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R-5007 --r ~. c '..,;... t cA .:DTO:ICb 4-18-78 . RESOLUTION NO. 5007(CCS) (Clty Councll Serles) RESOLU~ION NQ. 149 (Parking Authorlty Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA REGARDING THE AUTHORIZATION OF A CONTRACT, AND THE FURNISHING OF FUNDS THEREFOR, WITH THE SOUTHERN CALIFORNIA EDISON COMPANY IN CQNNECTIONWITH THE RELOCATTON OF-ITS FACILITIES. WHEREAS, Southern Californla Edison Company [hereinafter "Edison"} has heretofore constructed and installed a certaln system of electrical conductors, condults and appurtenances [here~nafter "Facilit~es"l ln and about portions of Second Court and Th~rd Court, between Broadway and Colorado Avenue, and also wlthln an area approximatel~ encompassed by Broadway on the north, Colorado Avenue on the south,-Second Street on the west and Fourth Street on the east, In the City of Santa Monlca, State of California; and, WHEREAS, pursuant to the Street Vacat~on Act of 1941 (Section 8300 et seq. of the Streets and Highways Code), the City Councll ~~ empowered to vacate any City street, or part thereof, if it finds that the same is unnecessary for present or prospectlve public street purposes; and, ~VHEREAS, a .dispute has arlsen as to whether or not Edison is obllgate? to pay such costs ot relocation of the -1- J a e I; . CA .8-78 . Facillties; and, WHEREAS, Edison lS unwilling to relocate said Facll1tles unless a mechanlsm 15 establlshed whereby funds are available to Edison in the event that Edison prevails In a lawsu~t dec~dlng the lssue as to who is responsible for such costs of relocatlon; and, WHEREAS, Edison has determined the~tbtal- cas:ts :, of relocation of the Facilltles to be~Slxty Thousand Four Hundred Four Dollars and Twenty Flve Cents ($60,404.25), which sum also lncludes the amount of Seven Thousand Five Hundred ($7,SOO} Dollars for the total costs of englneering the relocatlon of such Facilitles; and, WHEREAS, in order to facilitate, effect and not unreasonably delay the relocation of the Fac11lt1es as aforesald, the Clty Councll and Edlson desire to provide a means w~ereby the question of which party lS l~able to pay the costs of relocating said Facility may be reserved without affecting such relocation and without prejudice to the legal positlon and rlghts of any parties; and, WHEREAS, the Clty Councll deslres to enter lnto an agreement wlth Edison in order to facilltate, effect and not unreasonably delay the relocatlon of sald Fac~litles; and, WHEREAS, the Park1nq Author~ty desires to provide to the C1ty Council the sum o~ Fifty Two Thousand Nlne Hundred and Four Dollars and Twenty Pive Cents ($52,904.25), representlng the dlfference between said total costs of relocation (i.e., -2- . '- 'iO ~ ,_~ ~- ... CA "8-78 . $60,404.25) and said total costs of engineering (i.e., $7,500), for deposit ~nto an escrow account in accordance with the above referenced agreement. NOW, TREREFORE, the City Councll of the City of Santa Monlca does hereby resolve as follows: SEcT10N 1. The City Council hereby authorizes the C~ty $n~ger.ito enter into an ~greement with the Southern California Edison Company for~~ee~aE.ia,-deposlt of Fifty Two Thousand Nlne Hundred and Four Dollars and Twenty Pi ve Cents ($52,904.25) intCl-:'~ ,escrow ~account. ,_', so that the relocation of the Facillties is facl1itated, effected and not unreasonably delayed. SECTION. 2. The City Clerk shall certify to the adoptlon of this resolution, and thenceforth and thereafter the same shall be in full force and effect. NOW, THEREFORE, the ParkIng Authority of the City of Santa Monlca does hereby resolve as:follows: SECTION 1. The Parking Authority hereby authorizes the transfer of Parking Authority funds in the sum of Flfty Two Tho~sahd Nine Hundred and Four Dollars and Twenty Five Cents ($52,904.25) to the City of Santa MonIca pursuant and subject to the terms and conditIons of the hereinbefore mentioned-agreement. SECTION 2. The 'Exec, "Secretary- of the -Parking Authori ty snaIl certify to ~he_a~opt1Qn~Qf this~~eeolhtiort,~andthenceforth and therea~ter the same shall be-In ~uIl force and effect. -3- ...... .... " . - ADOPTED and APPROVED thls 25th day of Apnl 1978. ~v~V~1 ~-,j MAYOR. . 'fL ~n Jt1UJ CHAIRMAN OF THE PARKING AUTHORITY ATTEST: ~~ CIT_C R~ __,,-- , -- ) /; ,1,1 - '::tt~"'J . ;' '/ /'[. }_)t)/Yf'/-;7 EXEC. S . TARY OF THE PARKING AUTHORITY I hereby certlfy that the forego~ng resalutlon was duly adopted by the c~ty Cauncll of the City of Santa Manlca at a regular meet~ng thereof, held on the 25th day of Aprp 1978, by the following vote of the Councll: AYES: Councilmember: Bambrlck, Cohen, Scott, Trives, van den Steenhoven Mayor Swink Councllmember: Reed NOES: ABSENT: Councllmember l\one ~ _, .. or" . e I hereby cert~fy that the forego~ng resolution was duly adopted by the Parklng Authorlty of the C~ty of Santa Mon~ca at a speclal meeting thereof, held on the 25th day of April 1978, by the following vote of the Parklng Authority: AYES: Parking Authority Member: Bambnck, Cohen, Scott, Trlves, van den Steenhoven, Mayor Swink Parking Authority Member: Reed NOES: ABSENT: Parking Author~ty Member: Xone . ~0,~J~zU~. ---...-/ . E.XEc:utn'E SECRETARY OF THE PARKING AUTHORITY APPR:;~ T7~ ~TTO'l"FV ' ,. . ------- -5-