R-5007
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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
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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.,
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$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.
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ADOPTED and APPROVED thls 25th day of
Apnl
1978.
~v~V~1 ~-,j
MAYOR. .
'fL ~n Jt1UJ
CHAIRMAN OF THE PARKING AUTHORITY
ATTEST:
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CIT_C R~ __,,-- ,
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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
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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~
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