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Ordinance No. 519
6a 5 Z m� o o -� E J N UP'ZW <V) (0) hi 0 IZ ZZ< a 000 W , x W W r4 V,f' W , Q W IL NQ °mQ q o >>. z Q� F N o 2 F °i` W Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE O. AN ORDINANCE OF THE CITY OF VERNON APPROVING AN AGREEMENT ]3E- TIV N THE CITY OF LOS ANGELES AND THE CITY OF VERNON FOR THE DISPOSAL OF SEWAGE ORIGINATING WITHIN THE CITY OF VERNON, AND AUTHORIZING AND INSTRUCTING THE MAYOR AND CITY CLERK TO EXECUTE SAME FOR AND ON BEHALF OF THE CITY OF VERNON, AND AUTHORIZING THE CITY TREASURER TO PAY TO THE CITY OF LOS ANGELES ALL MONIES DUE THE CITY OF LOS ANGELES UPON THE EXECUTION OF THE AGREEMENT. THE CITY COUNCIL OF THE CITY OF VERNON, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1s That the attaabed agreement between the City of Los Angeles, California, and the City of Vernon, Calif- ornia, consisting of twenty -nine (29) pages, be, and the same is hereby approved and made a part of this Ordinance. Section 2: The City Treasurer of the City of Vernon is hereby authorized and instructed to pay to the City of Los Angeles, through its City Attorney, all monies that will become immediately due and payable upon the signing of a true copy of the Agreement, hereto attached, by the proper officials of the City of Los Angeles, and by the Mayor and City Clerk of the City of Vernon. Section 3: The Mayor of the City of Vernon and the City Clerk of the City of Vernon are hereby authorized and instructed to execute two (2) copies of said Agreement for the disposal of sewage originating in the City of Vernon, for and in behalf of the City of Vernon. Section 4: The City Clerk of the City of Vernon shall certify to the passage and adoption of this Ordinance by a vote of two- thirds of all the members of the City Council of the City of Vernon. There being no newspaper printed, published or laced within the City of Vernon, this Ordinance shall be d in three of the moat public places in the City, to-wit: the Northeast corner of 38th Street and Santa Fe Avenue; the -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 '``i"0_ e °? ( 11 z t. 30 w z m= 31 32 ti { corner of 37th Street and Santa Fe Avenue; and on the bulletin rd in the lobby of the City Hall of the City of Vernon, located at 4306 Santa Fe Avenue, in said City, and this Ordinance shall be in full force and effect on and after the date of such posting, as this Ordinance is necessary for the immediate preservation of public peace and health, for the reason that the City of Los Angeles has filed two actions against the City of Vernon, and both actions are now suet down for trial, and the determination of said actions may seriously affect the disposition of sewage originating in the City of Vernon, and that a compromise between the two Cities has been effected, but said compromise depends upon the execution of the attached agreement without delay. The foregoing Ordinance is hereby approved this 8th day of August, 1938. ATTESTS STATE OF CALIFORNIA County of Loa Angeles I, T. J. FURLONG, Ci SS Mayor o fie City of Vernon k of the C of Vernon do certify that the foregoing Ordinance was introduced at a regular meeting of the Cit of Vernon, held on the 2nd day of August finally adopted at an adjourned regular m Council held on the 8th day of August, 193 votes: AYES: NOES: ARSE T: City" C duly and regularly Council of the City 38, and thereafter ing of said City the following k of the City of Vernon SUPPORTING DOCUMENTS ELS:TPH -2 -D -8 7 -27 -38 AGRRRMENT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON FOR DISPOSAL OF SEWAGE ORIGINATING IN CITY OF VERNON THIS AGREEMENT, made and entered into this day of 1938, by and between the CITY OF VERNON, a Municipal Corporation, of the State of California, herein- after designated as "Vernon," and the CITY OF LOS ANGELES, a Municipal Corporation, of the State of California, hereinafter designated as "Los Angeles;" W I T N E S S E T H: RECD WHEREAS, Vernon and Los Angeles have heretofore entered into three certain written agreements dated respectively, March 18, 1909, hereinafter sometimes referred to as the "1909 agree. ment," June 8, 1925, hereinafter sometimes referred to as the "1925 agreement," and June 29, 1931, hereinafter sometimes re.. ferred to as the "1931 agreement," by the terms of which last - mentioned agreement the agreement of June 8, 1925 was rescinded and the agreement of March 18, 1909 was modified in certain respects; and WHEREAS, under the terms and provisions of the 1909 agree- ment before the same was modified: - (a) The two contracting parties, i.e., Vernon and Los Angeles, constructed public sewers in and through the City of Vernon for their joint use and benefit, and at their joint cost and expense, in and along those certain public streets in the City of Vernon more particularly described as follows, to wit: A Main Sewer in and along Vernon Avenue from the West City boundary of Vernon to Santa Fe Avenue; in and along Santa Fe Avenue between the south and north offset of Vernon Avenue; in and along Vernon Avenue between Santa Fe Avenue and Soto Street (formerly McLean Road);in and along Soto Street between Vernon Avenue and the North City Boundary of Vernon. Also a Lateral Sewer in and along Santa Fe Avenue from the North City Boundary of Vernon to the junction of said Lateral Sewer with the aforesaid Main Sewer at Vernon Avenue. (b) Vernon constructed an Outfall Sewer, located in Los Angeles, and extending westerly from Alameda Street in and along a right -of -way to Alba Street; thence in and along 57th Street to Compton Avenue, thence in and along Compton Avenue to the junction of said above - mentioned Outfall Sewer with the Los Angeles Outfall Sewer in Slauson Avenue. (c) That Los Angeles and Vernon covenanted and agreed on March 18, 1909, that the sewers mentioned in (a), supra, should carry from Vernon all such sewage thereof, except- ing drainage or storm water, as might be conducted thereto and discharged therein from the area described in said last - mentioned agreement, by gravity,and that as to such portion of said territory as could not be drained by gravity into said sewers described in (a), supra, all such sewage should be discharged into the South Los Angeles Main Sewer by the sewer to be constructed by Vernon, and described in (b), supra. (d) That under the terms and provisions of the 1931 agreement the 1909 agreement was modified, particularly in that the area to be drained by said sewers described in (a) and (b), supra, was modified; Vernon's right to dispose of all sewage originating in the territory described in the 1909 agreement, and as modified on June 29, 1931, as noted in (0), supra, was limited to and defined as a total of 11.7 cu. ft. per sec. average continuous flow; Vernon was granted additional sewage flowage rights at a unit price of Twenty -eight Thousand Nine Hundred Fifteen and 66/100 Dollars ('28,915.66) per cu. ft. per sec. average continuous flow of 8.8 cu. ft. per sec. which Los Angeles agreed to accept from Vernon, and Vernon agreed to pay, in the amounts and in the places specified in said 1931 agreement. (e) Vernon has paid to Los Angeles as a part of the purchase price of additional sewage rights as noted in (d), above, the sum of Twenty -five Thousand Dollars ($25,000.00), which was eredited to Vernon by said 1931 agreement. (f) Under the 1931 agreement Vernon agreed to pay to Los Angeles its proportionate share of the cost of opera- tion, maintenance, re- construction and /or replacement of the Los Angeles Outfall Sewers and Treatment Plants upon the basis, and in the ratio or proportion that the sewage contributed by Vernon in excess of 11.7 cu. ft. per sec. average continuous flow bore to the total sewage disposed of by Los Angeles through its Outfall Sewers and Treatment Plants as described in the 1931 agreement. Vernon also agreed to pay to Los Angeles a sum equal to five per cent (5 %) of the annual cost of operation, maintenance and repair of the joint sewers described in (a), supra. (g) It was recognized in the 1931 agreement that the joint sewers described in (a), supra, had become inadequate 3 and lacked capacity to carry all sewage originating in the territories drained by them, and that it was necessary to jointly construct a relief sewer. Said agreement of 1931 therefore provided that Los Angeles and Vernon should jointly construct a relief sewer to be located in 37th Street and Alameda Street respectively, in the City of Vernon, extending between Soto Street and the West City Boundary of Vernon, and in 41st Place (formerly 39th Street) and a right -of -way in the City of Los Angeles, between Alameda and Trinity Street. This relief sewer has now been constructed by the joint endeavor of Los Angeles and Vernon, with the aid of financing by the Works Progress Administration, and without cost to Los Angeles or Vernon except as to the supervision and engineering costs, which latter are assumed proportionately by Vernon and Los Angeles, as hereinafter more particularly mentioned. While being practically complete as to construction, said relief sewer is not yet connected to the existing sewer in Soto Street, and now lacks the construction of a short section crossing Santa Fe Avenue. (h) Except as noted in (e), supra, Vernon has made no further payment on account of the proposed purchase of additional sewage flowage rights in the Los Angeles Outfall Sewer System, nor on account of any other obligations under the 1931 agreement including those relating to the construc- tion of certain gauging stations. (1) A controversy has arisen between Vernon and Los Angeles concerning the interpretation and meaning of the agreements of 1909, 1925 and 1931, and particularly con- cerning the rights of the parties as provided by said last - mentioned agreement. Said controversy has reached the point where Los Angeles filed two actions in the Superior Court of the State of California, in and for the County of Los Angeles, being numbered 414966 and 414967 respec- tively, which said actions have been consolidated for trial. (j) Because of said controversy Vernon has not made a settlement with Los Angeles for its proportionate share of the supervision costs incurred by reason of the con- struction of the relief sewer described in (g), supra, nor have the parties heretofore arranged for restoration of street surfacing in 37th Street in Vernon, inadequately replaced during construction of said relief sewer by the Works Progress Administration. The parties hereto, now being desirous of defi- nitely and finally settling all controversies existing in relation to said agreements of 1909, 1925, and 1931, and being desirous of amending, supplementing, and modifying said last- mentioned agreements to such extent as may be necessary to clarify all uncertainties including the can- cellation and termination of certain provisions therein contained and hereinafter more particularly mentioned in this agreement, and being desirous of entering into an agreement providing for an equitable settlement of all matters at issue and for the future operation and mainten- ance of the sewage disposal facilities hereinabove and hereinafter mentioned, Vernon by these presents does hereby acknowledge an existing indebtedness to the City of Los Angeles, as hereinafter more particularly set forth, and undertakes and agrees to pay the same as hereinafter specified, and acknowledges that it has in the past and will in the future benefit greatly by the right to use and continue to use the Outfall Sewers, Sewage Treatment Plant and Disposal System of Los Angeles in connection with the disposal of its sewage. Los Angeles on its part hereby acknowledges receipt from Vernon of the sum of Twenty -five Thousand Dollars 025,000.00), together with interest thereon from June 29, 1931, at the rate of 4.75% aggregating Thirty -two Thousand One Hundred Twenty -five Dollars 432,125.00), up to and including June 30, 1938 on account of the purchase of the additional sewage flowage rights as hereinafter spe- cifically mentioned and its responsibility for the restora- tion of the surfacing in 37th Street as hereinafter provided. Los Angeles further acknowledges the benefit which it has received in the past and will continue to receive in the future from the use of the jointly constructed sewers in the public streets of the City of Vernon, for the purpose of conducting sewage from portions of Los Angeles through Vernon to a connection in the existing Los Angeles Outfall Sewers, and agrees with Vernon that Vernon's existing right to flowage of sewage into the Los Angeles Outfall Sewer System shall be as hereinafter defined. NOW, THEREFORE, in consideration of the premises, of the mutual benefits and advantages to be derived by the parties hereto, and in further consideration of the promises and undertakings herein contained, and upon condition of the prompt payment of certain sums of money by Vernon, as hereinafter more particularly referred to, IT IS UNDERSTOOD AND AGREED, by and between the parties hereto, as follows: I. DEFINITIONS (1) "VERNON" shall mean the City of Vernon, a municipal corporation, its officers, agents and employees, and /or the area embraced within its corporate boundaries. (2) "LOS ANGELES" shall mean the City of Los Angeles, a municipal corporation, its officers, agents and employees, and /or the area embraced within its corporate boundaries, (3) The term "JOINT SEWERS" shall mean those jointly used sewers lying within Vernon and heretofore des - cribed in (a) of the Recitals. (4) The term "RELIEF SEWER" shall mean that portion of the relief sewer lying within Vernon, which sewer has heretofore been described in (g) of the RECITALS. (5) The term "LOS ANGELES OUTFALL SEWERS" shall mean any and all sewers of Los Angeles which are used and useful in conducting sewage, originating within Vernon, from point or points of acceptance of same by Los Angeles, to final disposal into the Pacific Ocean. (6) The term "VERNON OUTFALL SEWER" shall mean that certain Vernon Sewer lying within Los Angeles heretofore des- cribed in (b) of the RECITALS. (7) The term "TREATMENT PLANT" shall mean and include all plants, equipment and apparatus of Los Angeles located at the Ocean - disposal site, or sites, which are used and useful in the treatment and final disposal of sewage originating within Vernon. The term "SEWAGE DISPOSAL COST" shall mean and include the amounts actually expended annually by Los Angeles for operation, maintenance, repair, replacement, con- (8) struction and re- construction of the Los Angeles Outfall Sewers and Treatment Plant, as defined herein. (9) The term "CUBIC FEET PER SECOND ", or "CU. FT. PER. SEC." in every instance shall mean a variable flow which is equivalent in total to an average flow of the specified amount during a period of one calendar month and shall be determined as follows; The average monthly flow will be the average of the average daily flows for that calendar month expressed in terms of cubic feet per second. The yearly flow will be the average of the monthly flows for twelve (12) months beginning with July 1 of any one year to and including the next succeeding June 30th; provided, however, that average flows during any twelve -hour period shall not be greater than one hundred fifty per cent (150 %) of the permitted cubic feet per second. (10) The term "SEWAGE DISPOSAL CHARGE" shall mean Vernon's proportionate share of the annual Sewage Disposal Cost, said proportionate share to be determined by the ratio that the yearly flow in excess of 11.7 cu. ft. per sec. from Vernon, bears to the yearly total flow of sewage through the Los Angeles Outfall Sewers and Treatment Plant, respectively, to which shall be added Vernon's share of annual maintenance, operation, and repair of the joint sewers as herein defined, all as provided by said agreement of 1909. (11) For descriptive convenience certain locations are here- in designated as follows: "Point R" is the place of entry of the Main Sewer described in (a) of the Recitals, in Soto Street at the North Boundary of Vernon. "Point M" is the place of entry into Vernon of the Lateral Sewer described in (a) of the Recitals, in Santa Fe Avenue at the North Boundary of Vernon. "Point B" is the place of exit from Vernon of the Relief Sewer described in (g) of the Recitals, in Alameda Street at 41st Place (formerly 39th Street) and the west boundary of Vernon. "Point H" is the place of exit from Vernon of the Main Sewer described in (a) of the Recitals, in Alameda Street at Vernon Avenue and the west boundary of Vernon. "Point N" is the place of exit from Vernon of Vernon Outfall Sewer described in (b) of the Recitals, in Alameda Street at Center Avenue and the west boundary of Vernon. II. VERNON'S FLOWAGE RIGHTS IN THE LOS ANGELES OUTFALL SEWERS (a) The existing right of Vernon to dispose of 11.7 cu. ft. per sec. of sewage in the Los Angeles Outfall Sewers is hereby confirmed and acknowledged by the parties hereto. (b) IT IS FURTHER UNDERSTOOD AND AGREED that Los Angeles hereby agrees to sell and Vernon hereby agrees to purchase the right of disposal into the Los Angeles Outfall Sewers of 4.3 cu. ft. per sec. of sewage as of June 29, 1931, for which right Vernon agrees to pay the sum of One Hundred Twelve Thousand Eight Hundred Eighty -five and 45/100 Dollars (4;112,885.45), together with certain annual payments as hereinafter more particularly described; said 4.3 cu. ft. per sec. being in addition to 11,7 cu, ft, per sec. previously mentioned in (10), supra, and being in lieu of 8.8 cu, ft, per sec. average continuous flow mentioned in said agreement (c) mentioned per sec., provided, of 1931 and therein agreed to be purchased by Vernon. Los Angeles undertakes and agrees to accept the above - sewage from Vernon in the total amount of 16 cu. ft, and to dispose of the same through its sewerage system; however, that notwithstanding any other provision in this agreement Los Angeles shall not shall Vernon be permitted to dispose greater than 6.0 cu. ft, per sec. at greater than 6.0 cu. ft. per see, at be obligated to accept, nor of the same in amounts Point N; nor in amounts Point H; nor in amounts greater than 14.5 cu. ft. per sec. total flow at Points H and B. III. VERNON'S TEMPORARY RIGHTS IN THE LOS ANGELES OUTFALL SEWER Subject to Section II (c), supra, it is understood and agreed that for a period of four (4) years from the date of this agree- ment, Vernon may deliver into the Los Angeles Outfall Sewers, sewage in a total amount greater than a monthly flow of 16 cu. ft. per sec,, provided, however, that the total of all such amounts shall not exceed the following stated amounts, for which privilege Vernon agrees to pay to Los Angeles at the rates specified as follows: (1) For any excess over 16.0 cu. ft. per sec., but not to exceed 20 cu. ft, per sec. total so discharged during the first (2) years from and after the date of this agreement, Vernon agrees to pay Los Angeles, at the annual rate of Fourteen Hundred and Forty Dollars (1440.00) per cu. ft, per sec. (2) For any excess over 16 cu. ft. per sec., but not to exceed 18 cu. ft, per sec. total so discharged by Vernon during the third year from and after the date of this agree- ment, Vernon agrees to pay to Los Angeles at the annual rate of Two Thousand Dollars ( ;2000.00) per cu. ft, per sec. 10 - (3) For any excess over 16 cu. ft. per sec., but not to exceed 17 cu. ft. per sec. total sewage so dis- charged during the fourth year from and after the date of this agreement, Vernon agrees to pay to Los Angeles at the rate of Twenty -five Hundred Dollars ($2500.00) per cu, ft, per see. (4) From and after the expiration of the fourth year following the date of this agreement, Vernon shall have no further right to discharge sewage in any amount in excess of 16 cu. ft. per sec. into the Los Angeles Outfall Sewers. IV, ANNUAL PAYMENTS TO BE MADE BY VERNON (1) It is understood and agreed that during the month of June of each year, Los Angeles will furnish to Vernon an estimate of the amount of sewage disposal charge for the forthcoming fiscal year; said estimate shall be consistent with previous costs, and Vernon, on or before the first day of January follow- ing said estimate, agrees to pay to Los Angeles, on account, the amount of such estimate; provided, however, that Los Angeles shall render its final detailed statement of the true and correct amount of such sewage disposal charge within three (3) months after the close of the current fiscal year for which said above - mentioned estimate was made, whereupon final adjustment of debits or credits for that year shall be immediately made by the parties hereto; in other words, if the amount of the previous estimate is less than the true amount as contained in the final detailed statement Vernon shall forthwith pay such difference, and if, on the other hand, the amount contained in such estimate is in excess of the true amount as disclosed by the final detailed statement, then, and in that event, Los Angeles shall remit any such excess to Vernon. In the preparation of such estimate, and later, of the final detailed statement of annual sewage disposal charge, it is understood and agreed that the total of 11.7 cu. ft. per sec. shall be excluded from any such computation of sewage disposal charge, and for the purposes of such estimate and final detailed statement, Vernon shall be allowed to distribute said 11.7 cu. ft. per sec. as follows; 3.5 cu. ft. per sec. thereof at Point N, 3.5 cu. ft. per sec. thereof at Point H, and 4.7 cu. ft. per sec. thereof at Point B; provided, however, that the parties by mutual agreement shall have the right and privilege at the beginning of each fiscal year, to change or modify such distribution as to said 11.7 cu. ft. per sec. as they may see fit, provided always that such change or modifica- tion shall not result in permitting Vernon to discharge more sewage at any point of acceptance than is herein elsewhere per- mitted by this agreement, and particularly as outlined in Para- graph II, supra. The final statement of sewage disposal charge, as prepared and rendered by Los Angeles, shall be subject to review, audit, and analysis by Vernon, to ascertain and verify the correctness of such charges; and, for the purpose of facil- itating such review, audit, and analysis, Los Angeles agrees to make available to Vernon all records, data and working sheets upon which its statement of sewage disposal charge is predicated, and, to this end, Los Angeles undertakes and agrees to keep and preserve all records used and obtained by Los Angeles, in and for the purpose of measuring and determining sewage flows and capacities, and Treatment and Disposal Plant data, for a period of not less than three (3) years after the same are obtained or - 12 - compiled by Los Angeles. In case of disagreement respecting the amount of any annual sewage disposal charge rendered by Los Angeles, the question or questions at issue shall be submitted for determina- tion to a board of arbitrators, the majority of whom shall render their decision in the matter in writing; such decision shall be final, conclusive and binding upon the parties hereto, and shall be rendered within thirty (30) days after the decision of the question or questions at issue is submitted to them. Such board of arbitrators shall consist of three (3) members, one to be chosen by Los Angeles, one by Vernon, and the third member by the two so chosen; the necessary cost and expense, including reasonable compensation to the board of arbitrators, shall be borne equally by the parties hereto. (2) For the additional sewage flowage rights to be pur- chased by Vernon, as provided in Section II hereof, Vernon agrees to pay annually on or before January 1, beginning with the fiscal year 1938 -39, the respective sums hereinafter speci- fied, said sums being Vernon's proportionate share of the interest and amortization cost upon bonds issued by Los Angeles for Capital Construction Costs of the jointly used facilities; provided, however, that in lieu of such annual payments, Vernon may at any time, and at its option, pay the then current worth of unpaid future annual payments, discounted at the rate of 3% per annum compounded annually. FISCAL YEAR TABULATION OF ANNUAL PAYMENTS ASSUMED BY VERNON ON ACCOUNT OF PURCHASE OF ADDITIONAL FLOWAGE RIGHTS YEARLY INSTALLMENT PAYMENT ON 4.3 c.f,s, 1938 -39 $ 7,061.33 1939-10 6,911.09 1940 -41 6,760.85 1941 -42 6,610.61 - 13 - cont +d. YEARLY INSTALT,tNT FISCAL YEAR PAYMENT ON 4.3 e.f.s. 1942 -43 $ 6,460.36 1943 -44 6,310.12 1944 -45 6,159.88 1945 -46 6,009.64 1946 -47 - 5,859.40 1947 -48 5,709.15 1948 -49 5,558.91 1949 -50 5,408.67 1950 -51 5,258.43 1951 -52 5,108.19 1952 -53 4,957.94 1953 -54 4,807.70 1954 -55 4,657.46 1955 -56 4,507.22 1956 -57 4,356.98 1957 -58 4,206.73 1958 -59 4,056.49 1959 -60 3,906.25 1960 -61 3,756.01 1961 -62 3,605.77 1962 -63 3,455.52 1963 -64 2,789.84 1964 -65 1,106.09 $135,356.60 V. BACK PAYMENTS TO BE MADE BY VERNON (a) In addition to any and all sums in this agreement elsewhere declared to be payable by Vernon, Vernon acknowledges - 14 - that there is owing to Los Angeles, on account of interest on unpaid debits, sewage disposal costs, rental charges for excess sewage flow and /or any other unmentioned items, as of July 1, 1938, the sum of Forty -two Thousand Three Hundred Twenty -three and 89/100 Dollars (42,323.89), and Vernon undertakes and agrees to pay, and Los Angeles on its behalf undertakes and agrees to accept, said sum as payment in full as of said date, for all such charges or claims of any and all nature whatsoever arising from the joint use of sewer facilities; provided, however, that Vernon shall receive credit against said debit of Forty -two Thousand Three Hundred Twenty -three and 89/100 Dollars (42,323.89), the amount of Thirty -two Thousand One Hundred Twenty -five Dollars (32,125.00), the latter sum being the Twenty -five Thousand Dollars ($25,000.00) heretofore paid by Vernon, and referred to in (e) of the Recitals, together with interest to July 1, 1938; and, provided further, that the sum of Six Thousand Three Hundred Fifty -eight and 77/100 Dollars (6,358.77) for sewage disposal cost, and the sum of Two Thousand Eight Hundred Seventy -eight and 34/100 Dollars ($2,878.34) for rental on excess flow, respec- tively, for the fiscal year 1937 -38, are only estimated charges which are included in the above- mentioned total sum of Forty -two Thousand Three Hundred Twenty -three and 89/100 Dollars ($42,323.89); which said last - mentioned estimated amounts shall be subject to adjustment of credits or debits when the true costs thereof shall have been determined. (b) In addition to any and all sums in this agreement else- where declared to be proper charges, Vernon likewise agrees to pay to the City of Los Angeles upon the signing of this agreement, the further sum of Six Thousand Three Hundred Fifty -eight and 77/100 Dollars (6,358.77) for sewage disposal cost, and the - 15 - further sum of Two Thousand Eight Hundred Seventy -eight and 34/100 Dollars ($2,878.34) for rental on excess flow, respec- tively, for the fiscal year 1938 -39. It is agreed that such sums are estimated charges, and are subject to adjustment of credits or debits when the true cost thereof shall have been determined. VI. CONSTRUCTION, OPERATION AND MAINTENANCE OF JOINT GAUGING STATIONS (1) Los Angeles hereby agrees to design, construct, operate and maintain, and to have the same designed, constructed, and in operation on or before April 1, 1939, five (5) gauging sta- tions for the measurement of sewage flow originating within Vernon, such stations to be constructed at Points M, R, B, H and N respectively. These stations shall be built in accordance with plans and specifications approved by the respective City Engineers of the parties hereto. Vernon hereby agrees to cooperate with Los Angeles in any and all steps necessary to control or limit flows at the points at which said gauging stations are to be erected in order to permit installation and operation of the same, and to that end agrees to issue all permits necessary for the construction of the same without cost to Los Angeles, and to permit said con- struction to proceed to completion without let or hindrance on the part of Vernon. (2) Each of the parties hereto undertakes and agrees to pay one -half (1/2) of the construction cost of said gauging stations, including the amount heretofore expended by Los Angeles thereon, the total cost of which is estimated to be Thirty Thousand Dollars ($30,000.00), and Vernon undertakes and agrees to immediately advance and pay to Los Angeles on this account the sum of Fifteen Thousand Dollars (45,000.00), which latter amount, however, shall be subject to final determination when - 16 - the actual cost of the construction of said gauging stations has been ascertained, whereupon proper settlement and adjust- ment of the debits or credits shall be made forthwith. It is also understood and agreed that Vernon shall receive its full proportionate share or benefit on account of any outside aid or contribution received toward the construction of said gaug- ing stations, with the understanding that Vernon is obligated to pay only one -half (1/2) of the actual cost to Los Angeles. (3) Upon rendering of a proper statement therefor, Vernon undertakes and agrees to pay to Los Angeles annually hereafter, before the first day of January of each succeeding year after said gauging stations are placed in operation, one -half (1/2) of the actual total cost of operation, maintenance, repair and replacement of said gauging stations, such payment to be in addition to any and all others herein provided. (4) To insure the fairness and accuracy of the measure- ments of sewage flow originating in Vernon, the machinery and mechanisms of gauging stations, and the gauging stations them- selves, shall always be kept in first -class order, and the stations, records, manner of operation, working sheets, and any other pertinent data kept or obtained by Los Angeles shall at all times during business hours be open to Vernon. The final deter- mination of average flow shall be subject to review, and analysis of Vernon. (5) A Parschall Flume Recording Device, or other equally satisfactory type of recording device shall be installed and maintained at each of the five (5) gauging stations mentioned in (1) of this Section VI, and the records made at each of such gauging stations shall be used to determine the flow at those particular points. Until any station shall be in operation at the point at which it is to be constructed, the amount of flow - 17 - shall be determined by means of quarterly gaugings, each to continue throughout an entire twenty -four hour period. For the purposes of this agreement the average flow in cu. ft. per sec. throughout such twenty -four hour period at such point shall be deemed to be the average monthly flow in each of the (6) The sew between Alar ed.a l; ; nT northerly s strip of land Street. Los An periodically me and enters the credit for same is responsible. Angeles sewage laterals become Street, in whic cost and expens in Los Angeles. e entering Vernon's Lateral Sewers 5 Street, Street and Santa Fe Ave., from that hart of Los p thereof, shall be restricted t t _hin ., 200 feet in wldth adjoining nin: the northerly ? ne of 25th. tiles hereby agrees, at its C7rn cost and e:'nens , to asure the said sewage which originates in Los Angeles said Vernon Lateral _ewers to give Vernon. proper 4 nd iJ V� .r V � �r:11.1� in the determination of sewage flow for which chVernon 1� . e Vernon hereby reserves the right to e7c ude said Los from its sewer system If and when the aforesaid sewer inadequate to carry all sewage originating n along 27th h event Los Angeles hereby agrees to provide, at is own. e, other means of disposal of the ..deif ,.`7e 7'0.1 1 et,. S I 1 -flt C VII. PRIOR CON'fltAUTZ With reference to prior contracts between the parties hereto, i.e., the agreements of 1909, 1925, and 1931, respectively, it is mutually understood and agreed as follows: (1) The 1909 agreement shall remain in full force and effect, except as in this agreement modified, with respect to the limitation of territory in Vernon to be served with sewage facilities, and except with respect to the limitation of Vernon's sewage flowage rights into the Los Angeles Outfall Sewers. So much of said contract as relates to payments to be made by Vernon on account of joint construction is hereby acknowledged by Los Angeles to be fully satisfied and discharged; and Vernon hereby acknowledges full per- formance under said contract by Los Angeles to date. (2) The agreement of June 8, 1925 is hereby declared null and void and of no further effect. The agreement of August 11, 1925 shall remain in effect. - 18 - (3) The parties hereto intend and declare that this agreement does summarize, compromise, reaffirm and ratify their several and mutual obligations, or portions thereof, remaining undischarged under the 1931 agreement as the same is modified by this agree- ment, and except as to those matters superseded by this agreement the said agreement of 1931 shall remain in full force and effect. Provided, however, that if, on the first day of April, 1939, Vernon shall have fully and completely discharged all of its obligations to make payments to the City of Los Angeles as provided herein, the said 1931 agreement shall thereupon be deemed canceled, whereupon this agreement, and the said agreements of August 11, 1925 and March 18, 1909, together with resolu- tions and ordinances passed and adopted pursuant thereto shall constitute the complete statement of the rights and duties of the parties hereto. VIII. RELIEF SEWER (1) It is understood and agreed by the parties hereto, that the relief sewer built by the Works Progress Administration, at the joint instance and request and by the joint permission of Los Angeles and Vernon, was constructed for the purpose of reliev- ing the overloaded condition of the Main Sewer and Lateral Sewer as described in (a) of the RECITALS, and that the same was con- structed for their joint use and benefit. Vernon agrees to re- imburse Los Angeles for Vernonts proportionate share of the sup- ervision and engineering costs thereof in the agreed amount of Three Thousand Six Hundred Twenty Dollars ($3,620.00). (2) Vernon hereby grants to Los Angeles the right of way for, and the right to construct, operate and maintain said relief - 19 - sewer for the purpose as stated above for the joint use of, and benefit to the parties hereto, and likewise agrees to issue the necessary permits for the completion of the same, which permits will provide for replacement of paving or other improvements disturbed by such construction by Los Angeles; ninety per cent (90%) of the actual replacement cost, or other improvement cost, shall be borne by Los Angeles and ten per cent (10 %) thereof by Vernon. (3) Los Angeles agrees to assume full control of said relief sewer, and to operate and maintain the same for the joint use and benefit of the parties hereto, provided, however: (a) Vernon agrees to pay annually, its propor- tionate share of the total operation and maintenance cost thereof, based upon its actual proportionate use, as defined in Section 1 sub - sections (8) and (10); (b) Vernon shall have the right at all times to make physical connections thereto only at the locations where an opening for such connection exists, or through manhole structures to be constructed by Vernon at desired locations. Such connections shall be made under the supervision of Vernon under permits issued therefor, and shall be made with the same materials, or materials of like grade and quality, and in the manner in which similar connections may currently be made in Los Angeles; (c) Vernon agrees that only such household and indus- trial wastes, liquids, and substances which are allowed to be emptied into the Los Angeles Sewer System shall be permitted to be discharged into said relief sewer; (d) Vernon hereby grants and confirms unto Los - 20 - Angeles all such rights of way necessary or convenient for the construction, operation and maintenance of the relief sewer described in sub (g) of RECITALS. IX. ABANDONMENTS It is mutually understood and agreed that either party hereto, may at any time abandon the use of any or all parts of the sewers referred to in (a) of the RECITALS, or of the relief sewer; provided, however: (a) Such curtailment of use or abandonment shall not abridge or modify the rights of Vernon with respect to the discharge of sewage into the Los Angeles Outfall Sewers. (b) At its option the other party may take over any portion or portions of the sewers within Vernon, the use of which is discontinued or abandoned by a party to this agreement, and the party so taking over shall thereafter, on said abandoned or discontinued portion, use, operate and maintain the same at its own cost and expense. (c) Nothing contained herein shall be construed as giving either party hereto the right to temporarily abandon the joint use of said sewers, but any such abandonment shall be declared in writing, and shall be final unless said abandoned right is reinstated by mutual consent of the parties. X. TRANSFER RIGHTS It is mutually understood and agreed by the parties hereto, that in the event any utility, sewer district, or other agency, should be formed within Vernon, which may become responsible for the disposal of sewage from within Vernon, Vernon may transfer - 21 - and set over unto such agency all, or a portion of Vernon's rights and privileges with respect to the discharge of sewage into the Los Angeles Outfall Sewers; but such assign- ment shall in no wise relieve Vernon from its obligations under this agreement, and shall in no wise relieve Vernon from discharging or performing the terms of this agreement with Los Angeles, except insofar as the same may be discharged or performed by said agency. XI. DISPOSAL OF INDUSTRIAL WASTE WATER Insofar as it may legally do so, Los Angeles hereby grants to Vernon the right to discharge industrial waste water through the storm -drain lateral lying between the West side of Alameda Street North of Slauson Avenue, and the Los Angeles County Hooper Avenue Storm- Drain, at Slauson Avenue, and for the pur- poses thereof grants to Vernon the right to construct, operate and maintain a suitable sized pipe across Alameda Street and connecting with the upper end of the aforesaid lateral, pro- vided: (a) That as a condition precedent to Vernon's right to discharge industrial waste water into said Hooper Avenue Storm -Drain there shall first be obtained by Vernon the consent of the County of Los Angeles, expressed in such form as may be required by law, and a certified copy of the writing expressing such consent shall first be delivered to Los Angeles. (b) harmless Vernon agrees to indemnify and save Los Angeles from any and all damages or claims assessed against Los Angeles, arising out of the discharge of in- dustrial waste water through or into said Hooper Avenue Storm - Drain, including therein the necessary costs and - 22 - expenses incurred or expended by Los ,ngeles in de- fending any action relatirz thereto. (c) Vernon agrees at its own cost and expense to secure such usual eermits as mar be recluired by Los Angeles for excav'ItIn in Alameda Str-et for the construction of the Pipe or serer conlectin to the -000er Avenue Storl -Drain. (d) Vernon fr-ther agrees to pay to the Clovern-,ental agency which frcPrr,:d and ,)aid the cost thereof, the c-m of Five Hundred Eighty-six Dollars ( ), as and for the excess cost of .-tarials occasioned by providin g tLe additional capacity le said lateral to the Hooper Avenue Storm-Drain over and above that required for ordinary stor_-_1 waters. XTI. 7y1.:STOI-LmIO" OP 37th ST=T Los Ahgeles agrees to fti-ediately corl'ence srl dlligently carry to completion the surfacing with seven inch (7") asphaltic concrete pavement of 37th Street between Santa "e Avenue and Ross Street, and likel:i'se at the came time to replace 1,1-0 Sonth curb in 3"th Street between Poss Street and A7sneds Street, s-ch work kleing made necessary to repair the damaLe occosioroi 'y construction of the 37th Street relief sewer. All of said work shall be done in accordance with plans and sPecifications therefor, approved by the (,ity 'ncineer ref Vernon, and shall be Jena unfler hi inspection. Vernon agrees to pay Los Angeles, as Its share of the cost of said work, the sni of Four Thoussnd r)nllars ( 4000."9); provided, however, that Los Angeles shall be responsible 'or all of said work. -P3- XIII. FEDERAL AID It is understood and agreed that Vernon shall always receive the benefit of its proportionate share of any Federal or other aid secured for maintenance, construction, recon- struction, or any other items entering into Sewage Disposal Costs, a part of which is payable by Vernon. XIV. NEW CONSTRUCTION It is understood and agreed that in the event of new construction, causing new or different routing of Vernon's sewage to the Treatment Plant, Vernon shall receive proportion- ate credit for all capital costs paid for facilities continued to be used by Los Angeles, but no longer devoted to the joint use of Los Angeles and Vernon based upon the remaining life of said sewer facilities. XV. SUMMARY OF PAYMENTS BY VERNON It is understood and agreed by the parties hereto, that except as to annual payments hereafter to be paid by Vernon, the summary of amounts in this agreement to be paid by Vernon as of July 1, 1938, and the manner and time of such payments by Vernon to Los Angeles shall be as follows: (a) SUMMARY Interest on deferred payments • . $ 9,797.61 Sewage Disposal Costs to July 1, 1937 • • • 17,000.00 Rental on excess flow to July 1, 1937 . . . 6,289.17 Estimated Sewage Disposal Costs for fiscal year 1937 -38 Estimated rental on excess flow for fiscal year 1937 -38 6,358.77 2,878.34 Item A $42,323.89 ;42,323.89 -24- Carried forward $42,323.89 Less Credit for Vernon, with Sub -Total advance payment by interest to July 1, 1938 Item B Item C Deposit on a/c construction of Gauging Stations Item D Construction of Relief Sewer Sub -Total Item E Item F Contribution for paving 37th Street Item G . Purchase of additional Sewage Rights in Los Angeles Outfall Sewers 32,125.00 10,198.89 15,000.00 3,620.00 $28,818.89 4,000.00 Item H 112,885.45 Total Item I '145,704.34 (b) That Items F and G, above, in the amounts of $28,818.89 and $4000.00, respectively, shall be paid by Vernon contemporaneously with the signing and approval of this agreement by the parties hereto; and upon present- ation of a proper Demand therefor, the respective City Officers concerned, are hereby authorized, directed and required to draw a warrant upon the General Fund, or other proper fund or funds of Vernon, in said amount; and the City Attorney of Los Angeles is hereby authorized and directed to receive the same in behalf of Los Angeles, and to issue to Vernon proper acknowledgment of receipt thereof. (c) That Item H, above, in the amount of 012,885.45, shall be paid by Vernon on or before April 1, 1939, together with interest on said sum, computed at the rate of 4.75% per annum from July 1, 1938 to date of payment; provided, however, that as to any portion of Items F or G, above, re- maining unpaid as of April 1, 1939, such unpaid portion shall draw like interest from July 1, 1938. - 25 - (d) That in addition to Items F and G above, Vernon shall contemporaneously with the signing and approval of this agreement by the parties hereto, and upon presentation of a proper Demand therefor, pay Los Angeles the sums of Six Thousand Three Hundred Fifty - eight and 77/100 Dollars ($6,358.77) and Two Thousand Eight Hundred Seventy -eight and 34/100 Dollars ($2,878.34) respectively, being the estimated charges for Sewage Dis- posal Cost and for rental on excess flow for the year 1938 -39, all as more particularly mentioned in sub (b) of Section V, supra; upon receiving Demand therefor, the respective City Officers concerned are hereby authorized, directed and required to draw a warrant upon the General Fund or other proper fund or funds of Vernon, in said amounts. (e) The City Attorney of Los Angeles is hereby authorized and directed to receive the same on behalf of Los Angeles and to issue to Vernon proper acknowledgment of receipt thereof. XVI. LIMITATIONS OF SEWAGE FLOW Vernon hereby agrees that when the sewage discharged into the Los Angeles Outfall Sewers has reached the permitted amount, it will neither suffer, allow, cause, nor permit the discharge of any additional sewage into said Los Angeles Outfall Sewers, it being hereby stipulated that the discharge of sewage into the Los Angeles Outfall Sewers in excess of the amount permitted by this agreement, and the continuation thereof, would and will work an irreparable injury and wrong upon Los Angeles, for which money would and will not be adequate compensation, and that Los Angeles, upon proof of the existence of such excess sewage flow beyond the permitted amount, shall thereupon be entitled to full - 26 - equitable relief against further continuance of any act of Vernon causing or contributing to any such excess sewage flow. XVII. ENABLING ORDINANCES, RESOLUTIONS, PERMITS, ETC. The parties hereto agree to pass, adopt and enforce any and all orders, ordinances and /or resolutions necessary to carry this agreement into effect, and to make any and all proper entries in the Official Records of each of the respective Cities, parties hereto, necessary to the legality or enforcement of this agreement, and to do any and all things necessary to carry out its purposes. It is understood and agreed that a copy of each and every permit for sewer connections to the Joint or Relief Sewers issued by Vernon from and after the effective date of this agreement, shall be transmitted forthwith to the Office of the City Engineer of the City of Los Angeles, and Los Angeles shall have the right to make inspections of any and all such connec- tions. XVIII. RIGHTS -OF -WAY AND EASEMENTS All ordinances and resolutions granting or conferring to either party to this agreement, easements or rights -of -way now used or to be used for the construction, maintenance, or opera- tion of sewers under this agreement, are declared to be in full force and effect, and are hereby ratified and confirmed by each of the parties hereto. XIX. STIPULATIONS FOR JUDGMENT OR DISMISSAL Immediately upon the execution of this agreement, the respective City Attorneys of Los Angeles and Vernon, are hereby authorized and instructed forthwith to prepare, sign, and file, - 27 - a stipulation, or stipulations, in the actions now pending in the Superior Court of the State of California, in and for the County of Los Angeles, said actions being numbered 414966 and 414967, previously referred to herein; said stipulation or stipulations shall provide in substance as follows: (1) That on April 1, 1939, Los Angeles shall have judgment against Vernon for any portion of Items F and G sub (a), and estimated charges for Sewage Disposal Cost and rental on excess flow for the fiscal year 1938 -39 sub (d), of Section XV, then unpaid, together with interest on any such unpaid portions of Items F and G at the rate of 4.75% per annum from July 1, 1938, and together with interest on any unpaid portion of the items in sub (d) of Section XV, at the rate of 4.75% per annum from January 1,1939; (2) That on April 1, 1939, in the event Vernon shall not have paid Los Angeles the sum of 112,885.45, being Item H sub (a) of Section XV, together with interest thereon at the rate of 4.75% per annum from July 1, 1938, that Los Angeles shall have judgment against Vernon forthwith for any portion or part of the sum of $112,885.45 then unpaid, together with interest thereon at the rate of 4.75% per annum from July 1, 1938; (3) That if on April 1, 1939 Vernon has paid all sums of money mentioned in (1) and (2) of this Section, then and thereupon said actions 414966 and 414967 shall be dismissed forthwith; (4) Upon entry of judgment in favor of Los Angeles pursuant to sub (1) and /or (2), supra, said action 414967 shall be dismissed forthwith; (5) That the parties hereto shall and do by said stip- ulation waive any and all right to appeal from any judgment entered pursuant to the stipulation or stipulations made or to be made under the terms and provisions of this Section XIX. - 28 - IN WITNESS WHEREOF, the City of Los Angeles, a Municipal Corporation, h s caused this instrument to be executed on its behalf by the,P sident of the City Council, and to be attested by its City Clerk, and the City of Vernon, a Municipal Corpora- tion, has caused this instrument to be executed on its behalf by the Mayor, and to be attested by its City Clerk, said agree- ment to be effective as of the day and year first hereinabove written. CITY OF LOS ANGELES By ATTEST: City Clerk CITY OF VERNON By Mayor ATTEST: City Clerk - 29 - SUPPORTING DOCUMENTS AN GrL TPH ago. aaraanaxc,�r gnated as ' Vernon," and the CITY OF LOS atlas, her.tnsrter designated as *Lc TR2 A NT, Jade and entered into this loth day of and betwoo a the CITY OF VERNON, a 'runic pal car- T T grpe' vs prom portio ed t oat oto ,e2 numerous agreements may construct, main f its manic pal sewer system in and hro Vernon; and W r l AS, Los Ansei.es bite so construot.d and, does now main tart and operate a portiort of its eaid system as atorasaid, and Vernon does new and for many years has maintained aonnootions beg- twsen its sewers and those of Los Angeles, and by means thereof sewage originating in botch of said eittss is transported through and out of Vernon or moons of the server gyre em of Los Angsies and disposed of through *imago treatment and disposal works of Lo Angeles] and WHEREAS, ion with the foregoing, non for sows ds disposal facilities has gre onstruotion of said severe and sewage trsatmea t a since posai works due to large growth of population and industry WHIRF 3, the existing fooi],ities are honvily taxed and the s rrf' the two cities rsgnire present clarification and defini ed die- A, hies vs arisen end raaw exist wharein disagreement to the extent of tho sewer sera adg• existing indebts and desires toff�yy �pj irovide is the rtation, y; and it is gr.st .y to the biasfit of Vernon that its to use end to continue to use said fan$ iti•s be oonfirnod and sd; and • ab Vernon ie ntltl•d; and do•s horeby not owls f Los Angeles ynent; dispose bl• to Vernon tment and disposal of aerag• originating ity of Vernon of said city to advantageous to or and sewer treats ysten or faailiti•s a' he C NOV, THX gre.d bet*+e de 0 Vernon. a area embraced advantage •s 1 "V Potion, bed otfioors, ideration, it is ed in this oon- mean. s ess•d: moan the City of employe.; the aorporate boundaries of said City of Vernon, which is hereinafter more particularly desoribed. The tarn "Los Angaes" s all be deemed to mean and City of Los Angeles, a munlo ipa1 corporation, its of tt •s. Motors rude the f oliowa oto Street tho point whore said suer into system gain sew+ d e d to meson and A s1►s located tho nor bey of Vernon and eats a sewer in Vernon Avenue; that Avenue Verno Pe Avenue in point where sal a ales to fated in Ver Av in Vernon from said mew intersects t o aforesaid sewer in Soto t whore said armor intermeotva a sewer in Santa Pe certain sewer of Los Angelus located in Santa Swoon the north boundary +E ' Vernon and the intersscts a sewer in tha portion of Vernon Avenue in Vernon which lass to the west of sold Santa is Avenue; that certain sewer of Los Angeles let oatad in Varnor Avonus in Vernon from the point where said sower Qom/sots ri'th the said sswar in Santa e Avenue and the west boundary of Vernon; that errtatn sewer looat d 59th Street in Los Angolan from the point where said 57th Street rsects the west boundary of Vernon (being also the eaut boundary a Angales) and Caton Avenue; that portt;on or a certain sewer Angeles heated in Campton Avenue bc►twoon 57th Street and Av once; that portion of a certain main thirty six inoh sewer Angeles which ant+ see .rll from the interssotion of Compton Avenue and Slane** Avenue r*ater►l to the ion Soraening and Lis«. posa1 forks, and thence into the ? eaifio Oo (4) The torso "treatment and disposal workit" shall be deemed inc3uda all Plantar aquipssnt and apparatus of Los Angeles id at ar he vioiatt; Hyperion on the Psoitia Queen whirs aid works from and through tho north outfali sewer red and disposed of. S1 parties into end doctors that this agreomont, (a) Does summarise, cospronise, raaftirm and ratify their ra l sand mutual executory as agreements dated Mardh 18 egresement of mo*prdmise axe °barged ions or portions thareot remaining undis 1938* arising under their mutual 1985,, "sae 29, 1931, and th• C it Is of date of Marsh 1 938,, and by the oft L les es of the f Vernon as of the date of March IS, 1938; all of which provide the tss and of the Olt' and bay of doe of V. at' Vernon and its a.ly City the City or varnoal h Street ity of Veri Vernon which is hire: aroa to bo drained bl Soto Street to the west boundary and agreed that the are of the City of o+d the parties to constitute �rors tributary to the Los Angeles sewer system is that area outlined in brown upon the map of the City of Vernon hereto attached, incorporated and =ado a part hereof as Exhibit "8 ", and that the said area is desarib d as follows* Boginning at a point in the ossterly boundary line city of Los Angeles whore it intersects with th.e south bou ino of the City of Vernon; thence northerly nd easterly a ong the boundary line of the City of Los Angeles and oontinuing along said boundary to its inter- section with the oastorly line of the right of way of the San Pedro Branch of the San Pedro, Los Angeles and Salt Lnks Railroad, approximately 300 feet oast of Downey Road. hence southerly along the easterly line of said right of way to its intersection with the easterly prolongation of he northerly lino of the John fit. Taylor's Vernon Avenue 11a Lots, a nap of ssid Lots being recorded in Book e, Page 42, of naps, Records of Los Angeles County; thence westerly along said last mentioned prolongation and the northerly line of said Lots to its intsrseation with the northerly prolongation of the easterly line of Lot 3, said Lots; thence southerly along said last mentioned prolongs Lion, the easterly line of said Lot 3 and the southerly Avenue prolongation thereof to the south line of Vernon/; thence westerly along the south lino of Vernon Avenue to the west erly lino of Soto Street; then** southerly along the west• srly line of Soto Street to a point 200 teat south of the south line of Fruitland Avenue] thence westerly along a .ins parallel to and 200 feet southerly of the south line '4— of Fruitland Aveae to the first inters. westerly boundary lino of the City of Vernon; thence northerly along said boundary and continuing along the boundary or the City of Vernon to the point of beginning* It is undorstood and agrerd by the parties horst° that the City of Vernon will not cause, let or permit any sewage originating in any area other than that abovo discribed to WI conducted to or plowed in the said sower system of the City of Lee Angeles to which this said contract rolates, rt is understood and agreed that the area hereinabovo scribed may be referred to in this agreement an "the dreinage area." TV For the purposes or this contraet, the term "swag* disposal cost" includes the amounts oxpended annually by Los Angeles for opera- tion, maintenance, ropair, replacement, construotion and r000nstruotion of those portions of the Los Angeles seworago system utilised or to bo utilised for disposal of sewage from Vernon. The term "sewage disposal charge" for the purposes of this contract, which shall be annually due and payable ha/rounder by Vernon, is donned to be that portion of the total annual sewage disposal cost to Los Angeles, determined by the ratio that the yearly flow savage from Vernon (in excose of free permitted flow) boar* to the • total yearly flow of sewage in those portions of the Los Angeles sow age system utilized for tho disposal or *swag, from Vernon, The "sewage disposal -„,harge" shell also include one half of the entire expones of operating, maintaining, ropairi.:: and replacing the gauging stations or any of them provided to be constructed and meintained under the terms of this agreement. V The term "free perittecj flow" for the purposes of tract te undorstood to moan a discharge of sewage into the sewerago system of the City of Los Angeles from the drainage area aggrogating ►bi.e fee ee persaitted flow not to 4.7 cubic lent per second shall bo dts rg+ d at point "N" and not more than eubie feet per season shall be discharged at point "H," and ore than caubic feet per second shall be discharged at point " ", such paints being those shy on Exhibit "A" attached hereto and a seta y made a part of this odhtrect. VI term "sewerage► system" eha:li. be d sewer system and tre+tment and disposal Worts of the . City of Loa Angeles as defined in paa agreph I, above. VII reM with the right to discharge 31.7 cubic eaond as free permitted fl it is hereby agreed and declared that on June 30, 1931, Los Angeles sold and Vernon purchased the right to discharge and disposal of an additional 4.3 cubic feet second of sewage into said Los Angeles sewerage system, and that 0 nelude the the agreed rental now due aamounts to the sum of #112 886.46; and hat such sure, together w th int resat le now due, owing and unpaid to the City of Los Angeles, nand t t the interest due and unpaid thereon is in the addition , slam of 7,843.1$2. vIII order to al .r w Vernon t s waters charged into the Los Angeles s OWOrage system, of industrial waste and other to re+ the amount e now disc agrees that until July 1, 1942, Vernon may discharge sewage in excess of 16 cubit feet per second into said sewerage system, not to exceed the follow• ing stated amounts, for which Vernon agrees to pay at the rates spec fled; v o ex discharged to over 16 cubic fee co and second maximum a t any 30, 1940,, Vernon will pay the sum of X1,440 per +eubi,ca foot per second per year. or the year beg , Vernon shall b to and in +huding a maximum at an per secon , for whiab Vernon agre, foot per second per year, u1y 1, 1940, az d sending Bitted to diaaherge up 3me of 18 cubic feet to pay 02,E per cubic c) For the year beginning Jul 30, • ft 42, the C i t or Vernon shall ego p to and inaludi g for such excess at the r per a ror nd per year. ) On and at Juiy 1, 1942, Vernon s pe i.t ed nor will it us or permit the floor Ang•1•er sewerage Brat 16 au b.c feet per sec It is hereby enders acod and expreess1y agreed that the um oublc feet per second di scharga►d In any year shall not exceed the maximum flow permitted for that year as here d, and in the event that such flow in any year exceeds the 17 o:. 1941, end ending •ntiti+e+ . to die- feet per second, @► per cubic foot to x o the Los ed a maximum at any time of -., it is hereby stipulated anad afire t ion of ts'uoh he continua ssive dischsr;e will wor an injury end wrong upon the City of Los Angeles for which dau:agee will not be ad•quste cos. pensation, it smuoh as the said excess wt11 overtax the said sewerage system, causing irreparable da, e i of Los rge1es, upon proof of the ex thereupon be entitled to full equ: to ontinued, and that the City nee of saId excess„ shall elier against the further continuance c wi.tt further proof, It is hereby agreed that from and after the date he Vernon wi..i not discharge into teed sewerage system sewage in excess of the fallowing maximum amounts at any of the points stated herein*► after, and thet the provisions of this contract hersinabove stated, providing tor the sale of excess flow over and above 16 cubic feet per second, shall not modify nor abridge the following limits of flows f such excess flow, A 6 cubic t on Exhibit sb" o per s. point "n" as shown on Exhibit "g" of 10 "B" ot shown at per econd; and that at no time will the maximum disohargs t points "B" and "ii" combined exooed 14.5 cubic feet ing such limits at any such per almond Any amount ex** point or oombivatlon of point* shall be considered excess flaw, and paid for as providsd herein, even though the total limit shall not have been exaoeded. IX Angeles hereby a s and aaanteein gaugasg stations for the measurement and dotez of sewage flow disoharged and passing through the City of Ve "g ", "fie suorh stations to be eraeted at points "B ", as shown vn the sketch attached as Exhibit Said gauging stations shall be built in aces speoifioations approved by the City Eng uncaps ties hereto, and shall be maintained, supervis n, hereto attached. es with plans and the respective par- rod controlled by the City of Los Angeles for the purposb of measuring the amount of sewage flowing through the same, Following the dates on which raid stations are completed and in operation, sash measurement shall be conclusive undor the provisions of this agrswasnt. Provided, however, that Vernon and/or its duly aoaredited representatives shall boo ens titled to *coos* to and inepsetion of all gauging records of said station at any and all reasonable tin *s. For and in cons idsration of aonstruotion of the said sta tion., Vernon hereby agrees to pay to the City of Los Angeles One half of the cost of the same Angeles the sum of a the said avert of oonatruotti,on of the slid gang stations exceeds the as an advaueo on said cost, to pay to Los rthwith. It is further agreod that it sua of 430,000, or is loss than the a d sum oi' ,",0U4, the said City n shall share su©h exe es ► or deficlenoy equate City of Los Angelis, and agrees to pay promptly upon d mond proportion of any such detioienays It is further understood and agresd in this eonneotion that in computing the total *oat of said gauging stations, the City of Los Angeles shall be entitled to credit for all sues expended by it to date in construction of gaug- ing stations now in operation. Vernon also agrees to pay one halt the annual goat of such stations, as hereinbetare provided, as a portion of the annual sewerage disposal charge. To insure the fairness and accuracy cot suoh de e tbat reoords taken by 's Angeles of the Clow in its system and records taken Los Angeles of the Clow at its id treatneaet and disposal works shall. b s open to Vernon at all tiaaes�, and that upon Vernonts request, reaacnable opportunity will be afforded to Vernon's representati ves to be present at the making of arq gaug ngs or the taking of any measurements in said sewers and to test the accuracy of any instruments used in determining the flow therein or through said works. It is further under ood a: 1 be paid and said gauging stations and each of t oney opera► that the figures of the City ► gineer of the City ©t Los Angeles, omputin,g the flow at such points, shall be final and conalusirr0. Vernon ee dra area into then of this agreement has r socond, the City of Ver X d a sax 111 neither isehargod from the stem ceder the terms 14 aubio feet per , allow, cause nor per mit the discharge of any additional sewage into the sewerage system of Los Angeles; a *vs and except such excess as .is expressly permitted herein up to July 1,, 1942. XI age" embraces only t wdo and su bstances permitted household and be discharged into the tom Angeles sowerag,• syst er the rules, regulations and ordinances of Los A e1es, and luding surface drainage, storm waters, and industrta; es in jurious or dotrimon 'te 1 to the sewer age system or atria /env operation or maintenance' thereof. It further understood and agreed that the City of Vernon shall at any Lee upon request or demand of the City of Los Angeles adopt and cony fore to any general regulations governing the quality or character of the sewage to be aduitted to such mower i that may be in fore* within the limits of the City of Los Angeles at the time of suoh request or demand. Vernon agrees to pass ordinances of the City of Vernon embody« a regulations, and neaki tie sere applies lo to to well and truly maintain and enforce the ing the same ru. she City of Vernon, same during the pert od of this contract. All conneotion9 to the sewer age system of Los Angeles shall be made under the supervision of and subject to the approval of the City Engineer of Los Angeles. XII a hsr+sby understood and agreed that Vernon has no right, title nor interest in such a rage cyst .,.G <, other than the right to disebaerg• and dispose of sewage as herein providsd up to and inolud- • maximum limits herein specified. XII1 so far as it may discharging industrial ste water and sow to Vernon do so, hereby grants ge into the Hooper Avenue storm drain upon the following conditions, hereby aecopted and agree d. to by Vernon: (a) That precedent to any diaoher ;e of sewage in said story onsent of the County of Los Angeles expressed in such fors d by law for leg siatiwe sots, shall be procured,. (b) Any and all charges or damages which now or hereafter seed against Los Angeles, or any board, officer or employee of, arising out or any alleged nuiisuae, or damage to persons or qty, caused by or on account of the said discharge of sewage or waese waters SntO ify, relieve, pays disoherge any and all monetary damages assessed against the said Git of Los Angeles on account thereof, together with the necessary moats and expenses of defending or reepondia any action in relation thereto. The City of Los Angeles hereby ,rs;nts to the City of Vernon the right to cross Alameda Street within t City of Los Angeles for the purpose of allowing the City of Vernon to as id drain by Vernon, and Ver toaa w i 11 connect to the Hooper Avenue sewer on the westerly side thereof; pro - vided, however, that the City of Vernon shall conform to the specifies. cations of the City of Los Angeles as prescribed by the City Engineer in removing and replacing pavement and in making excavations necessary to effect such connection, and will reimburse and indemnify the City of Los Angeles against any and ell damages which may be assessed . against it because of any alleged dangerous or detective condition of said works or property or of said Alameda Street occasioned by making said connection. XV es sooner terminated b is understood that this agreement shat; effect to and including the 30th day o it is further agreed that in the event there shall be formed Vernon any utility or drainage district including within it the ea described herein, Los Aa eles hereby agrees in such Vernon say ocmpletely transfer and set over to any such e rights and privileges obtat,nod under this agreement= but sod Vernon shall never by any scca or discharged from performing to the extent that its obligati ransfer or assignment be rms of this agreement, under shall have been performed by such distriet and the of i.oers, employees, agents and servants thereof. to those sums agreed to be paid hereunder in pa ph VII, the City of Vernon agrees to pay an annual charge beginning, with July 1, 1936, to Los Angeles, representing its pro- portion of the interest upon the bonds issued for capital construe- tion of the portions of the sewerage system of Los Angeles now used by Vernon, which said additional sums are specified in Exhibit "A" attached hereto and incorporated herein as if fully set forth in this place. It is further agreed that the City of Vernon, in lieu of such annual installments payable as stated in this paragraph and in Exhibit "A" aforesaid, may s t any tine at its option pay the then till present value of said future payments as computed in said Exhibit "A," and upon such total payment shall be free and clear of any fur• that enamel charges for rental of space in said sewerage system up to and including the maximum discharge of 16 cubic toot per second, as otherwise specified; it being understood that those payments are in addition to those provided for in said paragraph VI, and likewise in addition to payments for sewage disposal cost as provided for in paragraph IV hereof. XVI It $ understood and agreed that in the month of June of each year begs ring with Vie, 1936, Los Angeles will furnish to Vernon an estimate of the sewage disposal cost to be charged to the City of Vernon es its pro rata share during the next ensuing fiscal year; and that Vernon, on or b•tore the let day of July in each year will pay to Los Angeles the amount of said estimate; and that Los Angeles shall render its statement to Vernon on or before the 1st day of October of each year, showing the actual proration of sewage disposal cost for the preceding fiscal year and shall refund to Ver- non any excess over the amount so advaneed. Likewise, if the amount so advanced is less than Vernon*. shags of sewage disposal cost, then Vernon hereby agrees to pay on demand the amount of such deficiency. In cams there shall be any arguuent or disagreement over such amount properly due, such controversy shall be submitted to the determination of three arbiters, to ooneilt of the City Attorneys of the reapeative cities and of an engineer to be selected by them both; and the d lion of such arbiters shall be Final and conclusive upon the parties hereto. Each determination of such board of arbiters shall be re- ducted to writing and signed by a majority of them, one copy to be filed with the City Council of Vernon and the second to be filed with the City Council of the City of Los Angeles. Each city agrees to bear one half of the coat of any such arbitration, and hereby agrees to re©eive, accept, audit and pay proper demands drawn by the board of arbiters and audited as may be required by law. XV I I o connection shall be made or permitted to be ma d+s by on to the Los Angeles sewer system in Vernon eacwept at locations opening for such connection exists; and all lateral main onneeting to the said sewerage system must be connected to manhole structures. All connections shall be in accordance with the Los Angeles rega lations for the doing of such work. The rules and regulations and ordinances of Los Angeles concerning the discharge of sewage into the Los Angeles sewerage rs now or hereafter in effect are incorporated in this agreement, and Vernon agrees to comply with the same and to require all persons, firms or oorporations in the City of Vernon connecting to the sewers or sewerage system of the City of Los Angeles to observe the same and to pass any ordinances, rules or regulations applicable within the C for the purpose. ell needed of Vernon XVIII The entire custody, control„ shwas and oeeration of the sewer system of Los Angeles in the Ci actual work of maintaining, repairing, the same, and the work of issuing per shall be performed by Los Angeles acting through its proper boards, officers and employees, preserving to the City of Vernon the right to or Vernon, together with the (sting and reconstructing oonneotien therewith require any and all needed permits of persons, therein waking oonnoetiens to the sewer system as herein permitted. It is understood and agreed that Vernon shall aperata and maintain its own system of sewers at its own cost and expense. XIX is understood a agreed that Los Angeles may at any ise abandon the sowers + e nstruewted in Vernon,, in, whole or in part, nd upon such abandonment all rights of the parties hereto by virtue his agreement shall cease, gail tinter. In the evont Vernon shall t to take over such sewers or portions of sewers as the City of Los Angeles shall abandon within Vernon, it is underetood that Vernon shall have no right, privilege or permission to empty or emus* the same to be emptied into any sewer under or maintained or oontrollod by Los Angeles, or to discharge any sewage of or from Vernon, or any portion thereof, or of any inhabitants of the said city, into the sewerage system of Los Angeles; and that in the event Vernon shall not elect to take over any sewer or sewers so abandoned, Los Angeles may cause all pipes and other oanneotione between the sewers in Vernon and the sewerage system of Los Angeles still maintained to bs securely closed and sealed, so as to prevent the passage of any sewage from Vernon into any sewer, or may remove any such works. rporations XX The ve any and all. defenses of 'aches and of the statutes of limitatiane in relation to any rights, duties r obligations herein ezpresesd, tated or aoknowledged, whether executed or executory, past or proepsctive. Vernon he ss to the City of Los Angie ' the sewage disposal cost down to and i promises to pay its indebted. sum of 417,000, as its share of eluding July 1, 1938, and further a°kncwledges and promises to pay to the City of Los Angeles the further sun of $1,524.48 by way of interest upon deferred paya.n' of the said sewage disposal charge. XXII Vernon tcknowl•dges its indebttsdn*as to the City of Los Angeles and pronis•s to pay the eu a of *8,289.17, being the cost of exerts* flow over end above 4.3 cubic tees per second heretoter* utilised by Vernon during the tiseal years 1933 and 1937, and also acknowledges and promises to pay the further s um of $429.31., interest on the said sum. The City of Vernon now owes and wil]. pay to the City of ales the sum of $3,620 as its proportionate cost of the con ion by the City of Los Angeles of a relief sower is the City of Vernon between points 8" and "C" are shown on Plan No. -2048, n file in the offioo art the City wineor of the City of Los moles, it being understood and ag being couple ted by a projtot of the d that the said ewer is Fks Prowess Admi:nistrati and that both parties - hereto accept the pe rformance of the said Works Progress Administration in lieu of the perf°manoe called for by paragraph 4 of the contract of June 29, 1981, and there is hereby granted to the City cat Los Angeles full right to proceed to connect the said sewer with the outran sewer of the City of Los Angeles to make the neoessary excavations therefor, completing the same without lot or hindrance on the part of the City of Vernon or any of its off/core agents or employees. Vernon making a the rotors tion,, 37t h S 3'th count of For and in aonsidora ion of the payment to the sum of $4,000 additional to the said sum tat of $7,820, it is agreed that Los Angeles full and comp *to satisfaction of any and s ive d xada in to the ©onstruotion of the said sewer;, and will,_in wide or procure to be paved a strip twenty feet in width on from Ross to Santa Po Avenue, and will re west of RessiVenmo where the same have coil* ps ed e construction of said sewer according to plan+ acceptable to the Works Progress Administration,; Vernon fit' and Los Angeles; it being understood and agreed that the Works Progress Administration tri11 furnish any and all labor, except supervisory serrioss, for performance of said work; and that in the event the said Works Progress Administration does not furnish such labor, or agrees to furnish the same only in part, that the parties hereto will supplement and adjust their rights and liabili iss by * subsequent oontraot as to such oonstruction and recon truotion. Vernon *grass in any event that the said sum of $3,620 is now doe and pay*ble, and agrees to pay the sane. IV n agrees to pay to Los Angeles forthwith the sun of the estimated sewage disposal cost for 1937, to June 30, 1938, and will likewise the sum of *2,878.34 as the estimated rental aid sewerage system for the same period, such ad justaeat at the end of the said fiscal year, 6, the t`isoal yea advance to L,0 of excess eai Sums to be sub as hereinabowe pr o Qt year, beginn i, J'aa proridsd for in part; XXV or before 1938, pay to Los ph XV of this oantraot. is furthet XXVI of Janus. ' in each es the annual champ re agreed by and betwesn Vernon a OS Angeles t at the said sum so due and owing and the said scans ds- terminad to be paid under and by virtu* of this aontraot relate back to and are in ret *rands to the said contract of June 29, 1931, and it is hsreb palsted and agreed by an i 'betwssn the parties hereto that on Juni 29, and/or on June 30, 1931,, the said City of Vernon had available in the said treasury uneneuabersd and available for payment to the City of Los Angeles in disebarge of each and *very obligation hereunder the sun of $362,082.16, and that the said con- tract of June 29, 1931, at that date obligated the said City of Vernon to pay to the City cat Los Angeles the sun of $270,420.00 . XXV I I s understood end agreed that that pertain agreement 1925, and numbered 4990, on file in the office of k of the Cit of Los Angeles, has been fully performed, and it is hereby agreed that the same shall be considered canceled„ and shall have no further foroe nor effect. XXVIII ant of ea**manta and rights of Los Angeles of Vernon, 1 d dated fled and confirmed in by the City of Vernon et ruction of sewers b grant was conditioned, ©see, made by Ordinance 140. of the City sr 9, 1908, is hereby recognised, reti rticulars; and it is hereby acknowledged the requirements thereof concerning con.- it of Los Angeles, upon which said reby acknowledged to have been jointly and severally fulfilled by the City of Los Angeles. 30 much of that certain Crdin*nee No. 20 eat the City of non, hereinbefors referred to, as relates to payments to be made he City of Vernon under the clauses thereof denominated "Seventh," hth" and " :c►th" are hereby acknowledged by the City of Los Angeles to be fully satisfied and discharged. XX IX Los Angeles hereby gives credit to Vernon on the its be paid by said 4ity her•inbefore severally set forth t25 000 **apt of which was horste� the sum of s acknowledged in the contract of June 29, 1931, together with 4.75% Interest, which is hereby de- termined to aggregate the slit of 452,125, down to and including the 30th day of June, 198. XXV" After crediting Vernon as provided in paragraph XxIX, it is hereby determined and Vernon agrees to pay to of 4,145,704.34 for and on account of the various and the privileges herein granted. Vernon agree 32,818.89 of said cam forthwith upon signing Angeles the sum s of expenditure y the suet of contract, and the a tays olty of rs oonoernod are hereby author sad, direoted fired to draw a warrant upon the Censra1 Fund of the City of Vernon in said amount, audit saes, and to pay the same when pre- sentsd, and the City Attorney is herby authorised and direoted to deliver the same to the City of Los Angeles and to receive in the name of Vernon a proper rioeipt therefor. It is hereby agreed that Vernon will provide, pay and discharge the 'balance of 11,886.48 in cash on or before April 1, 1939, together with interest on said sum at the rate of 4.750 on and attar July 1, 19381 provided, howov r, Rhat if the said sum of 432,818.89 or any portion of the same shall remain unpaid as of April 1, 1939„ it shall be added to the sum then due and shall draw like tnterest. It is further *griped that if the said suet of 4 14a,704.34, together with any and all accruing obarges or advances required here- under, and together with any excess cost of oonstruotion of gauging stations, shall on April 1, 1939, raisin due, unpaid and owing to Los Angeles, in whole or in part, the said City of Los Angeles forth- with may take judgment for and in such amount then due and owing, including interest, against Vernon in that certain action now pending in the Superior Court of the County of Los Angeles, State of Cali• farnia, entitled Cam near A eles, Plaintiff, v. City of Vernon, Defendant, being No. 414,966, and that the judgment rendered b said Superior Court shall be for said sum of $146,704.34, or so much thereof as shall not have been paid troi the 15th day of karoh, 1938 to and including the said 1st day of April, 1939, together with all of the accruing iteis as aforesaid; and that the said judgment shall be final and conclusive, and that the parties waive their right of appeal thereon. In respsat to notion entitled C1tp of Los Angeles, Plaintiff, v. City fit Vernon, Letendante, being No. 414,967, it is stipulated and agread that Los Angeles may have ju in such action. ant and err aid action It is stipulated and agreed, howeve of injunction may command and enjo each of them, to imams and desist .19.. nt forthwith that the said the defendants ram disohaarg- ng into the sewer system cat Los Ax he City of Vernon over and above a aond; that the *aid prooeedinge t irreparable loss and damage w event the capacities and allowances granted to Vernon are exceeded. agreed that any such judgment or wr of the court requiring Vernon to di ny sewage originating in total of 1i,7 pubic feet per writ shall recognise Los Angeles in the for discharge of sewage herein is furthermore stipulated and t shall recognise that any order connect its sewers from the sewerage system of Los Angeles forthwith or to desist the discharge of sewage from the drainage area forthwith In excess of said 11.7 cubic feet per second would work a public calamity, hardship and disaster on Vernon and the inhabitants thereof, inasmuch as it is stipulated and agreed that the said sewerage system of Los Angeles is the only practicable and feasible means for the disposition of such sewage as now flows into the sewage system from the drainage area. It is stipulated and agreed, therefore, that any judgment or writ of injunction shall allow the City of Vernon to do equity, and that the said city shall not be forced. to discontinue the discharge of all sewage into the said sewerage system in exoess of 11.7 cubic feet per second, provided that by April 1, l.p*p, it shall have re duced the flow of the sewage from the drainage area into the sewerage system of Los Angeles to said 11,7 cubic feet per second, or shall Show et that time that any exaees over and above the said 11.7 cubic feet persecond is exprosely allowed or permitted by this agreement„ and that it likewise show at said time that it shall have discharged any and ti11 financial terms, conditions and obli ationl of this ogre• went by it due to Lee Angeles. It is understood and agreed that i.t is not the intention paragraph to restrict, define or confine the legal procedure nary to effectuate those objects so long as judgments rendered or orders made conform substantially to the understanding expressed herein. It is ueiderstaod and eed that forthwith the City At- torney of Vernon and of Los Angeles, respectively, are hereby in struated, authorised and directed to proceed in the actions and proceedings aforesaid to wake stipulations es to facts, admissions and agreements before the superior Court of the State of California, in and for the County of Los Angeles, to effectuate the terms and conditions of this agreement in general aaoordanae w going plan. It is understood and agreed that any Ju in said action and prooeeding shall be prepared jointly Attorneys of Vernon and Los Angeles. XXXI 0l" the initial swa or s to Los Angel s, Vernon hereby directs tk its indebtedness in the following order the fores- ts entered the City paid applied upon nd Los A e a ,reel to apply the same accordingly, setting up any and all nec+essary :tends or fund accounts to carry out the terms hereoft (a) Advanced on account of Vernon's share °oat of contraction of five gauging stations ♦. ♦�.•..♦•••••••a.. (b) Por reourbing and repaving 37th Street (c) Estimated sewage disposal charge, fiso year 1937'38 ......• .•.• ...•w (d) =stimated rental for sewage disposal excess of 16 aubia feet per second for fiscal year 1937-'3 ... �►........... lance on account of past sewage dis- pQSe l cost •s.• ...•.s••••...s.•...w••..• Any other remaining indebtedness .......... XXXII The parties hereto agree to pass any and all orderer, ordinances and resolutions necessary to effectuate this agreement, to make any and all proper entries in the official records of eseh of the respective cities, parties hereto, necessary to the legality or enforcement of this agreement, and to clo any and all things necessary to effectuate its purposes. 0.00 000.00 34 certain map denowinated porated herein and are a as to al 1 scatters to whin; IN WITNESS *or poration, hae onus by the President of the and the City of Vernon, a municipal oorporation, has oaused this etrunent to be executed of Trustees, said *gram first hereJnabov written. ule den om sated ibi,b "A" and thst it "8," attached hereto, are insor- to be of controlling force an effect e same relate. bastX of Loa Angei.ee, U to be executed on ite behalf Counoil,, and attested by i.ts City Clerk, AITESTt Its behalf by the President of its Board being etteetive as of the date and year k ATT`ft CITY OF LOS CITY OF 0 TO T aI CNUR dk3L7, THE CITY COUNCIL OF THE CITY Y VERNON, , and TO HONOR L , THE CITY COUN OF THE C 1TY OF LOS NC L 3. oral Co D C on Con 0. n: The cities of Vernon and of Los .ngeles have mutually cont raoted upon three different occasions win 1909, 1925, and on June 29, 1931 - whereby, among other thine, the City of Vernon ac- quired the right to discharge sewage in the Los Angeles nutfall Sewer, and the City of Los Angeles likewise, under the contract of 1909 and the subsequent contracts, retained its right to operate and maintain this sewer throua. the City of Vernon. Recently the City of Los Angeles iz.stituted suit against the City of Vernon to recover money payments due under the contract of 1931, and likewise brought suit to enjoin the use of the Los Angeles Cutfall Sewer by the City of Vernon, in default of compliance with the terms of this contract and the terms of the former contracts remaining to be performed, We do not attempt to state here the nature of the contentions of either party to these agreements, but it suffices to say that there are equities and rights appertaining to both the City of Vernon and the City of Los Angeles. During the past several weeks Budge Cassidy, the City At- torney of Vernon, qtr. young and Mr. Sear,, special counsel for Vernon, and Mr. Bates, City Engineer of Vernon, have met with the repreaenta- tines of the City Attorney of Los Angeles and of the City Engineer's office of that city, for the purpose of resolving the existing difti- eulties in the hope that the present suits might be settled. After weeks of negotiation it has finally been possible for these represen- tatives of both cities to reach a tentative understanding which will allow Dittos and will avo 4 than in the future your Honorable Bodies with a recommendation and that the City Attorneys of each nit; ity to carry out the rsspeotive agreements and p to effectuate his 4. ow$ between these submitted to he same be approved thie necessary author- eedings neoessary The sellout points of this proposed sett 1 nt are as Loa else release the City of Vernon, from will 1 eontraet, by wbi+ h .t was required to purehese apace in the autfaal Sewer of the City o Los Angeles suffi oient for a mazlswr everag* continuous flow of 20.5 aubio feet per second, and that it .bs mutually agreed that the City of Vernon wil instead purchase apses in the said outtall Sewer for a maximum flow of 16 cubic feet per scoon4. 'That the parties will continue to reeagnise that term of the 1931 aonntraa t fixing the Clew to which ths City of right under the oontraets of 1909 nand, and that space for the addi- Vernon is ei Usti as a and 1925 at 11.7 eubie feet tional 4.3 eubis foot per second be purchased ii the Los Angeles 0uttall Sewer as of the year 1951, end that the total porshese prioe for the d space as of S, .45, to to July 1, paid as her 2 . Matt 111 be paid by ths City of V.rnan in the sum of ith interest at 40.284 on the same sum computed the additional amount of 47,845.82, to be aired. City of Vernon ao le indebtedness to City of Los Angsles in the sum of 17,+i 0 as its share of than tenanae her aokno is interest. at 4 -3/4A, a apsrstion of ths ©utfell Sewer to July 1 edges its indebtednese in the sum of $1, 5 on the deterred payment of said maintenan 926 and 48, which computed nob Is to be paid as hereinafter spotlit* ed. The City of Vernon acknowledges its indebtedness to the City of Los Angeles in the sum of $6,289.17, being the cost of flew in eroess of 4.3 oubitt feet per seeond, heretofore utilised by the City of Vernon during the years 1936 and 1937, and also aoknowledges its ndebtednesa in the sum o 4429.31, interest on the said sum at 4 -3/4 %; all of which is to be paid as hereinafter provided. 4. The City of Los Angeles and the City of Vernon, y, recognize their obligation for the erection of five gauging ons in the City of Vernon to measure the flow of sewage through the said Los Angeles Outfei1 Sewer and at the points of discharge of the sewers of the City of Vernon into the City of Vernon agrees to pay to the City of Los Angeles $15,000 as its share of one -half of the cost of the ers+ tion, of said stations, with the understanding that if federal funds are available for such oanatruotian, then each of the parties shall be entitled to an equal credit of any amount of federal funds reducing the estimated post of this oonstruotion, and the City of Los Angeles agrees to construct the said stations acoording to plans and speoificatione which shall be approved by each of the contrasting parties. It is understood that the funds made available for this purpose shall be by way of advance oua11y only, and that each of the parties will share fin any excess cost over and above the sum of $30,004, estimated to be required for the purpose, and that the City of Vernon shall be entitled to a refund of such por- tion of the sumo of 015,000 ae is not actually required for its half of such construction cost. 5. The said parties respecti+rely Agree that the City of on shall pay to the City of Los An geles the sum o 0,620 as here- provided, and that the said City of Los Angeles will receive in full, and complete aatlafaaton of any and all demands in id Outfall Sewers, and the ref erence to the construction of the 39th Street sewer, as provided in the 1.931 contract, and that as additional consideration the said City of Los Angeles will pave or procure to be paved twenty feet of said street from Ross to Santa Fe ivenue, and that the City of Los Angeles will replace the curbs on 37th Street west of Ross Avenue where the same have collapsed on account of the construction of said sewer, according to plans and specifications aeceptable to the Works .i'rogress Administration, the City of Vernon and the City of Lo Angeles. That the City of Vernon shall pay the said sum to the City of Los Angeles as hereinafter provided, and that the said C t of Las .a:lee shall tglf" ediately be given permission to connect the said 37th Street sewer et Soto street and at Santa Fe it.venue. 6. That in order to allow the City of Vernon to take steps to reduce the amount of industrial waste now discharged into the Out- fall Sewer, the said City of Los Angeles will agree that for a period of four years the said City of Vernon may discharge an amount of sew- age into the said Outfall 3ewers in excess of 16 cubic feet per second at he following rates: For any excess over said 16 cubic feet per second to and including the 30th day of :tins, 1940, the City of Vernon will pay the sum of 41,440 per cublo toot per second per year, and in addition, will pay its proportion of the cost of opera- tion, maintenance and replacement of said Outfall Sewer in the proportion that said excess capacity bears to the total sewage disposal of said Outfall Sewer during the year for which s id charge was made; provided that the City of Vernon will neither clause nor permit the discharge of any sewage over and above 20 cubic feet per second into the sewage system of said City of Los Angeles. or the year beginning Ally 1, 1940, and ending June 30, 1941, said City of Vernon shall be permitted to discharge up to and including a total of le cubic feet per second, paying 2,000 per cubic foot per second for the said excess, together with its share of maintenance, etc., co,auted as before. For the year beginning July 1, 1941, and ending June 30, 194, City of Vernon shall be entitled to discharge sewage up to and including 17 cubic feet per second, paying the sum -4. of 42,500 per cubic foot per second on the excess, together with its proportionate share of maintenance, eto., oomputed as before, and that at the end of that period the City of Vernon shall not be permitted nor will it cause or permit the flow into the Los Angeles Outten. Sewer to exceed the oontraot figure of 16 cubic feet per second. 7. That from and after the approval of this, settlement, if approved, the City of Vernon agrees that it shall have no right to discharge into the said Outfall Sewer sewage in excess of the follow- ing maximums: A maximum at point "N" as ahown on the attached diagram of 6 cubic feet per eeoond; a maximum as shown on the attached diagram at point "II of 6 cubic feet er second; a maximum as shown on the attached diagram at point "B" of 10 cubic feet per second, and that at no time will the maxi.um discharge et points "B" and 11.1.1vi combined exceed 14.5 cubic feet per second, 8. That in respect to the gauging stations to be erected, the City of Los Angeles shall operate and maintain the same, provided, however, that it shall be agreed by the City of Los Angeles that the authorized representatives of the City of Vernon may at any and reasonable times have access to inspect and make copies of the gauging records at each or all of the said stations, and may similarly inspect and make conies of the total discharge of sewage at the sewage dispos- al plant of the City of Los Angeles at Hyperion. 9. That the City of Vernon will pay to the City of Los Angeles forthwith the sum of ,:6,358.77 as its share of the estimated cost of maintenance of said Outran sewer for the fiscal year July 1, 1937 1938 /JAW-June 301/1224, and will likewise advance to the City of Los Angeles the sum of $2,878.34 as the estimated rental of extra spaoe in said )utfall Sewer for the same period, such figures to be subjeot to adjustment at the end of the said fiscal year. 10. That the City of Los Angeles, in so far as it may le€ally do so, will grant to the CIty of Vernon the privilege of dieobsrgin industrial waste into the Hooper Avenue storm drain subject to the following conditions which are to be accepted by the City of Vernon: (1) That the consent of the County of Los Angeles be procured; (2) That the CIty ot 7ernon will assume any and all charges or damages asaessed against the City of Los Angeles arising out of any alleged nuisance or damage to persons or by or property caused viratizprmentkinvestda on account of the said chare of sewage or we:eta into the said drain by the City of Vernon. The City of Los Angeles will agree to give the City of Vernon a permit free of charge to cross Alameda Street to make oonnection to the Hooper Avenue sewer on the westerly side thereof, the City of Vernon to conform to the "specifica- tions of the City of Los Angeles in removing and replacing pavement and in makinc the excavations necessary to effect such connection. 11. That the City of Los Angeles shall give credit to the City of Vernon on the items in the account hereinbefore severally mentioned in th:- sum of 25,000, receipt of which was aeknowledged in the 1931 contract, together with 4-3/4, interest down to the 30th day of June 1938, which principal and interest aggregates the sum of 32,15. 12. That the City of Vernon will pay to the City of Los Angeles out of its general fund the sum of 4)25,000 forthwith, and that upon its receipt by the Controller and Treasurer of the City f Los Angeles it shall be allocated as follows: (a) For the purpose of constructing gaugi c st tio required under the said contract, :,15,000; (b) For the purpose of completing the 57th etreet lower and the paving in connection therewith, the num of :,;4,000; (c) For reimbursing engineering charges of the City of Lo s Angeles already advanced in connection with the 39th Street sewer, 0; (d) The balance to be applied as a credi t upon the outstanding maintenance charge. 13. The Ctty of Vernon will the eity of Los engeles 1937 forthwith the sum of e6,358.77 as the estimated maintenance for Waft 1936 andebedel and the additional sty of 42,878.34 as tae estimated rental 1937 1938 of extra space for the year ilea and WU out of the general fund, subject to adjustment if the cost of maintenance or the amount of settee used by the City of Vernon exceeds the said estimat 14. That the City f Vernon will on or before the 1st day 1938 of Tanury in each year beeinnlme january 1, 51*, pay to the City of Los Angeles, in addition to costs of maintenance and operation, the several aums specified in the attached schedule, which vaid schedule represents the amount advanced by the City of Los Angeles in each of the said spcoified years for the payment of bond interest and principal upon the said Los Angeles Outfall eewer in respect to that proportion of space for which the City of Vernon is contracting herewith, but that the City of Vernon may at any time during said schedule elect to pay the present worth of the said remaining future installments of at 4-3/4% interest so required to be paidiend be relieved of the obligation to make further payments during the life of the bonds sold for the pur- pose of construct4ne the said Outran Sewer. 15. That the City of Vernon acknowledges that at the date of execution of the contract dated June 29, 1931, by end between that cityand the City of Los engelee, there were available in the general funds of said city a sum or sums in excess of the total money oblige tion which it assumed under the contract of aaid date. le. as to the balance of the sums payable tamediately by the City' f Vernon under this settlement, it is eereed that the City of Vernon shall have a period of one year from the 1st day of April, 1936, within which to take appropriate proceedings for raising the purchase price of the space in said Outran Sewer by any means it sees fit, and that during said period of one year rio money judgment shalt. be taken by the City of Los Angeles for any sum claimed to be due under the contract of 1931, nor shall any jud ent be taken in the suit for injunction; save and except that the attorneys for the re- spective parties may take appropriate legal steps as they see tit whereby the Superior Court may order that the City of Vernon shall have said one-year period within which to meet the said obligation as herein stated; provided that, if at the end of one year the pay- ments herein provided shall not have been made to the City of Los Angeles, that the sail City of Los Angeles shall be entitled to take a money jude,ent forthwith for any and all sums then remaining due and unpaid as same have herein been declared and stated, and that the rights of the City of Vernon In end to the space in the said Outfall Sewer shall be declared and deemed limited to those set up in this agreement. In the event of the approval of this settlement, and Los Angeles the Cities of Vernon/be authorized and required to enter into a stipula- tion that themsaillitZmgairramei will MX appeal from any order, judg- ment or determination of the Superior Court in relation to carrying out the terms of the said settlement. 17. Upon approval of this agreement the attorneys for the respeotivo parties shall immediately proceed to draft e contract by and between the respective citiee, incorporating therein the arrange- ments herein stated, which said contract will be immediately approved and executed by the said citiee; provided, however, that the same shall not go into effect by its terms save and until the payment of the sums in the manner and at the time herein specified, and pro- vided further, that the execution of said contract shall not stay or affect any rights remedy or proceeding based upon the oontraote of 1909, 1925 and 1931 until the payments are made as herein provided. It will be understood and agreed by the two cities that the said con- tract, when drafted, will supersede in entirety all of the contracts heretofore existing between the parties in relation to the use of the said Outran Sewer. ummary; The settlement herein proposed is based essen- tially upon reducing the obligation of the City of Vernon to purchase space in the Los Angeles Central Outfall Sewer from 8.8 cubic feet por second to 4.3 cubic fe:t per second. The latter figure has been set by the City Engineer of Vernon as the figure to which he believes the sewage flow of the City of Vernon can be reduced, by elimination of unlawful connections and of industrial waste. The figure is be- lieved to be ,,ntirely adequate inasmuch as the territory of the City of Vernon is fixed and the industrial development thereon will not under any foreseeable circumstance produce more waste than at the present rate. Since the City of Vernon was to have paid for 8.8 oubic feet per second in 1931, the purchase of the lesser capacity is to be accomplished as of that date, payin g the City of Los Angeles interest from that date to this to recompense it for interest paid upon the obligations in connection with the Outfall Sewer during this period. The purchase price under the 1931 contract of the sewer spaee waa ceveuted upon the present value of such space, based upon the estimated life of the s:wer, which, in turn, was assumed to be the life of the bonds issued for the purpose of constructing it. In the readjustment contemplet d in this settlement, the City of Vernon is to pay for 4.3 oubic feet per second at the proportion of capital cost represented by the ratio of 4.3 cubic feet per second to 415 cubic feet per second, the estimated capacity of the Outfall Sewer. This oharge, however, does not take into account the proportion of interest in addition to the capital investment which is required to be paid to retire the bonds issued for the construction of the Outfall Sewer. Instead of paying the present value of this increment of the total cost the City of Vernon is to be allowed to pay year by year the amount equitably chargeable to it for such interest (4-5/4%) or, at its option, to pay the present value. In order to avoid disputes in the future and for the protec- tion of both parti es, it is agreed that the gauging station: provided for in the 1931 contract be constructed by the City of Los An les at once and that the City of Vernon advance one -half of the oast, both parties to have equal access to the stations and their records. There is substantial accord between the parties as to past maintenance charges, which are to be liquidated at once. Sines the City of Vernon has used in excess of 4.3 cubic feet per second, now proposed to be purchased as of 1931, it is to pay to the City of Los Angeles its ratable proportion of the cost for the excess in the past two years. Since it will be a matter of from one to four years until all excess waste can be diverted by the City of Vernon from the Outfall Sewer, an arrangement is provided for the sole of extra capacity to the City of Vernon during this period on an increase in rate per cubic foot per second. In addi- tion, the City of Vernon must pay its proportion of maintenance, etc. upon this additional capacity. In order to avoid legal uomplioati ns, the pie is established under the proposed settlement of having the City of Vernon pay to the City of Los Angeles such excess oapacity charges and mainte- nance ahargos in advance on the first day of January of eaoh calendar year for the then current fiscal year subject to adjustment at the end of the calendar year. Thus, under the proposed settlement the City of Vernon will make such advances for the fiscal year beginning July 1, 1938. The City of Vernon is to p k7,6E0 to the City of Los Angeles and the City of Los Angeles is to repave the portions of 37th Street injured by the storm sewer constructed therein, and is width of 20 feet to complete the pavement of the entire / =treat from Toss Street to `9anta Fe, and in addition is to replace curbs damaged by the con- struction work in other portions of the street. Vernon is to have the privilege of discharging its ex() waste into the Hooper Avenue storm drain, subject to the consent of the County of Los Angeles, and subject to the condition that it will sure any liability for damages because of this use of the drain. -10- The money settlement to the ex charged by payment general fund of Ver agrees to apply this obligations of the City of Vernon under this tent of X32,818.89 are to be immediately dis- that sum to the City of Los Angeles from the n. The City of Los .Angeles on its behalf sum, firut, to the construction of the gauging stations, second, to the completion of the 37th Street sewer projec and utilizing the balance for liquidatin p The City of Vernon is to have the existing:; indebtedness. April til xtaxscantny 1, 1939, to the balance of the sum due, approximately X112,885.45, and if it is not paid by that time the City of Los Angeles is to have judgment for that sum. It is anticipated that this period will be long enough to permit the City of Vernon to form a sewer district, including, in its boundaries only those boundaries whose sewage now goes into the Out- fall Sewer, the City of Vernon to dispose of these bonds and to pay to the City of Los Angeles the total balance due. if it is feasible to issue these bonds for an additional amount sufficient to pay the entire present worth of the space in the sewer, the City of Vernon will have the privilege of discharging future obligations for the purchase of space in a lump sum payment at any time from now until the 1st day of July, 1985, at which time the last of the sewer bonds rvili mature. The City of Vernon agrees to continue to pay /its share of the maintenance, operation and repair of the cArtfall Sewer system in excess of 11.7 c c c.f.s. upon the ratio that the total of its sewage /hears to the total se disposed of by said sewer.in said year. The City ttorneys of the respective cities are to be authorized to make any and all stipulations and to take any and all which are necessary in their opinion proceedings in the pending court oases /to carry this agreement into effect, and uponmpproval of this agreement any judgment rendered is to be non- appealable by all parties concerned. Detailed schedules accompany this communication, showing the computations in detail, which are to be considered a part of this annually communication as if herein set forth. If this agreement is approveL it is understood that the City ;ittorney of Los Angeles and the City Attorney of Vernon will itt.ediately prepare all necessary documents minutes, orders, ordinances end stipulations necessary to carry it into effect, and that each of the respective cities will take the necessary official action to give the agreement legal and binding effect. During the consideration of this proposel for settlement by your Honorable Bodies, trial of the pending court cases is being deferred. We ask, however, your prompt consideration of this pro- posal in order that the attorneys for both municipalities may proceed to carry this agreement through, or, in the event that it is dis- approved, to prepare further for trial of the actions. Beeps° fully you Attorney of of Vernon Couns,l for the City of Vernon City 11nineer o City of Vernon LAY L. CRESERPO City ,Atorney of the City of Los Angeles , t an City Attorne By c c tingineer of ty of Los Angeles Wo -12- of thoC1ty of Los eles Account greed o MAURY 0 ettlin Existing Controversies (See Exhibit Numbers Referred to Herein, I"°r De In Repeat To Each Item) Exhibit 1. Space of 11.7 cub ie fee (Based on 1909 and 19 per second. No c 1 contracts) Exhibit 2. Excess space to be provided Vernon: 4.3 cu.f.s. 0 $26,262.43 (present capital ralue) bit 3. Interest on above from 1931 (representing 4-3/4% paid on bonds by City of Los Angeles ge. Exhibit 4. Excess flow used by Vernon over 4.3 c.f,s. 1936 -7 plus 4 -3/4% interest - Principal Interest 1937 -8 Exhibit 5. Amount to be advanced for /tAtE*Ax excess rental (subject to adjustment if above or below) Exhibit 6. Amount to be advanced for estimated maintenance /JAM** (subject to adjustment above or below) 1937-8 37 Exhibit 7. Vernon's share maintenance, etc. to 6 -30 Interest on deterred payment 4-3/4% Exhibit 8. Vernon's share (50 %) cost of construction of 5 gauging stations, subject to adjustment Exhibit 9. Sum in full settlement of Vernon's obligations in re contract of 1925, and of 1931 in re- spect to 37th Street sewer .45 7,843,82 6,289.17 429.31 2,878. 4 6,358.77 17,000.00 1,524,48 15,000.00 7,620.00 Total obligation of Vernon $177,829.34 Exhibit 10. Credits to Vernon: As allowed by 1931 contras Interest 4 -3/4% to 7 -1 -38 Net balance due $85,000.00 7,125.00 Exhibit 11. Cash to be paid forthwith by City of Vernon (Note: Items 6, 7, 8 and 9 are to be ap- plied to special purposes for which pro- vided, balance to be applied on account) Exhibit 12. Balance to be provided by 4 -1 -39 by Vernon (or ju * *ent taken, with interest from 7 -1 -38) 32,125.00 $145, 704.34 32 , 81$.89 �8 • ,704.34 Year 1938 -39 1939 -40 1940 -41 1941 -42 1942 -43 1943 -44 1944 -45 1948 -46 1946 -4? 1947 -48 1948 -49 1949 -50 1950 -51 1951 -52 1952 -53 1953-54 1954 -55 1955 -56 1956 -57 1957-58 1958 -59 1959 -60 1960 -61 1961 -62 1962 -63 1953 -64 1964 -65 INST O BE �.`; t TSB BY CITY OF FULL AT THE PU 0 THE LIFTS OF THE :ON TO ''AY T 0 AT Yearly Installment `t y eat on 1 e.t.a. 642.17 607.23 572.29 ,537.35 1,502.41 1,467.47 1,438.53 1,397.59 1,362.65 1,327.71 1,292.77 1,257.83 1,222.89 1,187,95 1,153.01 1,118.07 1,083.13 1,048.19 1,013.25 978.31 943.37 908.43 873.49 838.55 803.61 648.80 257.23 478.26 4.3 c.f.s. $7,061.33 6,911.09 6,760.85 6,610.61 6,460.36 6,510.12 6,159 6,009.64 Reduced each 5,859.40 5,709.15 5,558.91 5,408.67 5,2'58.43 5,108.19 4,957.94 4,807.70 4,657.46 4,507.22 4,356.98 4,206.73 4,056.49 3,906.25 3,756.01 3,605.77 3,455.52 2,789.84 1,106.09 $135,356.60 year $150.24 N.B. If the full amount of cash stated as $32,818.89 is not paid on account as stated in Exhibit 11, it being contemplated that at least $25,000 shall be so paid, the balance will be added to the sum of x':112,885.45, the item in Exhibit 12. YOUNG AND KELLY EDWARD R.YOUNG H. RICHARD KELLY EDWIN L. SEARLE FRANK R.JOHNSTON CHARLES H. CHURCH j-UTDC7 THOMS V. CSSIDY, 3308 Pacific Boulevard, 7untington Park, California. "- dean 1-11!"9. TELEPHONE CABLE ADDRESS TRINITY 2661 ADMIRALTY 634 SOUTH SPRING STREET Los ANGELES, CALI FORN IA December 2, 1939. In line with our conversation yesterday respect- ing fees to be charged by C.F.. Spencer, the firm c± O'Yelveny, Tuller & yers and this office for services in the natter of the bond issue of the City of Vernen,reces- sary to raise the funds to complete the agreement with. the City of Los Angeles covering/the construction of sewers, the following is my recollection of our tentative arrane- ment: The total fee for legal services is to be .,;,3750.001 to be paid to this office, ofyhich the firm of 0'7elveny, Tulier Myers is to receive T750.00 to complete Vernon's agreement with that firm and C.E. Spencer is also to be paid for his services from this fee, as is also our office. 1 am enclosing a demand in the amount of 2„500.00 on account of the total fee of 3750.000 together with dis- bursements,,of which r;;105.00 represents the expense of this office and :::37.73 expense of Mr. Spencer's office. A demand for the remainder of the agreed fee will be presented when the final opinion on the bond issue is given by the firm of •D'Melveny 0 Myers, which has succeeded the firm of O'Melveny, Tuller 7yers. If the foregoin. Is in accord with your understand- ing of our conversation 1- should be glad to have you approve . the demand and present it to the City Council. ITPX:1111 jith kindest regards, T. am. Very truly yours, 4. March 8, 1937 File 3-T-2 VERNON - LOS ANGELES CITY JOINT SANITARY SEWER FACILITIES The following summary is written after a short con- ference with Mr. Lloyd Aldrich, Los Angeles City Engineer, and after having gone through the files, with reference to existing contractural relations between Los Angeles City and Vernon in regard to joint Sanitary Sewer facilities. The attached copy of a report, dated December 11, 1935, prepared in the Los Angeles office, gives the details of the controver- sy which has now developed. Briefly, after a long misunderstanding as to inter- pretation of contractural relations between the two cities, with respect to division of Sewer Outfall capacity, the two parties made a joint survey of conditions and reached the conclusion that each interest could be adequately served by constructing the Relief Sewer, now known as the 37th Street Sanitary Sewer. Further negotiation fixed the capacity of this relief sewer so as to serve both parties, and finally culminated in the Agreement which bears the date, June 29, 1931. This agreement provided for the construction of the 37th Street Sanitary Sewer, located in large part in Vernon, and for the first time definitely set up the rights of each party, with respect to flowage rights from both the new con- struction and the joint sewers previously built through City of Vernon. In effect, this agreement also obligated. Vernon to have the new facilities installed without expense to City of Los Angeles, but the actual construction was turned over to the latter, probably because it was felt that they were the more efficiently equipped to handle it. The intent of this obligation is obvious but the wording, as written in the con- tract, is unfortunate in that it constitutes the basic mis- understanding of the present controversy. It is very evident that the sums mentioned therein were only a convenient method of arriving at the intent, for the additional flowage rights, to be acquired by Vernon, are first put into dollars at the officially established rate for one cubic foot per second capacity, and this amount is then eked out with construction - 1 - Vernon - L. A. City Joint Sanitary Sewer Facilities. 3/8/37 cost so that, altogether, they approximate the estimated cost of the new construction. Since it is the only practical method under which it could act, it must have been understood by all concerned that City of Vernon could carry out its financial obligation, under this contract, only by means of a bond issue approved by its voters. City officials of Vernon contemplated this procedure, but after canvassing the situation, decided that the public response would be negative, and that they should wait for a more propitious time. This time arrived with the advent of Federal funds. In order to carry out its obligation, Vernon officially appoint- ed Los Angeles City Engineer as its representative to obtain financial aid from the National Government. This mission being successful, Los Angeles City took over the details of the actual construction, as provided for in the contract, and the 37th St. Sewer is now partly completed. As agent for the "Sponsor" of the Federal Project, providing for construction of the 37th St. Sewer, Los Angeles City has had, for disbursement, funds received from Vernon at various times in amounts 425,000.00, and 43620.00 respectively. This fund is subject to adjustment when the entire work is completed, so that it, together with Federal funds received, will have paid for the entire project without any cost to City of Los Angeles. The claims for proportionate share of maintenance and operating costs are of minor nature, but it would seem that the covering arrangements would not be effective until after the required construction will have been completed. CONCLUSIONS (1) There is nothing in the Contract of June 29, 1931, whereby Los Angeles City should expect any financial gain, or reward, other than;- (a) the construction, without any cost to itself, of the 37th St. Sanitary Sewer, and the right to operate and maintain that part of same lying within Vernon; (b) definite division of outfall flowage rights as between the two cities; and (c) the consent of Vernon to bear a share of maintenance cost of the main outfall and of the Hyperion treating plant. (2) Los Angeles City will have fulfilled its obligation, and will be entitled to the above benefits, only after the 37th St. Sanitary Relief Sewer will have been entirely completed. (3) Irrespective of whence the funds may have been obtained, City of Vernon will have fulfilled its current financial obliga- tion, under the contract of June 29, 1931, and will be entitled to all benefits granted thereby, when the 37th St. Sewer will have been completed without cost to City of Los Angeles. Vernon - L. A. City Joint Sanitary Sewer Facilities. 3/8/37 CONCLUSIONS (4) In my opinion, City Officials of Los Angeles are pri- marily concerned lest their rightful capacity through Vernon be again encroached upon beyond the limits now set up in the above agreement. However, the allotment to vernon appears to be ample for all predictable future needs, providing all possible diversions are made from the latter's sanitary sewer system. RECOMMENDATIONS It is recommended that supplementary agreement be entered into between the two cities, confirming previous agree- ments and providing further, that: - (A) Each party acknowledges that the other will have ful- filled its contractural obligations when the 37th St. Sanitary Relief Sewer will have been completed, and ready for service, without actual, "out of pocket" cost to City of Los Angeles. (B) As an aid to Vernon in its determination to divert all clean water from ite sanitary sewers, Los Angeles City agrees to allow the flow of not to exceed 6.0 cubic feet per second of waste water, from paper mills located within Vernon, through the Storm-Drain Lateral (about to be constructed as a W.P.A. Project) from approximately 57th St. and. Slauson Ave. to Los Angeles County Storm Drain at Hooper Ave. and. Slauson Ave. Los Angeles city further agrees to increase pipe sizes from that now plan- ned, easterly of Long Beach Ave. so as to accommodate this addi- tional flow, and. Vernon agrees to pay the additional cost of reinforced concrete pipe above that originally planned. (C) Vernon agrees to use every legitimate means at its disposal to divert illegal water from its sanitary sewers, and, for all time, to keep to a nimimum, below its allotted rights if possible, the discharge into the outfall. To this end, Vernon agrees to immediately assign a competent employee as Sewer Superintendent, and to keep him as long as may be necessary, whose principal duty will be the supervision of its sewer system, correcting all illegal conditions and general policing of all contributing house connections. (D) To avoid any further misunderstandings, it would also seem advisable to clarify the wording with reference to Vernon's participation in maintenance and operating costs for the main outfall and treating plant. (1) A description should be included which defines the limits of the main outfall. (2) Vernon's participation should be in the cost of ordinary maintenance, but not in any major replacement or reconstruction. -3 Mai Vernon - L. A. City Joint Sanitary Sewer Facilities. 3/8/37 (3) The method of arriving at Vernon's share of the cost should be fully set forth so that charges may be audited intelligently. (4) A definite time should be set for the beginning of these charges, as well as for the time of periodic settlements. (E) Also, the permanent measuring devices, which are placed in the joint sewers at the necessary locations, should be under joint control, and measurements of flow should be taken jointly at stated periodic intervals. Respectfully, Francis Bates Acting City Engineer FB:B SPEC I L Report No. 2. Office of the City Engineer, Los Angeles, California, December 11, 1935. To the Honorable Board of Public Works of the City of Los Angeles. Gentlemen: 1, In the matter of the several contracts that have been entered into between the City of Los Angeles and the City of Vernon, relative to the disposal of sewage from the latter City into the sewer system of the former, the following pertinent facts are set forth for the in- formation of your Honorable Board and the City Council. At the time Los Angeles was preparing to construct a branch of the existing outfall sewer in the southern portion of the City, this branch to pass through the City of Vernon, an initial contract was entered into with that City on March 18, 1909, the said contract being the precursor of three later agreements, the essence of these contracts being as follows: (See also attached sketch) Initial Contract - March 18, 1909 a. Vernon agreed to permit the construction of a main outfall sewer in Soto Street and Vernon Avenue and a lateral in Santa Fe Aven <ue, all within the boundaries of (Board #2 12/11/35) Vernon. b. Vernon was privileged to drain all of its sewage into these sewers from the area within the red bound- aries without cost, except, c. Vernon was to pay 5% of the cost of main- tenance of these sewers in Vernon only, and to further pay 50% of the cost of construction of the main sewer in Vernon, not to exceed #12,000, by assessing acreage at the rate of 48.13 per acre. (Information obtainable from the records indicates that apparently Vernon has paid only 48,897, leaving 43,103 unpaid). d. Vernon was to pay 2Og,' of the cost of the lateral in Santa Fe Avenue, not to exceed 41,300. (An ordinance indicates that this was paid). 2nd Contract - June 8, 1925. a. Vernon to Eay #86,745 for privilege of dis- charging 3 cubic feet per second of sewage into the Los Angeles sewer system at Point nNn on 57th Street, and pay maintenance and operation costs of North Outfall Sewer and Hyperion Plant for proportionate flow from 57th Street only. (This maintenance and operation charge while abrogated in the 4th contract, amounting to 47,568, was not paid during the period between the 2nd and 4th contracts). (Vernon on November 26, 1927, paid 425,000, which was acknowledged in the 4th contract). (Board #2 12/11/35) 3rd Contract - August 11, 1925. Relates only to rules and regulations relative to use of sewers within the limits of Vernon. 4th Contract - June 29, 1931. (The initial contract did not refer in any manner to the actual amount of flow to be permitted. In this 4th Contract, a base permissible flow was set up with reference to the initial contract). a. Vernon permitted to discharge 7 cubic feet per second of sewage on the initial 1909 contract at points "B" and "11". (Sewer at point "B" not now existing, but about to be con- structed under W.P.A. One cubic foot per second is very close to 450 gallons per minute). b. Vernon upon payment of $221,630, ($25,000 of which is acknowledged in the 4th contract as paid on November 26, 1927, - see above 2nd contract "b" - leaving $196,630 due), permitted to discharge an additional 7.5 cubic feet per second of sewage at points "B" and "H", not to exceed 6 cubic feet per second at "H", nor more than 14.5 cubic feet per second at both points. (Flow of sewage from Vernon at point "H" is now 7.54 cubic feet per second, thereby exceeding the contract agreement by 1.54 cubic feet per second. The $196,630 has not been paid). c. Vernon permitted to discharge 4.7 cubic feet per (Board #2 12/11/35) second of sewage at point "N" in 57th Street, under initial contract of 1909. d, Vernon on payment of $37,590 permitted to discharge an additional 1.3 cubic feet per second at point "N" in 57th Street, or a total at this point of 6 cubic feet per second. (Vernon has not paid the $37,590, but is now dis- charging 9.33 cubic feet per second or 3.33 cubic feet per second over and above that permitted by the contract, and flooding the 57th Street sewer, which will not be relieved by the 39th Street and. Alameda Street Relief Sewer now be- ing built by the W.P.A.). e. Vernon to pay $36,200 as its proportionate cost of construction of the 39th and. Alameda Relief Sewer. (This sum has by agreement been reduced to 10 of this amount, or $3,620 to cover supervision and engineer- ing of the N.P.A. work. At this date Vernon advises the expenditure has been approved by the Council and the money will be sent forward at once.) f. Vernon to pay maintenance and operation cost of proportionate flow in North Outfall and. Hyperion Plant, based on additional flow allowed by this contract. (This has not been paid). (Total payments under this contract, as noted above, are $196,630, #37,590 and $3,6201 amounting to (Board #2 ..... 12/11/35) 0237,840, not including maintenance and operation since 1931, amounting to $2,403). To summarize, Vernon on the basis of the four con- tracts is in arrears to Los Angeles as follows: a. Under the initial contract of March 18, 1909, balance due on main sewer 0 3,103.00 b. Maintenance and operation pro rata on Outfall Sewer and. Treatment Plant 9,971.00 013,074.00 c. In the 4th Contract of June, 1931, the flow at Point "H" in the 1909 Contract has been limited to 7 cubic feet per second. Vernon is now exceeding this flow by 0.54 cubic feet per second. At the rate of $28,916, the value originally set per second feet in the North Outfall Sewer, this amounts to d. In the 4th Contract of June, 1931, the flow at Point "N" in 1909 Contract has been limited to 4.7 cubic feet per second, with a pro- viso that Vernon be permitted to discharge and ad- ditional 1.3 cubic feet per second on payment of $37,590. However, Vernon in now discharging at Point "N" 9.33 cubic feet per second which is 4.63 cubic feet per second in excess of the 4.7 cubic feet per second allowance in the 1909 Con- 4 15,614.00 (Board #2 12/11/35) tract and 3.3 cubic feet per second in excess of the 1931 Contract, which placed a limit on the capacity of this sewer at 6 cubic feet per second. While this excess should not be per- mitted, this additional space at the rated value amounts to #96,290, Added to the 437,590, the total amounts to . c. Engineering and supervision of W.P.A. work now under construction TOTAL Credit 425,000 paid ..... BALANCE This above amount of 133,880 3,620 $ 166,188 25,000 141,188 141, 188 merely covers the capacity in the outfalls for Vernon's present quantity of flow and the maintenance and operation cost to July 1, 1935. Before Vernon is permitted to connect into the new 39th Street and Alameda Street Relief Sewer, now under construction, that City should be required to pay for the additional capacity in the outfall sewer at the established rate of 428,916 per cubic feet, per second, the City of Los Angeles being obligated to sell capacity to the City of Vernon as set forth in the 4th Contract of June, 1931. It had been the intention of the authorities of the City of Vernon to float a bond issue for some $270,000 at about the time of the 4th Contract, but when (Board #2 12/11/35) approached from time to time by agents of Los Angeles, they stated the bonds would not carry during a depression period. Within the past few weeks the W.P.A. has commenced work on the 39th Street and. Alameda Street Relief Sewer, which is being constructed essentially for the relief of the dis- trict in which Vernon is located. It had been originally in- tended by the City of Los Angeles to build this sewer from the funds to be paid by Vernon in the agreement set forth in the Contract of 1931. Our records indicate that the flow in this district commenced to fall during the fiscal year of 1927-28, reaching a low in 1931, from which time the flow has steadily increased and now far exceeds any maximum prior to 1929 and is still going up. I recommend that your Honorable Board refer this matter to the City Council, with the request that it go to the City Attorney with a view of some definite form of settle- ment to be arranged with the City of Vernon. The evidence supporting the above facts are on file in the records of this Bureau. HGS-MB) Respectfully submitted, LLOYD ALDRICH, City Engineer, By, Merrill Butler-Deputy. AGREMENT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON FOR THE DISPOSAL OF SEWAGE THIS AGREEMENT, made and entered into this 29th day of June, 1931, by and between the CITY OF LOS ANGELES and the CITY OF VERNON, both being municipal corporations of the State of California, ITNESSETH: WHEREAS, the City of Los Angeles, under an agreement entered into by and between the parties hereto on the 18th day of March, 19 09, is maintaining a sewer within the corporate limits of the City of Vernon for the joint disposal of sewage from portions of the City of Los Angeles and portions of the City of Vernon; and WHEREAS, the capacity of said sewer has been reached and it is urgently necessary for the mutual benefit of both municipal corporations to build intercepting sewers to provide additional capacity for the disposal of the increase of sewage arising in both cities; and WHEREAS, the City of Los Angeles has constructed a North Outfall Sewer in order to dispose of the sewage arising within its territorial boundaries; and WHEREAS, the City of Vernon is desirous of discharging into the said sewer of the City of Los Angeles, an additional amount of sewage to that now contracted for in the amount here- inafter mentioned; and WHEREAS, said Outfall Sewer of the City of Los Angeles is adequate in size and capacity to take care of the additional sewage collected within said territorial limits of the City of Vernon, as well as of the sewage collected in the City of Los Angeles; NOW, THEREFORE, IT IS MUTUALLY COVENANTED AND AGREED by and between the parties hereto as follows: (1) The City of Vernon, pursuant to the agreement of March 18, 1909, shall be permitted to discharge and dispose of not to exceed 7 cu. ft. per second average continuous flow of sewage into the Los Angeles sewerage system at points marked "B" and "H" on Map No. M -209, on file in the office of the City Engineer of the City of Los to and made a part (2) Upon the Angeles hereof; payment sum is hereby acknowledged been paid to the said City November, 1927, as advance 1925, which contract is on which said map is hereby referred of $221,630.00, $25,000.00 of which by the City of Los Angeles as having of Los Angeles on the 26th day of on contract No. 4990, dated June 8, file in the office of the City Clerk and is hereby referred to and made a part hereof as though fully set forth herein, the City of Vernon shall be permitted to dis- charge not to exceed 7.5 cu.ft. per second average continuous flow of additional sewage at said Points "B" and "H ". In no event, however, shall the City of Vernon discharge more than 6 cu. ft. per second average continuous flow at said point "H" or more than 14.5 cu. ft. per second average continuous flow at both Points "B" and "H" from the following described territory: "Beginning at a point in the easterly boundary of the City of Los Angeles, said point being 270 feet south- erly measured at right angles from the southerly line of Vernon Avenue; thence northerly and easterly follow- ing the various courses of the easterly and southerly boundary lines of the City of Los Angeles to its inter- section with the easterly line of the right of way of way of the San Pedro Branch of the San Pedro, Los Angeles and Salt Lake Railroad; thence southerly along the easterly line of said right of way to its inter- section with the northerly line of the 'John R. Taylor's Vernon Avenue Villa Lots,' if produced easterly, a map of said lots being recorded in Book 4, page 42 of Maps, County of Los Angeles; thence westerly along the pro- longation of and the northerly line of said "John R Taylor's Vernon Avenue Villa Lots' to the northeast corner of Lot 1 thereof; thence in a direct line souther- ly to the southeast corner of Lot 2, said "John R Taylor's Vernon Avenue Villa Lots'; thence in a direct line westerly to the northeast corner of Lot 3 therof; thence along the easterly line of said Lot 3 and its prolongation southerly, southerly to the south line of East Vernon Avenue; thence along the south line of East Vernon Avenue westerly to the westerly line of Soto Street; thence southerly along the westerly line of Soto Street and said westerly line produced to the southerly line of Los Angeles and Salt Lake Railroad right of way (Industrial Spur); thence westerly along the southerly line of said right of way to its intersection with a line parallel to the southerly line of Vernon Avenue and passing through the northwest corner of Lot 24, Block 50, Huntington Park Extension No. 2 as recorded in Book 11, page 6 of Maps, records of Los Angeles County; thence westerly along said last mentioned parallel line to the northwest corner of said Lot 24; thence westerly along a line parallel to and distant 140 feet northerly from the north line of Pacific Blvd to the northerly extension of the westerly line of Block 47, said Huntington Park Ex- tension No. 2; thence southerly along said last mentioned northerly extension and along the westerly line of said Block 47 and its southerly extension to the easterly pro- longation of the, northerly line of C. i. Moore's Home Place, as per map recorded in Book 7, page 82, of Maps, Records of Los Angeles County; thence westerly along said easterly prolongation and along the northerly line of said C. M. Moore's Home Place to a point 255 feet wester- ly measured at right angles from the southerly prolonga- tion of the westerly line of Hawthorne Avenue; thence northerly along a line parallel to and distant 255 feet westerly from said southerly prolongation of the westerly line of Hawthorne Avenue to a point 297 feet southerly from the southerly line of Vernon Avenue; thence westerly along a line parallel to and 297 feet southerly measured at right angles from the southerly line of Vernon Avenue 43.5 feet; thence northerly along a line parallel to the westerly line of Hawthorne Avenue, a distance of 27.0 feet; thence westerly along a line parallel to and 270.0 feet southerly from the southerly line of Vernon Avenue to the point of beginning." (3) The City of Vernon, pursuant to the agreement of March 18, 1909, shall be permitted to discharge and dispose of not to exceed 4.7 cu. ft. per second average continuous flow of sewage at Point "N" as shown on the said Map No. M-209. Upon payment of $37,590.00, the City of Vernon shall be per- mitted to discharge an additional flow of 1.3 cu. ft. per second average continuous flow at said Point "N", but in no event shall the City of Vernon discharge to exceed 6 cu. ft. per second average continuous flow of sewage at said Point "N" from the following described territory: "Beginning at the southeast corner of Lot 4, Tract No. 4293, as per map recorded in Book 47, page 93 of Maps, Records of Los Angeles County; thence westerly in a direct line to the southwest corner of said Lot 4; thence northerly, westerly, southerly and westerly following the various courses of the boundary line of the City of Vernon to an intersection with the easter- ly line of the Southern Pacific Railroad. Company's right of way (San Pedro Branch); thence northerly along said easterly right of way line to a point dis- tant 270 feet southerly measured at right angles from the southerly line of Vernon Avenue; thence easterly along a line parallel to the southerly line of Vernon Avenue to a point distant 298.5 feet westerly, measured at right angles from the westerly line of Hawthorne avenue;- thence southerly along a line paral- lel to the westerly line of Hawthorne Avenue, a dis- tance of 27.00 feet to a point; thence easterly along a line parallel to the southerly line of Vernon Avenue, a distance of 43.50 feet to a point; thence southerly along a line parallel to the westerly line of Hawthorne Avenue and its extension to an intersec- tion with the northerly line of C. M. Moore's Home Place, as per Map recorded in Book 7, page 82, of Maps, Records of said County; thence easterly along the northerly line of C. U. Moore's Home Place and its easterly extension to an intersection with the souther- ly extension of the westerly line of Block 47, Huntington Park Extension No. 2, as per map recorded in Book 11, page 6, of Maps, records of said County; thence northerly along said southerly extension, and along the westerly line of said Block 47 and its northerly extension to a point 140 feet north of the north line of Pacific Blvd; thence eaterly parallel to the north- -4 - erly line of Pacific Blvd to the northwest corner of Lot 24, Block 50 of said Huntington Park Extension No. 2; thence easterly parallel with the south line of Vernon Avenue to an intersection with the southerly line of Los Angeles and Salt Lake Railroad right of way (Industrial Spur); thence easterly along the southerly line of said right of way to an intersection with the westerly line of the 500 acre tract of the Los Angeles Fruit Land. Association, as per map recorded in Book 3, pages 156 and 157, iscellaneous Records of said County; thence southerly along the westerly line of said 500 acre tract and its southerly extension to the south boundary line of the City of Vernon; thence westerly, northerly and southerly following the vatious courses of the boundary line of the City of Vernon to the point of beginning. (4) The City of Vernon shall pay to the City of Los Angeles the sum of 436,200.00 as its proportionate cost of the construction by the City of Los Angeles of a relief sewer in the City of Vernon, between Points "B" and "C" as shown on Plan No. D-2046, on file in the office of the City Engineer of the City of Los Angeles, and which hereby referred to and made a part hereof. (5) The above mentioned payments of 4221,630.00 (less $25,000.00 hereinabove mentioned), 437,590.00 and $36,200.00 or a total of 4270,420.00, shall be due and payable to the City of Los Angeles upon the execution of this agreement. (6) The City of Vernon shall install and maintain gauging stations for the measurement and determination of sewage flow so discharged at said Points "B", "H" and "N", and the City of Los Angeles shall install and maintain gaug- ing stations for the measurement and determination of sewage flow at Points "M" and "R", as shown on said Map No. M-209, said gauging stations to be under the control of the City Engineer of the City of Los Angeles. The City of Los Angeles shall have supervision over and control of said gauging stations; and shall ascertain the amount of sewage flowing through the same, and the amount of sewage determined by said City of Los Angeles as being the amount contributed from within said portion of said City of Vernon shall be conclusively under the provisions of this agreement. (7) The City of Vernon shall pay to the City of Los Angeles at the end of each fiscal year of the City of Los Angeles after the date of this contract,all costs incident- al to the gauging and determination of the sewage flow, and. shall pay at the same time such proportion of the annual cost of the operation, maintenance, replacement and repair of the treatment plant at Hyperion, California, the ocean outlet therefrom, and that portion of the sewage system and outfall sewers of Los Angeles used by it, as the total additional quantity of sewage hereby provided for and dis- charged by Vernon into said sewage system and outfall sewers bear to the total amount discharged into said sewerage sys- tem and outfall sewers. (8) The City of Vernon agrees to comply with and to take all measures possible to require all persons, firms or corporations within said portions of its territory hereinabove set forth, and using the hereinbefore mentioned sewers or any branch and lateral sewers leading to and discharging into said before mentioned sewers, to comply with any and all requirements, rules and regulations which the City of Los Angeles has heretofore made, or may hereafter by ordinance or resolution make, with regard to persons, firms or corporations using sewers within the territorial boundaries of the City of Los Angeles; and further agrees, if necessary, to enforce the rules and regulation of Los Angeles to pass similar legislation to that enacted in Los Angeles. (9) The City of Vernon shall have no title or interest in said sewerage system, outfall sewers, or treatment plant other than the right to discharge and dispose of its sewage as herein provided. (10) All connections to the sewerage system or outfall sewers of Los Angeles shall be made under the supervision and subject to the approval of the City Engineer of Los Angeles. (11) The City of Vernon agrees that when the sewage arising within its territorial boundaries and discharged into the Outfall Sewer of the City of Los Angeles under the terms of this agree- ment, shall have reached the maximum average continuous flow of 20.5 cu. ft. per second, the City of Vernon will neither cause nor permit the discharge of any additional sewage into the sewage system of said. City of any person, firm or corporation within its territorial boundaries, nor will it cause or permit any additional connections thereafter,to be made to said sewer system. (12) The City of Los Angeles shall accept and dispose of sewage from the City of Vernon not to exceed 20.5 cu. ft. per second as hereinabove set forth. (13) The City of Los Angeles shall operate, maintain and keep in good condition and repair said sewage system, outfall sewers, treatment plant and ocean outlet therefrom for the term of this agreement. IT IS UNDERSTUUD AND AGREED that that certain written agreement dated June 8, 1925, and numbered 4990, on file in the office of the City Clerk of the City of Los Angeles, be, and the.same is hereby canceled and shall be of no further force and effect. IT IS FURTHER UNDERSTOOD AND AGREED THAT this agree- ment shall be in full force and effect during the life of the said. Uutfall Sewer. The City of Vernon shall grant to the City of Los Angeles, without charge, the necessary permit for constructing a'36-inch diameter sewer in 37th Street between Boyle Avenue and. Alameda Street and in Alameda Street from 37th Street to 39th Street, as shown on Plan D-2046, on file in the office of the City Engineer of the City of Los Angeles. IN WITNESS WEEREOF, TEE CITY OF LOS ANGELES, a munici- pal corporation, has caused this instrument to be executed on its behalf by the President of its Board of Public Works and attested by its City Clerk, and the CITY OF VERNON, a municipal corporation, has caused this instrument to be executed on its be- half by the President of its Board of Trustees, the day and year first hereinabove written. ATTEST: City Clerk THE CITY 0i LOS ANGELES, By President, Board of Public Works THE CITY OF VERNON, By President, Board of Trustees City Clerk -131T "A" THIS AGREEMENT, made and entered into on this 18th day of March, 1909, by and between the City of Los Angeles, a municipal corporation of the State of California, the party of the first part, and the City of Vernon, a municipal cor- poration of the same place, the party of the second part. WITNESSETH, That WHEREAS, the said parties hereto did by their several respective ordinances numbered 17,791 (New Series) and No. 27 respectively, heretofore to wit: on the 23rd day of Feb- ruary, 1909 and the 1st day of February, 1909, respectively, ordain that it was the intention of said several municipal corporations to construct public sewers in, through and along certain public streets of said. City of Vernon for the joint use and benefit and at the joint cost and expense of said parties hereto; and, WHEREAS, said parties hereto did in the manner afore- said direct that a contract be executed each with the other for the construction, reconstruction, maintenance and repair of said sewers, under and according to said several ordi- nances, to wit:. Ordinance No. 17,791 (New Series) of said City of Vernon, which said ordinances are hereby referred to and made a part hereof. NOw, ThEELFOEB, for and in consideration of the premises and of the promises, covenants and agreements herein provided to be kept and performed by the respective parties hereto. The said party of the first part does hereby promise, covenant and agree to and with said party of the second part that it, said party of the first part shall and will, with due, reasonable diligence and dispatch proceed to cause to be let in the manner provided by law a contract to lowest responsible bidder for the construction of a sewer in, through and along the following public streets of said party of the second part, to wit: (1) A Main Sewer to be constructed in, through and along Vernon Avenue from the West City Boundary of the City of Vernon to Santa Fe Avenue, Santa Fe Avenue between Vernon Ave- nue, west of Santa Fe Avenue, and. Vernon Avenue east of Santa Fe Avenue; Vernon Avenue, east of Santa Fe Avenue, to McLean Road (or Boyle Avenue); and McLean Road (or Boyle Avenue) between Vernon Avenue and the boundary line between the City of Los Angeles, and the City of Vernon. (2) A Lateral Sewer, to be known as the Santa Fe Avenue Main Sewer and to be constructed in the intersection of Santa Fe Avenue with Vernon Avenue east of Santa Fe Avenue, and northerly along Santa Fe Avenue between Vernon Avenue, east of Santa Fe Avenue, and the southerly boundary line of the City Los Angeles. That said sewer shall be constructed in accordance with general plans No. 4385 now on file in the office of the City Engineer of said City of Los Angeles and in accordance with "Specifications for said sewers on file in the office of the Board of Public gorks of said City of Los Angeles," which said. Plan and. Specifications were heretofore, by said Ordinance No. 17,791 (iew Series) and said Ordinance No. 27, adopted by said parties respectively as the Plan and Specifications according to which the sewers therein provided shall be con- structed, and which said. Plan and. Specifications are hereby referred to and made a part hereof, and that the work and labor performed upon and the materials furnished for and used in the construction of said sewers and each and every thereof will and shall be under the direction and to the satisfaction of said party of the first part and the proper officers there- of; and. Said party of the first part does hereby further covenant and agree that it shall and will pay and discharge the full and entire cost, charge and expense of said sewers and of each and every part and portion thereof together with all and all manner of incidental expenses, fees, charges and disbursements that may or shall be incurred in and about the construction of said sewers and of each and every part and portion thereof; And it is hereby mutually promised, covenanted and agreed by and between the respective parties hereto, as follows, to wit: That said. Sewers shall carry from the City of Vernon such sewage thereof as may be conducted by gravity alone to said sewers by any system of sewers adopted and constructed by said City of Vernon. That by the term "sewage" shall be meant household and manufacturing wastes only, and not drainage or storm waters. That each of said cities shall operate and maintain its own system of sewers other than those portions which are con- structed and used by them jointly, at its own several proper cost and expense and shall furnish and use so much water as shall be necessary to carry its sewage through the sewers to be by them jointly constructed and used. That the joint sewers to be constructed under this agree- ment shall be operated, maintained and kept in repair by the said City of Los Angeles, provided, however that the City of Vernon shall pay to the City of Los Angeles, as and for its share of the cost of such operation, maintenance and repairs, five (5) per cent of the cost thereof, the remaining ninety - five (95) per cent to be borne by the City of Los Angeles. That all connections made with said sewers by main or lateral sewers to be constructed hereafter by the City of Vernon, shall be made of the materials and in the manner in which similar connections may be made in the City of Los Angeles at the time such connections are made. That for and in consideration of the construction of the sewers above named, by the City of Los Angeles at its own cost and expense, and of the connection of said sewers with the outfall sewer also constructed by the said City of Los Angeles, and of the privilege of connecting the sewer system to be con- structed hereafter by the said City of Vernon with said sewers, and of discharging the sewage of said City of Vernon with said sewers, and of the further privilege of discharging the sewage - 4 - from such portions of the City of Vernon as cannot be drained by gravity into the said sewers to be constructed as specified above, into the South Los Angeles Main Sewer by a main sewer to be constructed hereafter by the City of Vernon, the City of Vernon shall pay to the City of Los Angeles, as its reasonable share of the cost of said sewers and in the manner hereinafter described, the following sums, to wit: (1) For the construction of the said Main Sewer, the City of Vernon shall pay to the City of Los Angeles fifty (50) per cent of the cost thereof, provided, however, that it shall be expressly stipulated, understood and agreed that in no event shall or will the City of Vernon pay for or on account of said sewer a larger or greater sum than twelve thousand (12,000) dollars, which said payment shall be made by the said. City of Vernon to the City of Los Angeles, in installments, at such times as any sewers hereafter constructed by the said. City of Vernon shall be ready for connecting with the sewers herein provided to be constructed by the City of Los Angeles in the said. City of Vernon or with that certain other sewer described as the South Los Angeles Main Sewer, The amount of each such installment to be thus paid shall be in the same proportion to the total amount to be so paid as the area of the territory within the said. City of Vernon that can be drained or served by any main or lateral sewer to be hereafter constructed by said. City of Vernon or by its authority and to be connected with the said sewers constructed by the City of Los Angels therein as above provided, bears to the total area of the said. City of Vernon; provided, however, that whenever the last main or lateral sewer to be so constructed by the said. City of Vernon under or by its authority, and to be connected with the said sewers con- structed by the City of Los Angeles, under this agreement, shall be ready for connecting therewith, then, at that time the amount to be paid by the said City of Vernon thereunder shall be the unpaid balance of the total amount to be paid as deter- mined in the manner described above. (2) For the construction of the said. Santa Fe Avenue Main Sewer, the City of Vernon shall pay to the City of Los Angeles twenty (20) per cent of the cost thereof, provided, however, that it shall be expressly stipulated, understood and agreed that in no event shall or will the City of Vernon pay for or on account of said sewer a larger or greater sum than thirteen hundred (1300) dollars, which said payment shall be made by the said. City of Vernon before any connections whatever shall be made with the said. Santa Fe Avenue Main Sewer within the limits of the City of Vernon. That for the purposes of said agreement and contract, the territory and area of the said City of Vernon is described as the area bounded by the following line; Beginning at the northwest corner of Slauson Avenue and. Alameda Street; thence northerly to the southeast corner of the City of Los Angeles; thence northerly and easterly following the various courses of the easterly and southerly boundary lines of the City of Los Angeles to the intersection with the easterly line of the right of way of the San Pedro branch of the San Pedro, Los Angeles and. Salt Lake Railroad; thence southerly along the easterly line of said right of way to the intersection with the northerly line of thetno. R. Taylor's Vernon Villa Lots," if produced easterly (a map of said lots being recorded in Book 2 at page 42 of Maps, in the office of the County Recorder); thence westerly along the production of and the northerly line of "Jno. R. Taylor's Vernon Avenue Villa Lots" to the westerly line of Boyle Avenue; thence southerly along the westerly line of Boyle Avenue and along the easterly line of the 42.87 acres of land assessed to Willard. Bassett in 1905, and along theeasterly line of the 115.32 acres of land assessed to Wm. H. Moore in 1905, to the northerly line of Slauson Ave or North Ave; thence westerly along the northerly line of Slauson Ave to the place of beginning. IN WITNESS WHEREOF said party hereto of the first part has caused these presents to be executed upon its behalf by its Board of Public Works and said party hereto of the second part has caused the same to be executed by J. J. Furlong, President of its Board of Trustees, and. T. J. Furlong, its Clerk, and its Corporate Seal to be hereunto affixed the day and year first hereinbefore written. (SEAL) Attest: (Signed) H. J. Lelande City Clerk. (Signed) T. J. Furlong, Attest. (Seal) City Clerk TEE CITY Oi LOS ANGELES By the Board of Public Works By (Signed)A.A. Hubbard President of the Board of Public Works of the City of Los Angeles. CITY OF VERNON, By (Signed) J.J. Furlong President of its Board of Trustees. By (Signed) T. J. Furlong, Its Clerk Approved as to form (3-8-09) LESLIE R. HEWITT, City Attorney. By (Signed) Chas. D. Houghton, Deputy (COPY) (COPY) CITY ATTORNEY LOS ANGELES, CALIFORNIA October 23, 1936 Mayor, and. Board of Trustees of the City of Vernon City Hall 4305 Santa Fe Avenue Vernon, California Gentlemen: Demand is hereby made upon you and upon the City of Vernon that within thirty (30) days from the date of this demand you and the City of Vernon cease from discharging sewage into the Los Angeles sewerage system where your sewer- age system connects with the Los Angeles sewerage system at Alameda Street and. Vernon Avenue, being Point "H" on map No. M-209, on file in the office of the City Engineer of the City of Los Angeles (and with which map you are familiar), in an amount greater than six (6) cubic feet per second average con- tinuous flaw. You are hereby notified that at the present time, and for several years last past, you and the City of Vernon are, and have been, discharging into the Los Angeles sewerage sys- tem at said last named point sewage in excess of 7.54 cubic feet per second average continuous flow. You are hereby further notified that there is no point of connection into the Los Angeles sewerage system at Thirty- Ninth and Alameda Streets, being Point "B" on the map herein- above referred to, and that there will not be such a connec- tion for approximately one year. You are hereby further notified that the City of Vernon has failed, neglected and refused, and does now fail, neglect and refuse, to pay to the City of Los Angeles the sum of 196, 630.00 due from the City of Vernon to the City of Los Angeles under and by virtue of the provisions of paragraph 2 of that certain agreement made, entered into and executed by and be- tween the City of Los Angeles and the City of Vernon, dated June 29, 1931. You are hereby further notified that the City of Vernon has failed, neglected and refused, and does now fail, neglect and refuse, to pay to the City of Los Angeles the sum of $36, 200.00 due from the City of Vernon to the City of Los Angeles under and by virtue of the provisions of paragraph 4 of the same agreement. You are hereby further notified that the City of Vernon has failed, neglected and refused, and does now fail, neglect and refuse, to pay to the City of Los Angeles a sum exceeding $11,466.80 due from the City of Vernon to the City of Los Angeles under and by virtue of the provisions of paragraph 7 of the same agreement. You are hereby further notified that this demand for you to cease and desist from discharging sewage into the Los Angeles sewerage system in excess of six (6) cubic feet per second average continuous flow at the point hereinabove designated is made upon you under and by virtue of the provisions of the same agreement. In this connection, we particularly direct your attention to paragraphs 1 and 2 of said agreement. Demand is hereby further made upon you and the City of Vernon to cease from discharging sewage into the Los Angeles sewerage system where your sewerage system connects with the Los Angeles sewerage system at Fifty-Seventh and Alameda Streets, being Point (N) on said Map No. M-209, in an amount greater than 4,7 cubic feet per second average continuous flow. You are hereby notified that at the present time, and for several years last past, you and the City of Vernon are, and have been, discharging into the Los Angeles sewerage system at said last named point, sewage in excess of 9.33 cubic feet per second average continuous flow. You are hereby further notified that the City of Vernon has failed, neglected and refused, and does now fail, neglect and refuse, to pay to the City of Los Angeles the sum of 037, 590.00 due from the City of Vernon to the City of Los Angeles, under and by virtue of the provisions of paragraph 3 of that certain agreement made, entered into and executed by and between the City of Los Angeles and the City of Vernon, dated June 29, 1931. You are hereby further notified that this demand for you to cease and desist from discharging sewage into the Los Angeles sewerage system in excess of 4.7 cubic feet per second average continuous flow at the point hereinabove last designated is made upon you under and by virtue of the provisions of the same agreement. In this connection we particularly direct your atten- tion to paragraph 3 of said agreement. THE CITY OF LOS ANGELES By By City Attorney Deputy City Attorney March 19, 1937 Mr, Lloyd Aldrich City Engineer City Hall Los Angeles, Calif. Dear Mr. Aldrich: Please accept my thanks for arranging the meeting Wednesday with the Board of Public Works, and for your courtesy and patience during our ex- change of views. I am sure that we can continue to keep these discussions on this friendly basis, with the sole purpose of arriving at a fair solution which will be satisfactory to all concerned. Yours very truly Francis Bates Acting City Engineer FB:B (COPY) March 19, 1937 Mr. Paul G. Ritter, President Board of Public Works City hall Los Angeles, California Dear Mr. Ritter: (COPY) File 5-C-2 I want to thank you and the other members of the Board for the opportunity of meeting with you. It is only through such meetings that we can expect to find a fair basis for mutual understanding in regard to the Los Angeles-Vernon joint sewers. With so many present it was of course impos- sible to discuss the details of the Los Angeles claim, much as I would have liked to do so. It seemed to me, however, that you, especially, were concerned with respect to the "Over-due Bills," and for that reason I would Ulm to discuss them further with you. I have in mind that you and I could analyze the details of this claim and at least find some common ground for further negotiation. If this is agreeable, will you be good enough to have your secretary let me know the day and hour that would be convenient to you. Yours very truly Francis Bates Acting City Engineer FB:B COPY COPY March 18, 1937 WO-15540 Vernon Sewage Disposal Re: Contracts. Mr, Francis Bates, City Engineer City of Vernon 4305 Santa Fe Avenue Vernon, California Dear Sir: Reference is made to the demand on the City of Vernon, dated October 23, 1936, for reduction in quantity of sewage originating in the City of Vernon and discharged into the Los Angeles system and for moneys due the City of Los Angeles by the terms of an agreement between the City of vernon and the City of Los Angeles, dated June 29, 1931. Ieference is also made to File 3-T-2, dated. March 8, 1937, being your report regarding Vernon and Los Angeles Sewer Facilities, Los Angeles now disposes of sewage from the City of Vernon in accordance with the provisions of an agreement dated June 29, 1931, which agreement was approved and exe- cuted by the City of Vernon and the City of Los Angeles, and superseded all previous agreements between the two cities for sewage disposal. The provisions of this contract relative to priv- ileges granted the City of Vernon for disposal of sewage into the Los Angeles system and the amounts due the City of Los Angeles by the City of Vernon for such privileges are incontestable and will, in my opinion, stand in any court. The basis for these payments are also incontestable as they are strictly in accordance with a policy established by the Los Angeles City Council seven years before this agreement was prepared, and which was the basis for similar agreements prepared prior and subsequent to 1931; namely, that such out- side cities or districts as are permitted to dispose of their sewage into the sewage system of the City of Los Angeles should pay to the City of Los Angeles at the rate of §28,916 per cubic foot per second for the total amount of sewage which said cities or districts will eventually contribute to said sewage system of the City of Los Angeles. Your attention is called to the fact that in the 1931 contract the City of Los Angeles gave the City of Vernon without cost to them, 11.7 cubic feet per second capacity in the Los Angeles Outfall System, which at the established rate of $28,916 per c.f.s. is equivalent to $338,317 so that Vernon was well paid for the space in their streets occupied by the Los Angeles sewer. A demand was therefore made that the present flow from the City of Vernon be reduced to that permitted in the 1931 contract, and that the payments be made as provided for therein for privileges which the City of Vernon has used for several years. The City Engineer's report to the Board of Public Works, dated May 13, 1929, a copy of which is attached, is self-explanatory. This report shows in detail the division of cost of the 39th and. Alameda Relief Sewer. This report also clearly shows that there is no relationship between the cost to the City of Los Angeles of the relief sewer, and the purchase of additional privileges by the City of Vernon. There is no valid reason why the City of Los Angeles should give away capacity in the Outfall and Disposal Plant to one city any more than to another because of the construction of sewers through Federal Aid, or because of the repair of exist- ing sewers. Los Angeles has proposed ever since W.P.A. started construction on the 39th and Alameda Relief Sewer to pass on to Vernon the proportionate saving in cost of this sewer and for that reason reduced Vernon's share of cost to 1/10 of that proposed in the contract, a reduction from 36,200 to 43620. This proportionate reduction in cost to the two cities for the relief sewer does not change the unit value of capacity in the Outfall Sewer, but would because of additional con- struction increase its value. Regarding the Conclusions contained in the said re- port of March 8, 1937, the City of Los Angeles does not concur in any of them. Furthermore, Los Angeles does not agree to any of the Recommendations contained in said report except that a supplementary agreement might be considered, whereby the total amount due the City of Los Angeles at this time, with interest, would be amortized over a period of not to exceed 10 years. Relative to the disposal of industrial waste from the City of Vernon through the storm drain system of the City of Los Angeles, this matter can not be given serious considera- tion until Vernon has settled its account with the City of Los Angeles. Yours truly LLOYD ALDRICH, City Engineer IiGS COPY SPECIAL Report No. 2 COPY Office of the City Engineer, Los Angeles, California, May 13th, 1929 To the Honorable Board of Public Works, of the City of Los Angeles. Gentlemen: 1, With reference to my report of January 2nd to your Honorable Board relative to the matter of sewage disposal from the City of Vernon into the intercepting sewers of Los Angeles, which were laid through Vernon in 1909, I have prepard the ac- companying preliminary plan and profile D-2046 of a relief sewer to remedy the present overtaxed condition of the existing sewers, which carry the sewage of Vernon through the Los Angeles system, I have submitted this plan and profile to the City Engi- neer of Vernon who concurs with me in regard to its size, depth and capacity. The capacity of this relief sewer is sufficient for that portion of Los Angeles which is north of Vernon and receives a sewer outlet through the Santa Fe Avenue and. Boyle Avenue sewers. The relief sewer also has sufficient capacity for that portion of Vernon north of 37th St. and west of Boyle Ave., and can in- clude therewith the flow from the plant of Swift & Co., which is on the south side of 37th St. It is planned that this relief sewer shall discharge into the North Outfall Sewer at the inter- section of 41st and Trinity Streets in this City where the outfall has sufficient capacity for the sewage flow which will come from said portions of the Cities of Vernon and Los Angeles. (Board 5-13-29) Between the said outlet into the North Outfall at the point marked "A" on the accompanying plan, and the point marked "B" where the relief sewer crosses the westerly boundary of Vernon, I have estimated the cost of the relief sewer to be 4191,900.00. From point "B" to the easterly end of said sewer at Boyle Ave., at a point marked "C" on the plan, I have estimated the cost to be $100,900, making a total cost of 4292,800 between Points "A" and "C". In accordance with studies I have made, this relief sewer will have a capacity at Point "B" sufficient for a future flow of 17.5 second feet from Los Angeles and 13.8 second feet from Vernon. At the time when the said 1909 contract was made, no definite allocation was given to the City of Vernon for its pro- portion of the capacity in the existing Vernon Ave. sewer. This matter has been submitted to your Honorable Board in my said re- port of January 2nd, Furthermore the subject has been discussed at different times with the City officials of Vernon by members of your Honorable Board, also with attorneys representing both Los Angeles and. Vernon. As a result of the report of Jan. 2nd aid these conferences, it would appear that the City of Vernon is con- tributing about 7.8 second feet into the Vernon Ave sewer at the point where it leaves Vernon to enter Los Angeles, which point is marked "H" on the accompanying plan. As the total quantity which this sewer carries at peak flow is 14 second feet, the difference or 6.2 second feet, would be the amount contributed by Los Angeles, Without any evidence other than these quantities, I am of the opinion that the ratio between these two amounts, viz., 7.8 second feet and 6.2 second feet could properly be used in a determina- (Board 5-13-29) tion of the amount of sewage to which each city is entitled in the existing sewer on Vernon Ave, and would accordingly recommend that these quantities be so used therefor. It is estimated that the total future flow into the pro- posed relief sewer at Point "B" from that portion of 37th St. will be 13.8 second feet. Allowing the City of Vernon an allocation of 7.8 second feet in the existing sewer, Vernon should pay for the difference, or 6.0 second feet, in arranging for disposal of its future flow of 13.8 second feet. In accord with the general policy which the Los Angeles City Council has adopted in making contracts for sewage disposal with other municipalities, the City of Vernon should pay at the rate of 028,916 per second foot, or an amount of $173,496 for disposal of said 6.0 second feet into the Los Angeles system at Point "B". To provide' for the cost of construction of the relief sewer, it is my understanding that Los Angeles should pay the entire cost of that portion in Los Angeles of the relief sewer be- tween said. Points "A" and "B", which is estimated to be $191,900. For the portion in Vernon located between Points "B" and "C", and having an estimated cost of 0100,900, I find that the division of this cost, according to the sewage flow which each city will con- tribute thereto, gives an estimated cost of 64,700 for Los Angeles and 036,200 for Vernon, these amounts representing 64Z and 36, respectively, of the total cost of the sewer between Points "B" and "C". In accordance with the terms of a contract made in 1925 between the two cities for the disposal of 3 second feet of sewage from the southeast part of Vernon into the Los Angeles system, Los Angeles was to be paid the sum of 086,745. In connection with the (Board 5-13-29) construction of the bridge recently built in Vernon across the Los Angeles River at Boyle Ave, it was necessary to reconstruct the sewer laid in 1909 across the river at this location. To assist in this reconstruction, the City of Vernon advanced 4,25,000 out of the said 86,745, Accordingly the City of Vernon at this time has an unpaid balance of $61,745 due Los Angeles for disposal of said 3 second feet. It would therefore appear that the City of Vernon should have available for sewage disposal into the Los Angeles sys- tem the said amounts of $173,496, 436,200 and 61,745, making a total of 4271,441, which amount should be placed in the Engineer- ing Department Sewage Disposal Fund toward the construction of the proposed relief sewer between Points "A" and "C". The difference in cost between the actual cost of this relief sewer between Points "A" and "C" and the said total of 4271,441 to be contributed by Vernon, or an estimated sum of 421,359, should be paid out of said Sewage Disposal Fund, and this fund reimbursed from the General Tax Fund of the City by an amount equal to the said difference. If and when the flow of sewage from the City of Vernon shall be more than 13.8 second feet, Vernon should pay for all ex- cess flow in accord with the established ruling of the Council. Furthermore the proposed contract between the two cities for the disposal of sewage into the proposed relief sewer at Point "B" and the existing sewer at Point "H" should provide that Vernon pay to Los Angeles, at the end of each fiscal year, for its proportion of the annual cost of maintenance of the Hyperion treatment plant and outfall sewers between Points "B" and "H" and said plant, in accord with the ratio between the quantity of Vernon sewage dis- charged into the outfall at Points "B" and "H" and the total sewage delivered at said treatment plant, To determine the amounts of flow passing from Los Angeles into Vernon and from Vernon into the Los Angeles system, at Points "B" and "h", gauging stations should be placed at these points, the cost of which stations should be paid as follows: Those at the points on the northerly boundary line of Vernon, where Los Angeles sewage enters the City of Vernon, by the City of Los Angeles; and those at the westerly boundary line of Vernon, where the combined flow enters the Los Angeles system at Points "B" and "H" by the City of Vernon. I recommend that the Council instruct the City Attorney to prepare a contract between the two cities, which shall require as follows: FIRST: That the City of Vernon shall, within six months after the execution of this contract, pay the said amount of 4173,496 for the disposal of said 6 second feet from Vernon into the Los Angeles system at Point "B", and that upon this payment the City of Vernon be entitled to discharge 13.8 second feet into the Los Angeles system at said Point "B", or that the City of Vernon shall be entitled to a division of this 13.8 second feet at Points "B" and "H" with the understanding that the total amount of sewage from Vernon to enter the Los Angeles system at Point "H" shall not exceed 5.6 second feet. SECOND: That the City of Vernon shall at the same time pay Los Angeles the sum of 036,200 toward the construction of the pro- posed relief sewer between Points "B" and "C", THIRD: That the City of Vernon shall pay Los Angeles the said sum of 461,745 at the same time that it pays the aforesaid sums of 4173,496 and 436,200, and that the said total of 4271,441 shall be placed in said Engineering Department Sewage Disposal (Board 5-13-29) Fund so as to be available for Los Angeles to use in the const- ruction of the relief sewer between Points "A" and "C". I further recommend that I be instructed to prepare the necessary plans and specifications required for said relief sewer and submit same to your Honorable Board for its construction as soon as the proposed contract above recommended has been executed. (#15540 - W.T.K.) Respectfully submitted, City Engineer File 4-P-6 April 2, 1937 Mr. Paul G. Ritter, President Board of Public Works City Hall, Los Angeles Dear Mr, Ritter: With reference to our conversation yesterday, City of Vernon hereby requests that consent be given by your Honorable Board for the flow of not to exceed 6.0 cu- bic feet per second of waste water, from paper mills locat- ed within City of Vernon, through the Storm Drain Lateral (about to be constructed as a W.P.A. Project) from approxi- mately 57th Street and. Slauson Avenue, to Hooper and. Slauson Avenues. With this consent granted, City of Vernon will make necessary arrangement with Works Progress Administration for increasing the pipe sizes so that capacities of same will be correspondingly greater than that originally planned for storm water. This request is the only practical method now open to City of Vernon for immediately relieving your sani- tary sewer outfall of some three to four cu. ft. per second at 57th St. and Slauson Ave., and we trust your consent may be given before the Works Progress Administration will have bought and installed the smaller pipe. Yours very truly Francis Bates Acting City Engineer 1113:B File 3-T-2 April 9, 1937 Works Progress Administration 1206 Santee Street Los Angeles, California Attention: C. L. Hahn, Supervisor Operations Division Dear Sir: With reference to our recent discussion in regard to enlarging pipe sizes in proposed. Slauson Avenue Storm-Drain Lateral, Westerly from approxi- mately 57th and Alameda Streets, in order to accom- modate an additional flow of 6 cu. ft. per second of waste water from paper mills located within City of Vernon: I understand that Works Progress Admin- istration is furnishing both labor and materials for this construction, and that you would be agree- able to increasing the size of pipes, providing Vernon would pay for the extra cost of same. This arrangement would be satisfactory to Vernon, and I advised that the money would be forthcoming when you will have determined the required amount. Mr. Ormond. Stone, of your office, now informs me that in response to his request for design infor- mation, from Los Angeles City, the latter advises that the existing design is adequate to carry the additional 6 cu. ft. per sec. of waste water, over and above that required for storm water. While City of Los Angeles is probably right with reApect to the larger pipes, Westerly from Long Beach Blvd., it seems to me improbable that their statement would hold true for the smaller pipes at the Easterly end, wherein 6 cu. ft, per sec. would occupy about 42 per cent of the total capacity. City of Vernon could hardly afford to predi- cate a permanent solution of its waste-water problem upon this verbal statement from Los Angeles City Engineer's office, but would much prefer to partici- C. L. HahnL W.P.A. -2- Aril 9L 1937 pate now in the cost in order that it may be assured of a definite allocation in the capacity flow. From study of detailed plans for this construction, I have determined that the following changes would be required in order to permit the additional flow of 6 cu. ft. per sec. without encroachment upon storm-water capa- cities as originally planned: 521 ft. 24" R.C.P. - Change to 521 ft. 27" R.C.P 275 ft. 27" R.C.P. - Change to 275 ft. 30" R.C.P. 305 ft. 33" R.C.P. - Change to 305 ft. 36" R.C.P. 652 ft. 36" Arch Sect. Change to 652 ft. 39" Arch Sect. If still agreeable with you, I would appreciate having an estimate of cost, based on the above, together with an outline of such further procedure as may be re- quired of City of Vernon in order to bring about the in- stallation of the larger pipes, and the acquirement of the right to the use of the increased capacity for flow of our clean waste water from the paper mills. Yours very truly Francis Bates Acting City Engineer FB.B