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HomeMy WebLinkAboutResolution No. 3607RESOLUTION NO. 3607 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AGREEMENT FOR ELECTRICAL DISTRIBUTION FACILITIES AND ENERGY BETWEEN THE CITY OF AZUSA AND TODD , INC. AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST SAME: The City Council of the City of Azusa does resolve as follows: BE IT RESOLVED that that certain Agreement for Installation and removal of Electric Distribution Facilities for Supplying Electrical Energy for Power and Lighting Service Dated April 16, 1957 between the City of Azusa Light and Power Department and TODD ENGINEERING, INC, the original of which is on file with the City Clerk of the City of Azusa, be and the same is hereby approved; BE IT FURTHER RESOLVED that the Mayor of the City of Azusa be and he is hereby authorized to sign the said contract for and on behalf of the City and City Clerk is hereby directed to attest same. When so signed and attested and signed by all parties hereto, two copies of said contract are to be delivered to said TODD ENGINEERING, INC. BE IT FURTHER RESOLVED that the Mayor shall sign this Resolution and the City Clerk shall attest the same and certify to the passage and adoption thereof. MAYIOR of the City ofAzusa -ATTEST: / �ITY CLERK of the City of Azusa Passed, Approved and Adopted this 14th day of May , 195'1 I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Azusa at a regular adjourned meeting of said Council of said City held in the regular council chambers of said City Council in said City. May 14 , 1957_ and that the same was passed by the following vote of the Council: AYES: COUNCILMEN: Fawcett, Ortuno, Johnson, Romero, Memmesheimer NOES: COUNCILMEN: None _ ABSENT: COUNCILMEN: None C .a Clerk, City of Azusa 1 Tit# Jaf Apsa MUNICIPAL LIGHT AND POWER DEPARTMENT LOS ANGELES COUNTY, CALIFORNIA Agreement For Installation and Removal of Electric Distribution Facilities For Supplying Electrical Energy For Power and Lighting Service THIS AGREEMENT, made this .16th--..... day of ARE ................... 1915.7..., between the CITY OF AZUSA LIGHT AND POWER DEPARTMENT, hereinafter called "The City", and ...TQdd. ....................... ...... 796 Todd Ave.. .AZt1S3 . ..........................hereinafter called "The Customer", WITNESSETH: THAT, WHEREAS, the City will install electric distribution facilities for the purpose of rendering any customer service, provided the Customer shall pay to the City in advance the net cost of .... K55..O.OQ................................................................................... installing and removing any facilities necessary in connection with the furnishing of such service by the City; and WHEREAS the Customer desires to receive service for the following purpose:..... Machine..3hop-Sor..7f=ufact4ring purposes 50 H.P. the net cost to the City of installing and removing the facilities necessary to render such service being $__15040. payment of which sum by the Customer to the City is hereby acknowledged; NOW THEREFORE, the City agrees to install its facilities for the purpose of rendering the Customer such service at the above premises, said service to be supplied by the City at the standard voltage of _-.--------_--_- 4_1�a----- volts on the primary side and ------------------------- volts on the secondary side of the transformer, as requested by the Customer. Said facilities will be owned by the City on the property of the Customer, and it is expressly understood that the City and its authorized agents and representatives shall at all times have complete and exclusive control of the operation, repair and maintenance of said facilities, and/or the right to remove said facilities should the Customer fail to comply with all the provisions of this agreement, and the City shall at all times have the right and privilege of ingress and/or egress in, upon, along, and over the property of said Cus- tomer without any cost or expense whatsoever to the City for the use of said property upon which the said facilities are located. ` The City will repay to the Customer, without interest, the monies advanced herewith, provided: (a) The Customer has used continuous service for three years from the date service is first rendered from the new facilities installed as a result of the money advanced herewith; (b) The Customer has paid to the City an average total of $..... 150,00......... per month for ...36..mantaaB....................................... charges based on the entire three-year period; (c) The Customer agrees to continue to use not less than the same electric service for another three-year period after the expiration of the aforesaid three-year period; (d) The City is satisfied with the Customer's ability to meet its obligations for an additional three-year period. (e) -The provisions of this agreement have been complied with by the Customer. The City further agrees that any repayment to the Customer of the monies advanced herewith will be made thirty days afterthe conditions hereinbefore set forth have been complied with. However, if the Customer has not fully complied with said conditions,'then the monies advanced, or any part thereof, shall not be returned, and the Customer waives all rights and/or claims to all or any portion of said monies advanced. This agreement shall at all times be subject to such changes or modifications by the City Council of the City of Azusa as said Council may from time to time direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, said parties have executed this agreement on the day and year first above written. ATTEST: j��f� .._...Til,Zl.Y..u/ -------- ........................:.. / City Clerk Witness to Signature of C mer: .................... /1-6-A.-t}}J--j�-j---.� Address.... --F =+'-�..rj....fP.:.. ...... . .......................... ............................ ............ ----.._ -- Custo Title ........ /iL_C_:...Y. S: _.............. Address ........ 706--Todd._Ave............... ................ ...... — ,• • The undersigned, Bernard E. Knott , hereby certified: That he is now and at all times herein mentioned has been the duly elected, qualified and acting Secretary of Todd Engineer- ing, a duly organized and existing California corporation, and in charge of the minute books and corporate records of said corpora- tion; that attached hereto and marked Exhibit A is a full, true and correct copy of a resolution duly adopted by the board of directors of said corporation at a meeting thereof duly held on May 6, 1957, at which meeting a quorum of said board was at all times present and acting; and that said resolution has not been modified or rescinded and is at the date of this certificate in fullforce and effect. IN WITNESS WHEREOF, the undersigned has executed this certificate and affixed the corporate seal of said corporation this 7th day of May, 1957• DATED: May 7, 1957 TODD ENGINEERING Secretary Upon motion duly made, seconded and unanimously carried the following resolutions were adopted: WHEREAS, Bernard E. Knott has heretofore executed upon behalf of this corporation a written agree- ment with the City of Azusa Light and Power Depart- ment, which agreement was dated April lb, 1957 and which is entitled "Agreement for Installation and Removal of Electric Distribution Facilities for Supplying Electrical Energy for Power and Light- ing Service," wherein and whereby the City of Azusa Light and Power Department has agreed to supply certain electric distribution facilities upon the terms and conditions set forth in said written agreement; NOW, THEREFORE, BE IT RESOLVED, that this corporation hereby ratifies the action of said Bernard E. Knott in executing said written agreement upon behalf of this corporation; and RESOLVED FURTHER, that this corporation hereby con- sents to the terms and conditions of said written agreement and agrees to be bound thereby.