 9. The grant of said franchise is effective only
upon the- further doxidition that the grantee shall, at . all times
during the life of said 'franchi e,keep on file with the City Council
-a bond running to said City of"West Covina in the penal sum of One
Thousand ( 1,000.00) Dollar.s, .r i h-s'ureties to be approved by,aaid
City Council, conditioned .upon eaid bidder well and. truly observing,,
fulfilling; and performing each and every tear, and condition, of said
franchise., and that in case of any breach of condition: of said. 'bond
the 'hole amount of.. the penal sum therein named shall be taken and
deamed to be liquidated damages, and ,sha .l be recoverable from the
principal and sureties on said bond; provided however, that if
s :i.d band. shall not be so filed, the &ward of said franchise shall be-
set aside and the money paid therefor shall be forfeited., and said
franchise shall., .in the discretion of the City Council, be re -ad-
vertised and aga,ii! ,offered for sale' in the same Manner And, under the
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same restri^t Iona as . herein providod.
IECTION 10. That notice is hereby given that sec.led bids
ire, writing wizll be received for said franchise up to eight o'clock
P..M. , on the 10th day .or October, 1928, and at the time above men--
.tiorlea, and in the Council. Room of the City Council of the City of
Feat Covina,. any and all sealed bids will be opened:; that all bids
must be for the payment of a stated suz in gold coin of the United
St. tea, and that the said franchise will be struck off, , sold -and
cl.w..rded to .the Baer -son, firm or oorpprs Lion who makes the highest.
cash paid therefor; provided only that at the .t;i�ae of the opening of
said Was any resporisible person.,firm or corporation present or re-
-pros may bid for salid franchise or privilege, axt m of not less
tl are ton (10%) per -cent above the highest s z�.�e d 'oid therefor, and
said. oi4 so made may beraised not less then. ten(1.Cp4) per cei nt by
aYny oti�er 'resi�onsible bidder, and said. bidding -may so- continue. until
finally said. -franchise shall be struck. off, .sold and- P.�,warded to the
'hi.sh;et bid -der therefor in -gold coin of the United.States by said
City Council..
That eacIL sealed bid.shall' be.acoorrpa "ed w-rt.th cash or a
certified check payable to the Treasurer of the City of meet ;;ovina
for the fl,ll azrount of` Such bid., anti no t�cslel bid shall. be Con-.
sidere.d unless said cash or check is enclosed thereriaith, and. the
succeeeful, bidder. shall ddeposit at least ten (10)/ er Dent of the
amount . of his. bid. -with the Clerk of the City of hest Covina before
the f'ranchiae Lehall be struck off to him.. If the sua e.ssful bidder
shall fail to make suck deposit luLmL diately, -then and in that case -
his bid shall not be received and s1,all be considered as void,, and
the said frai ohise .sha.l]_ then. and there be main. offered for sale
to the bidder who shall make the highest- cash bid: therefor, eubject
to the same conditions as to .deposit as above mentioned. Said pro-
oedare shall' be ha,d until said franchise' is struck off, sold and
awarded to a bidder who -shall make the necessary deposit of at
least ten, (10%) der. cent -of the amount. off, ..his -bid therefor, as
herein prov"idwd..
That. the, successful biade:r Aha:l:l deposit �,yith the Clerk
of the Cityo+f West
� Covina within twenty-four (((24)o hours afv.er the
acioeptanoe -of his bids' the remaining ninety (90%) per Vaal. of the
amount- thereof-, and in -case he or it shall fail to do sop then. the
said: deposit theretofore made shall be .fcrfeited, axid the said
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award of said franchise shall -kit; end the said franchise shall
then and there 'by said City Oounall,, in the, sa-zae manner and wider
the sam - e renstrictions as hereiribefore provided, ti, ag*ain offired
for -sale to the hAShest bidder tha--rafor,, and be .truck off, sold
arid waarded; a.n.d in oase aaid person or, s
corl-or tiqn hall fdil -to
1 p a
deposit with the Clark of the 'City oR Ifiest Covina the. remainin-g
nine (90101) per eent of his or its bid within twenty-four (24T
hoti.ra after its. acaepta.noe, the alacard to him of said fran-ahl-ae
ahall be set aside and the depot " it theretofore, made by him shall
be f6rfeited, and no further poo reedings for a sale of said Tran-
ohise shallbe had unless the, sale shall be re -advertised and again
offs red, for sale in the xtanner 'here in-o-ef ore provided.
Th.7iA notice is hereby given that the aucoessful bidder
for auoh franchise or privilege stru3k off, sold or a7warded to him
or i-r., h:�.3.36 -f le, 4nd. keep on file., a, bond running to -the City of
Weat Covina., with at yeast. two kood and sufficient cure tIes to be
aporprove. b said City Council, in the Denal aura of One Thousand - (4dun
1.POO.OU Dollars,. oonditioned that suoh bidder .well and truly
obaer-,,re, fulfill and perform eaach.and. every term and oondin tioof
. a-ach franoftise and Vhat in aaae.- of any brea;oh of condittion of such
bond the whole amount of the pe-nal slam the -rain named 3hall be taken
a a Ta
nd doeTed to be lllqui&ated damages,, and sha,11 be -recoverable from
the princi-pa.1- acid auteties upori said bond.- Said bond shall be
Mod qith aaid City Cowicil within five, (5) days after -the fr-inchi-se
is Pawaxk4�.Ied: *uid upon the filing"and aplprovrU of- such bond the said
fr, -n-chise- shall;, by said City Council, be granted to the Person.,
TIIA� fior corporation to vfa6m it has b.een struck off', 'sold wrid a;qarded,
and In ca..se said bond aball not be ao filed the waard orf said fran-
chIs_- ahrlll .be'aet samalds sad any money paid therfor shall be forte,
f a it-ed.
DATIED t-Ilis - 5th day of i"92118.
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city cI-fiiYe—,-0—f - t b.-e City o? rjeaf
Covina, State of California