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HomeMy WebLinkAboutResolution No. 3407RESOLUTION NO. 3407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AGREEMENT FOR ELECTRICAL DISTRI— BUTION FACILITIES AND ENERGY BETWEEN THE CITY OF AZUSA AND ALEXANDER'S MARKETS 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 March 13, 1956 between the City of Azusa Light and Power Department and ALEXANDER'S MARKETS 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 the same. When so signed and attested and signed by all parties hereto, two copies of said contract are to be delivered to said ALEXANDER'S MARKETS 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. 4 � 5 MAYOR of the City or 4zusa Q, Passed, approved and adopted this 2nd day of April 1956 I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Azusa at a regular meeting of said Council of said City held in the regular council chambers of said City Council in said City. April 2 195 6 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 tClerk, Vity o zusa =. Ttty luf . psa 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 .13........--.. day of ...March ................ 19..56, between the CITY OF AZUSA LIGHT AND POWER DEPARTMENT, hereinafter called "The City", and ... exander._s._Markgts__.-._27�..: .....................................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_650Q..QQ......................................................................._............. 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: ... 3 ... 11base... 20.0-H.P.-.-fax... Tbad....... ... ......................... .....--...................._....................................._......_.........................-...----'-----'--'---...................................................... the net cost to the City of installing and removing the facilities necessary to render such service being 500.00 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 ..U,.50-0 ------------------ volts on the primary side and .-X201208---------------- 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; 162 �0 (b) The Customer has paid to the City an average total of. $....----..r ................. per month for.DPmwid..&..Eaergy.- ................. ... 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) re The.provisions of this agreement have been complied with by the Customer. ,The City furtlierr,agrees that any repayment to the Customer of the monies advanced herewith will be made thirty days after the conditions -hereinbefore set forth have been complied with. However, if the Customer has not fully complied with said conditions, then'tlie-monies advanced, or any part thereof, shall not be returned, and the Customer waives all rights and/or 0laims to all or any portion of said monies advanced. a - 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, i Witness to Signature of Customer: ..._Alexander! s..XA e.S- ....................... ........... - Customer By... Title ... §f!1KS'tflTxi .TT'f2Sliret Aadress22-.. ta. _ Wil s= ..Ama....... PUP-nda le.......__ 0 0 EXCERPT FROM THE BY-LAWS OF ALEXANDER'S MARKETS, INC. DATED 18 JUNE 1946 THE SECRETARY AND ASSISTANT SECRETARIES 32. THE SECRETARY SHALL ATTEND ALL SESSIONS OF THE BOARD AND ALL MEETINGS OF THE SHAREHOLDERS AND RECORD ALL VOTES AND THE MINUTES OF ALL PROCEEDINGS IN A BOOK TO BE KEPT FOR THAT PURPOSE AT THE PRINCIPAL OFFICE OF THE CORPORATION, OR AT SUCH OTHER PLACE AS THE BOARD OF DIRECTORS MAY FROM TIME TO TIME DETERMINE, SPECIFYING THEREIN THE TIME AND PLACE OF HOLDING, WHETHER REGULAR OR SPECIAL, AND IF SPECIAL, HOW AUTHORIZED, THE NOTICE THEREOF GIVEN, THE NAMES OF THOSE PRESENT AT DIRECTORS' MEETINGS, THE NUMBER OF SHARES PRESENT OR REPRESENTED AT SHAREHOLDERS' MEETINGS AND THE PROCEEDINGS THEREOF; AND HE SHALL PERFORM LIKE DUTIES FOR THE EXECUTIVE AND OTHER COMMITTEES WHEN REQUIRED. HE SHALL KEEP AT THE PRINCIPAL OFFICE FOR THE TRANSACTION OF THE BUSINESS OF THE CORPORATION, THE ORIGINAL OR A COPY OF THE BY-LAWS, AMENDED OR OTHERWISE ALTERED TO DATE, CERTIFIED BY HIM. THERE SHALL BE KEPT AT THE PRINCIPAL OFFICE OF THE CORPORATION, OR AT THE OFFICE OF THE TRANSFER AGENT, A SHARE REGISTER OR A DUPLICATE SHARE REGISTER, SHOWING THE NAMES OF THE SHAREHOLDERS AND THEIR ADDRESSES; THE NUMBER AND CLASS OF SHARES HELD BY EACH, THE NUMBER AND DATE OF CERTIFICATES ISSUED FOR THE SAME; AND THE NUMBER AND DATE OF CANCELLATION OF EVERY CERTIFICATE SURRENDERED FOR CANCELLATION. 33. HE SHALL GIVE OR CAUSE TO BE GIVEN, NOTICE OF ALL MEETINGS OF THE SHAREHOLDERS AND SPECIAL MEETINGS OF THE BOARD OF DIRECTORS, AND SHALL PERFORM SUCH OTHER DUTIES AS MAY BE PRESCRIBED BY THE BOARD OF DIRECTORS OR THE PRESIDENT, UNDER WHOSE SUPERVISION HE SHALL BE. HE SHALL KEEP IN SAFE CUSTODY THE SEAL OF THE CORPORATION AND WHEN AUTHORIZED BY THE BOARD, AFFIX THE SAME TO ANY INSTRUMENT REQUIRING IT, AND WHEN $O AFFIXED, IT SHALL BE ATTESTED BY HIS SIGNATURE OR BY THE SIGNATURE OF THE TREASURER OR AN ASSISTANT SECRETARY. 34. THE ASSISTANT SECRETARIES, IN THE ORDER OF THEIR SENIORITY SHALL, IN THE ABSENCE OR DISABILITY OF THE SECRETARY, PERFORM THE DUTIES AND EXERCISE THE POWERS OF THE SECRETARY AND SHALL PERFORM SUCH OTHER DUTIES AS THE BOARD OF DIRECTORS SHALL PRESCRIBE. THE TREASURER AND ASSISTANT TREASURER 35. THE TREASURER SHALL HAVE THE CUSTODY OF THE CORPORATE FUNDS AND SECURITIES AND SHALL KEEP ADEQUATE AND CORRECT ACCOUNTS OF THE CORPORATE PROPERTIES AND BUSINESS TRANSACTIONS, INCLUDING ACCOUNTS OF ITS ASSETS, LIABILITIES, RECEIPTS, DISBURSEMENTS, GAINS, LOSSES, CAPITAL AND SURPLUS IN BOOKS BELONGING TO THE CORPORATION, AND SHALL DEPOSIT ALL MONEYS AND OTHER VALUABLE EFFECTS IN THE NAME OF AND TO THE CREDIT OF THE CORPORATION IN SUCH DEPOSITORIES AS MAY BE DESIGNATED BY THE BOARD OF DIRECTORS. 36. HE SHALL DISBURSE THE FUNDS OF THE CORPORATION AS MAY BE ORDERED BY THE BOARD OF DIRECTORS, TAKING PROPER VOUCHERS FOR SUCH DISBURSE, MENTS, AND SHALL RENDER TO THE PRESIDENT AND DIRECTORS, AT THE REGULAR MEET- INGS OF THE BOARD OF DIRECTORS, OR.WHENEVER THEY MAY REQUIRE IT, AN ACCOUNT OF ALL HIS TRANSACTIONS AS TREASURER AND OF THE FINANCIAL CONDITION OF THE CORPORATION. 37. IF REQUIRED BY THE BOARD OF DIRECTORS HE SHALL GIVE THE CORPORATION A BOND IN SUCH SUM AND WITH SUCH SURETY ER SURETIES AS SHALL BE SATISFACTORY TO THE BOARD FOR THE FAITHFUL PERFORMANCE OF THE DUTIES OF HIS OFFICE AND FOR THE RESTORATION TO THE CORPORATION IN CASE OF HIS DEATH, RESIGNATION, RETIREMENT OR REMOVAL FROM OFFICE OF ALL BOOKS, PAPERS, VOUCHERS, MONEY AND OTHER PROPERTY OF 17HATEVER KIND IN HIS POSSESSION OR UNDER HIS CONTROL BELONGING TO THE CORPORATION. 38, THE ASSISTANT TREASURERS, IN THE ORDER OF THEIR SENIORITY SHALL, IN THE ABSENCE OR DISABILITY OF THE TREASURER, PERFORM THE DUTIES AND EXERCISE THE POWERS OF THE TREASURER, AND SHALL PERFORM SUCH OTHER DUTIES AS THE BOARD OF DIRECTORS SHALL PRESCRIBE.