Ordinance - 430
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ORDINANCE NO.
AY ORDINANCE COMBINING THAT PORTION OF THE CITY OF
TEST COVINA KNOWN AS THE "NORTHWEST ANNEXATION DIS-
TRICT"; AND THE CITY OF WEST COVINA PROPER, UNDER
ONE NAME AND NM14BER FOR THE PURPOSE OF TAXATION TO
BE KNO71N IN LOS ANGELES COUNTY AS"WESTCOVINA TAX
DISTRICT NO. 111
The City Council of the City of West- Covina do ordain as
follows:
Section 1: That that portion of the City of West Covina
known as the, "Northwest Annexation District" and the City of rijest
Covina proper, shall, for the purpose of taxation and to simplify
the work of the County Auditor and Tax Collector, be hereafter
known in Loa Angeles County as "West Covina Tax District No. 111.
MOR
Atte
C. qD,-,.vy
City Clerk
STATE OF CALIFORNIA, )
COUNTY 0 ' F LOS ANGELES,) as
City of West Covina.
1, C. D. 7NOLFINGER, City Clerk of the City of West Covina,
hereby certify that the foregoing ordinance was adopted by the City
Council of the City of Vies t-,�vina,at tl meeting of the
said City Council on the '7X-fA-- day of 1928, and
signed by the Mayor of sa=C�ouncil, and that the said ordinance
re,�ras adopted by the follo-,;,,ring vote:
Ayes: Coffman] Gl,oege, King 4atts and Yarnell.
Noes: None.
Absent None
0 . D d.,.A t 0 Rn g
City Clerk
State of California ss.
County of Los Angeles
C. D. dolfinger, being first duly sworn, says: That he is a
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citizen of the Unitted States and over age of years;
he is the Clerk of the City of West Covina and that on the 22nd
day of November, 1928, he posted three copies of the foregoing
Ordinance ho•43 in three public places in the said City, to -wit:
one at the door of the West Covina Club House, the same being the
place where the meetings of the Council of the said City are held,
one on Sunset Avenue in front of the `&est Covina School House and
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one at the north-west corner of Puente Street and
Ellen
Boulevard.
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Subscribed and sworn to before me this �da of December, 1928
Notary Public in and for the County
of Los Angeles, State of California.
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provided that said instructions or regulations of the City Co4cil
are not in conflict with any parawiount authority of the State of
California.
And unless otherwise ordered, all soles shall be placed
flush :oiith the outer edge of the streets or hiqh%-iays where there are
no sideffal4s and where the property is not platted, and flush with
the curb lines where there are sideiiallrs or the property is platted,
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a:.,Ld adjace-at poles shall not be placed nearer together than one
hundred (100) feet, e,ccept at street crossings and cross -toads, or
qhere the .ublic safety requires. lj',,rhen any of said poles or wires
• shall becaiie an obstruction to the use of any of said streets or
highways, or dangerous to the user thereof, said City Council shall
have the right to order said poles relocated or remodeled at the
expense of the grantee of said franchise, its successors or assigns,
to avoid such obstruction or danger.
That the work to erect the poles and wires hereunder
shall be commenced in good faith within not more than four (4)
r0onths fro:: the granting of said franchise, and if not so cor.,riienced
said time, said franchise shall be declared forfeited; pro-
vided, however, that for good cause shown, the Council or governing
or legislative body of the said City of -Fest Covina may, by resolu-
tion, extend the time for completion thereof, not exceeding three
(3) months; provided further, that any syster., now constructed and
oi:)erated rithin said City of 'Rrest Covina by the grantee of said
franchise shall be considered as constructed under the provisions
of said. fra-zichise. The work hereunder shall be prosecuted dili-
gently and in good faith by the U grantee of said franchise so as to
meet and fill the reasonable needs of the inhabitants of the terri-
tory for the services for vThich said franchise is granted.
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SECTION 3. That the said grantee and its successors
or assigns shall, during the life of said franchise, pay to the City
Treasurer of the City of est Covina, in lawful money of the United
States, taro (2%) per cent of the gross annual receipts of such
grantee and its successors ar assigns, arising from the use, opera-
tion or possession of said franchise, including moneys received for
the use, sitle and rental or furnishing of electricity f6r 1povier,
heat and l.'.R:ht tirithin the corporate li.,tits of the City of Test
Covina, provided that said trio (2Q per cent of the gross annual
receipts o-.,-.' such grantee shall not be payable -until five (5) years
after said franchise is awarded, and then shall be payable in the
manner hereinafter set forth.
And it shall be the duty of the grantee of said fran-
chise and of its successors or assigns, to file-lriith the Clerk of
the City of West Covina, at the expiration of six (6) years from
the date of the granting of said franchise, and at the expiration
of each and every year thereafter, a statement, verified by the
oath of said grantee, its successors or assigns, or by the oath of
the manager or presiding officer 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
assigns, during the ?,-receding twelve (12) months, for the use,
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sale, rentE,l or furnishing of electricity for power, heat, light or
any other purpose whatever, fro,-li any part of the system located
,iWithin the corporate limits of '!V,!eat Covina, for the construction
and operation of which said franchise is granted, and -�eiithin ten
(10) days after the tii,ie for filing the aforesaid statement, it
shall be the duty of said grantee, its successors or assigns, to
pay to the City Treasurer of the City of 11fest Covina, the aggregate
sLz, of said percentage -upon the aw.ount of the gross annual re-
ceipts arising from the 'use, operation or possession of said fran-
chise, and if the amount paid is incorrect in the judgment of the
City Council, they may order the payment of such additional sLz_q
as they may find due hereunder, and if not paid the same may be
collected by suit. And any negledt, omission or refusal by said
grantee, its successors or assigns, to file said verified state-
ment or to pay the said percentage of the said gross annual re-
ceipts at the ti-mies or in the manner hereinbefore provided, shall
work a forfeiture of said franchise and of all the rights there-
under, to the City of West Covina.
SECTION 4. That whenever any portion of the territory
covered by said franchise shall be annexed to, or otherwise be-
come a part of any other municipal corporation, or of the County
of Los Angeles, or of any other county, the rights reserved under
said franchise to the City of Vrest Covina, or any officer thereof,
shall inure to the benefit of such municipal corporation or county,
and its appropriate officers.
SECTION 5. That the said grantee, its successors or
assigns, shall not sell, transfer or assign said franchise, or any
of the rights or privileges granted thereby, except by a duly ex-
ecuted instrument in sriting, filed in the office of the Clerk of
the City of Zfest Covina; and provided further, that nothing in
said franchise contained shall be construed to grant to said
grantee, its successors or assigns, any right to sell, transfer
or assign said franchise, or any of the rights or privileges there-
by granted, except in the iianner aforesaid.
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S-ECTION 6. That any neglect, failure or refusal to com-
ply with any of the conditions of said franchise shall wiorlz a for-
• feiture theseof, and the said City, by its City Council, may there-
upon declare said franchise forfeited, and i�aay exclude said grantee,
its successors or assigns, from further use of the high -%,.rays of said
city under said franchise; and the said grantee, its successors or
assigns, shall thereupon surrender all rights in and to the sane,
and said franchise shall be deemed and shall remain null, void and
of no effec-'-.
S70TION 7. The ordinance granting said franchise shall
take affect thirty (30) days from and after the date of its adoption.
SECTION 8. The City Clerk shall certify to the adoption
of said ordinance-., and shall cause the same to be published in one
regular issue of the Covina Argus.
SrCTION J. The grant of said franchise is effective only
upon the further condition that the grantee shall, at all times
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during the life of said franchise, keep on file with the City Council
a bond running to said City of Vrest Covina in the penal situ of One
u Thousand (jli1,000.00) Dollars, with sureties to be approved by said
City Council, conditioned upon said bidder well and truly observing,
fulfilling and performing each and every term and condition of said
franchise, and that in case of any breach of condition of said bond
the whole amount of the penal sum therein named shall be taken and
deemed to be liquidated dayiiages, and shall be recoverable frorn. the
principal and sureties on said bond; provided however, that if
said bond shall not be so filed the aviard of said franchise shall be
set aside aad the money paid therefor shall be forfeited, and said
franchise shall, in the discretion of the City Council, be re -ad-
vertised and again offered for sale in the same itianner and under the
• same restrictions as herein provided.
STCTION 10. That notice is hereby given that sealed bids
in writing xill be received for said franchise up to eight o'clock
PAZ., on the 10th day of October, 1928, and at the time above men-
tioned, and in the Council Room of the City Council of the City of
7bTest Covina, any and all sealed bids will be opened; that all bids
must be for the payiient of a stated 9Lzi in gold coin of the United
States, and that the said franchise will be struck off, sold and
awarded to the person, fin, or corporation �,aho makes the highest
cash bid therefor, provided only that at the time of the opening of
said bids any responsible person, firm or corporation present or re-
presented,-iiay bid for said franchise or privilege, ai.-sun of not less
than ten (10%o),per ce-at above the highest sealed bid therefor, and
said bid so made may be raised not less than ten (10%) per cent by
any other responsible bidder, and said bidding may so continue until
finally said franchise shall be struck off, sold and awarded to the
highest bidder therefor in gold coin of the United States by said
City Council.
That each sealed bid shall be accompanied with cash or a
certified check payable to the Treasurer of the City of nest Covina
for the full amount of such bid, and no sealed bid shall be con-
sidered -unless said cash or check is enclosed therewith, and the
successful bidder shallcdeposit at least ten (106,Zo) per cent of the
• amount of his bid with the Clerk of the City of Test Covina 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 deposit as above mentioned. Said pro-
cedure shall be had until said franchise is struck off, sold and
awarded to a bidder who shall ,,iiake the necessary deposit of at
least ten per cent of the amount of his bid therefor, as
herein provided.
That the successful bidder shall deposit with the Clerk
of the City of West Covina within t�xenty-four (24) hours after the
acceptance of his bid, the remaining ninety per cent 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
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award of said franchise shall. be void, and. the said franchise shall
then and there by said City Council, in the same manner and under
the sa;!Yie restrictions as hereinbefore provided, be again offered
for sale to the highest bidder therefor, and be struck off, sold
and awarded; and in case said person or corporation shall ftil-to
deposit with the Clerk of the City of 'Pest Co-vinia the rer.aininv,
ninety (90c�') per cent of his or its bid within twenty-four (24),
hours after its acceptance, the award to him of said franchise
shall be set aside and the deposit theretofore made by him, shall
be forfeited, and no further ,proceedings for a sale of said fran-
chise shall be had unless the same shall be re -advertised and again
offered for sale in the manner hereinbefore provided.
That notice is hereby given that the successful bidder
for such franchise or privilege struck off, sold or awarded to him
or it, shall file, and keep on file, a 'bond running to the City of
IRIest Covina, with at least two 'good and sufficient sureties to be
approved b said City Council, in the penal sum of One Thousand
U';1,00O.OU Dollars, conditioned that such bidder 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 receverable from
the princiL.al and sureties upon said bond. Said bond shall be
filed with said City Council T:,.rithin five (5) days after the franchise
is a,.--iarded, and upon the filing and approval of such bond the said
franchise shall, by said City Council, be granted to the person,
firm or corvoration to t�rhtm it has been struck off, sold and awarded,
arid in case said bond shall not be so filed the award of said fran-
chise shall be set aside and any money paid liherfor shall be for-
feited.
DATED this 5th day of Peptember , 1928.
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Covina, State of California
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State of California )
County of Los Angeles ) ss.
City of West Covina }
C. D. Wolfinger, being first duly sworn, says: he is the Clerk
of the City of Vest Covina, a citizen of the United States and over
the age of twenty-one years, and that on September 69 19289 he posted
three notices of "Notice of Sale of Franchise" to the Southern Calif-
ornia Edison Company, to -wit: one at the door of the West Covina Club
house, the same being the place where the meetings of the Council of
said City are held, oneon Sunset Avenue in front of the West Covina
School House and one at the north-west corner of Puente Street and
Lark Ellen Avenue.
Subscribed and sworn to before me this � day of October, 1928.
Notary Public in and for the County of Los
Angeles, State of California.