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Ordinance No. 524 EL$:TPH 2/6/39 copy 10 ORDINANCE NO. 524 AN ORDINANCE OF INTENTION OF THE CITY OF VERNON RE- LATING TO SEWERS, AND TO A CONTRACT RELATING THERETO BETWEEN THE CITIES OF VERNON AND LOS ANGELES PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF SEWERS AND THE ACQUISITION OF RIGHTS IN THE OUTFALL SEWERS AND DISPOSAL WORKS OF THE CITY OF LOS ANGELES, FOR THE CREATION OF A DISTRICT TO BE TAXED AND ASSESSED TO PAY THE COST THEREOF, AND TO BE TAXED AND ASSESSED TO PAY THE ANNUAL COST OF THE MAINTENANCE AND OPERATION THEREOF, DETERMINING THE ESTIMATED COSTS, AND PROVIDING FOR PROTESTS AGAINST THE FORMATION AND EXTENT OF SUCH DISTRICT, THE INCLUSION OF LANDS THEREIN, OR THE ACQ.UISITION OF SAID RIGHTS, OR THE COST THEREOF, AND AGAINST SAID ANNUAL CHARGE, AND FIXING THE DATE FOR HEARING SAID PROTESTS, AND DECLARING THE INTENTION OF SAID COUNCIL TO ORDER AN ELECTION IN SAID DISTRICT. VrnEREAS, the inhabitants of the district hereinafter described require, and the public convenience and necessity require, for the sanitation of said district, that means of disposing of all sewage originating within said district be provided, and there are now located in said district sewers for gathering sewage originating therein, but said sewers have no outlet in the City of Vernon, and the physical condition of said district so hereinafter described is such that said sewage cannot be disposed of within said city, and the estimated cost of acquiring, constructing and completing outlets from said sewers to the Pacific Ocean, which is the nearest place wherein sewage from said district can be disposed of, and including sewage disposal and treatment plants, and other necessary property, would be more than the annual income and revenue of said city, and there are also within said district sewers without outlets or other means of disposing of any sewage gathered therein and because thereof' said sewers so constructed and now without outlets are useless, and the inhabitants of said district are unable to connect therewith or use the same in any manner; and WHEREAS, the City of Vernon did heretofore on the 10th day of August, 1938, enter into a joint agreement for the joint con- struction and maintenance of sewers, outfall sewers, or other conduits all as provided for in Section IV of an Act of the Legislature approved March 22, 1909, Statutes of 1909, Page 677, entitled "An Act authoriz- ing municipal corporations to permit other municipal corporations to construct and maintain sewers, watermains, and other conduits therein, also to construct and maintain sewers, watermains, and other conduits for their joint benefit, and at their joint expense, and to make and enter into contracts for said purposes" providing for the joint construction, use and operation of a sewer system and sewage disposal works and for the proportionate part of the cost and expense of the construction, operation and maintenance of such sewers, outfall sewers, and other conduits required to be paid by the City of Vernon, all as provided for in said joint agreement entered into by the city of Vernon and the City of Los Angeles, a copy of which said joint agreement is on file in the office of the City Clerk of the City of Vernon, and to which said joint agreement reference is hereby made for a more complete and detailed description of the extent of the improvement; and WHEREAS, the public interest and convenience require that the district in the City of Vernon specially benefited by the construction of the sewers and works and by the acquisition of the rights provided for in said contract, shall be taxed and as- sessed to pay the cost thereof and the incidental expense in con- nection with said improvement, and in the judgment of this council the district hereinafter described embraces all the land benefited and to be benefited by said works and improvements, and by acqui- sition of said rights and no land is included in said district that is not so specially benefited, and no part or portion of the City of Vernon except that embraced within said district will be benefited by said improvement; NOW, THEREFORE, be it ordained by the City Council of the City of Vernon: Section 1: That the public interest and convenience require that a district to be located wholly within the City of -2- Vernon and to be known, numbered and designated as "City of Vernon Sewer District No. One", be formed and created under the provisions of the Act of the Legislature known as the "Municipal Sewer District Act of 1939". Section 2: That there is now on file in the office of the Clerk of this Council an agreement between the City of Vernon and the City of Los Angeles, dated August 10, 1938, pro- viding for the acquisition of rights by the City of Vernon to flow sewage in certain sewers of the City of Los Angeles, and providing for the use of said sewers and the treatment works and plants of the City of Los Angeles, and for the construction of certain gauging stations, measuring devices, and sewers and connec- tions with sewers, and the payment therefor by said City of Vernon, including charges for interest, and said City of Vernon has paid part of said charges and is entitled to the return thereof; that said contract is hereby referred to for further particulars; that said contract and the rights to be acquired thereunder and the works to be acquired and constructed are of special benefit to the district hereinafter described, and said district has been specially benefited by the sums heretofore paid on account thereof by the City of Vernon, and is and will be specially benefited by the rights and privileges to be obtained under said contract and without the rights thereby provided to be acquired, said district and its in- habitants will be unable to adequately dispose of its sewage; that the proper sanitation of said district requires and demands, and it is necessary and convenient therefor, that said contract be carried out and the payments provided therein be made and the works and rights therein described be constructed and acquired; that it is the intention of the City of Vernon to acquire the rights and property provided for in said contract for the benefit of the in- habitants of the district hereinafter described and to tax and -3- assess said district to pay the cost thereof; that the total estimated cost of the proposed improvement including the acqui- sition of the rights and property described in said contract, and the incidental expense in connection therewith, including the repayment to the City of Vernon of the sums heretofore paid by it for the benefit of said district, is the sum of Three Hundred and Fifty Thousand Dollars ($350,000.00), and said sum is the amount of the indebtedness proposed to be incurred for said purpose. Section 3: That it is the intention of the City Council of said City to create a district so named and numbered of all of the City of Vernon located within the following described boundaries, and that the exterior boundaries of said district so to be created is described as follows, to wit: Beginning at the intersection of the Northerly boundary line of the City of Vernon with the Westerly boundary line of the City of Vernon, as said boundary lines existed January 1, 1938, thence Southerly along said Westerly boundary line to its intersection with the Southerly boundary line of the City of Vernon, thence Easterly along said southerly boundary line and continuing on, upon, and along said boundary line following all of its various courses and distances to its intersection with the Westerly line of Tract No. 2836 as shown on map recorded in Book 35, pages 88 and 89 of Maps Records of Los Angeles County, California; thence Southerly along aforesaid Westerly line of Tract No. 2836 to its intersection with a line that is parallel with and 200 feet Southerly measured at right angles from the Southerly line of Fruitland Avenue Extension a s shown on :Map of Tract 6452 recorded in Book 94, pages 77 and 78 of Maps, Records of Los Angeles County; thence Easterly along said parallel line to its intersection with the Southerly prolongation of the Easterly line of said Tract 6452; thence Northerly along said last mentioned Southerly prolongation of the Easterly line of Tract 6452 and Northerly along said last mentioned Easterly line of Tract 6452 and the Northerly prolongation thereof to its intersection with a line being the Westerly prolongation of the Northerly line of Lot 2 of the 500 Acre Tract of the Los Angeles Fruitland Association as shown on map thereof recorded in Book 3, pages 156 and 157 of Miscellaneous Records of said County; thence Easterly along said last mentioned prolongation of the Northerly line of said Lot 2 and along the Northerly line of said Lot 2 to its intersection with the Southerly prolongation of the westerly line of Lot 4 Jno. R. Taylor's Vernon Avenue Villa Lots as shown on map thereof recorded in Book 4, page 42 of Maps, Records of Los Angeles County, thence Northerly along said Southerly prolongation of said Lot 4 and along the Westerly line of Lot 4 to the Northwesterly corner of Lot 4, thence Easterly along the Northerly lines of Lots 4 and 5 of said Jno. R. Taylor'S Vernon Avenue Villa Lots to the intersection of the Northerly -4- line of said Lot 5 with the Southwesterly line or the Los Angeles County Flood Control Channel as shown on map thereof filed in case number B-75288 of the Superior Court of the state of California in and for the County of Los Angeles; thence Northwesterly in a direct line to the Southwesterly corner of Lot 11 Tract 9734, as shown on map thereof recorded in Book 160, pages 5 and 6 of Maps Records of Los Angeles County; thence Northerly along the Westerly lines of Lots 11 and 10 of said Tract No. 9734 and along the Northerly prolongation of said last-mentioned Westerly line of Lot 10 to its intersection with said Northerly boundary line of the City of Vernon; thence Westerly along said Northerly boundary line to the point of beginning; subject to modification as provided by law. That a map showing the exterior boundaries of said district with relation to the territory contiguous thereto, and a more detailed description of said proposed improvement, is on file in the office of the City Clerk of the City of Vernon, California, and reference thereto is hereby made. Section 4: That a general description of the said pro- posed improvement to be acquired and constructed is: The construction and acquisition of sewers in said district in the City of Vernon and the construction of outlets for sewers already constructed in said district for collecting and dis- posing of the sewage of said district, including the acquisition and construction of all necessary machinery, apparatus and other property to enable said sewage to be gathered and collected, includ- ing the acquisition of rights in sewers and outfall sewers of the City of Los Angeles to enable the sewage of said district to be disposed of by flowing the same through said sewers and outfall sewers of the City of Los Angeles and its works and plants to and into the Pacific Ocean, all as more particularly described and set forth in said contract dated August 10, 1938, hereinabove referred to. Section 5: That it is the intention of the City Council -5- of the City of Vernon to submit to the qualified voters in said district, the proposition of incurring indebtedness by the issuance of bonds of such district to pay the cost and expense of the proposed improvement, in the sum and for the purposes men- tioned in Section 2 or this ordinance and in other sections hereof more particularly described; and in the event the qualified voters of said district, voting upon said question at an election held in accordance with said Act shall vote favorably thereon, bonds for the amount approved will be issued and sold, in accordance with said Act and the laws of this state, and taxes to pay said bonds will thereafter be levied as provided by law. Section 6: That it is the intention of the City Council of the city of Vernon to charge and assess the annual expense of the maintenance and operation of said improvement and the annual amount to be paid toward the maintenance and operation of said sewer system of the City of Los Angeles against said "City of Vernon Sewer District No. Oneil; that the amount estimated as necessary to be paid annually hereafter as the cost of such maintenance and operation is the sum of $9000.00 ; that it is the intention of the City Council of said City of Vernon to submit to the qualified voters in said "City of Vernon Sewer District No. One" at an election duly called, the question of the imposition of said annual charge for such maintenance and operation upon said district and in the event that two-thirds of the qualified voters voting at said election shall vote favorably upon said question the City Council of the City of Vernon may each year thereafter levy and assess or cause to be levied and assessed upon the property in said district, a tax clearly sufficient to pay and discharge the annual charge for the maintenance and operation of said sewer system chargeable to said district. -6- Section 7: That protests and objections by all or any persons interested in the formation of said district or its extent, or to the proposed improvement, or to the acquisition of said rights proposed to be acquired, or the cost thereof, or to the inclusion of property in said district, or against the annual charge or the amount thereof to be paid by said district toward the maintenance and operation of the improvement and toward the maintenance and operation of the portion of the Los Angeles sewers to be used for the flowage of the sewage of said district, or to anyone or more of said matters, shall be filed with the City Clerk of the City of Vernon, at or before the hour of 3:00 P.M., March 8, 1939, and said City Council will at said time hear any and all of said protests and objections and rule thereon, and said 8th day of March, 1939, at the hour of 3:00 P.M., is hereby fixed as the time for said hearing, and it shall be held in the Council Chamber of said City of Vernon. That in the event any of said protests are against the boundaries of said district, the City Council will modify the boundaries of said district as prOVided by said Act of the Legis- lature. That if said protests are denied, or none are filed, said City Council will submit to the voters of said district the prop- ositions of incurring indebtedness as above described, and of taxing and assessing said district for the annual charge of the cost of the operation and maintenance of said sewers, and will hold an election in said district at a time to be fixed by said Council, and said election will be held in said district as provided by law. Section 8: There is no newspaper printed and pub- lished within said City of Vernon. The City Clerk shall certify to the~assage and adoption of this ordinance and to its approval by the Mayor. And, thereupon said ordinance shall be posted by or -7- under the direction of the City Clerk in three public places in said City, two of which said places shall be within said district proposed to be created. Said ordinance shall be posted a.t least three weeks prior to the date herein fixed for hearing said protests, and shall take effect and be in force two weeks after the date of such posting. Passed and adopted by the City Council of the City ~~ '7Y?7. of Vernon, California, at a~~egular meeting of sa~drdouncil held / day of February, 1939. on the 14 .-) -8- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss City of Vernon ) I, T. J. FURLONG, City Clerk of the City of Vernon, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the fore- going Ordinance was duly and regularly introduced at a regular meeting of the said City Council held on the 7th. day of Feb- ruary, 1939, and thereafter finally adopted by the City Council of the City of Vernon, and approved and signed by the Mayor of said City, and attested by the City Clerk of said City, at an adjourned regular meeting of said City Council held on the 14th day of February, 1939, by the following vote: AYES: SCheider, Peral ta, Pur long NOES: None ABSENT: Leoni s, Levy WITNESS my hand and the seal of said City. ~ /... . . tI .-r ..~(!.8 O~f --. . .. ., California. -9- AIvIENDED AFFIDAVlfJ' OF POSTING. STATE OF CALIF'ORNIA ) ) County of Los Angeles: SS ) City of Vernon ) I, T. J. F'UHLONG, City Clerk of the City of Vernon, do certify that I did, on the 14th day of February, 1939, post three copies of Ordinance 524 in the following places: At the northwest corner of 38th Street and Santa Fe Avenue, at the northwest corner of 37th Street and Santa Fe Avenue, and on the bulletin board in the lobby of the City Hall, located at 4305 Santa Fe Avenue, there being no newspaper of general circulation printed and pub- lished in the City of Vernon, all of said places where said Ordinance was so posted are located in the sewer district described in said Ordinance No. 524. Signed this ~ e day of r.__ Subscribed and sworn to before me of June, 1939. G. A. N ~ Notary Public in and "for the County of Los Angeles, State of California. My cow~ission expires March 10, 1941 (Notarial seal) -14~- AFFIDAVIT OF .l.OSTING ,tate of California ) ) ,ounty of Los Angeles~ ) ~ity of Vernon ) I, T. J. FURLONG, City Clerk of the City of Vernon, 10 hereby certify that I did on the 14th day of .Februar~~ ~93j, post 3 copies of Ordi~an~~__9~~__.,..__. , in the -allowing places to-wit: At the northwest corner of 38th Street md Santa Fe Avenue, at t)1e_nor.th~est cor!ler:of 37th Street and {t-t... ~ ~ Op.,..-l..- ~ .L."~ ~ 3anta Fe Avenue, and Q.&. she enln a.'l'i6o Lo the Ci ty Hall, located ~t 4305 Santa Fe Avenue, there being no newspaper of general ::lirculation printed and published in the City of Vernon. ~------ .'it,~: ~~.<L5.:t:b-..d.a'::L-2.f.~ r;'ebruarl 1 93'p. ~ ~--G~ -----.--------