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Ordinance No. 619 .. " . 1 ORDINANCE NO. 618 , 2 AN ORDINANCE OF THE CI'fi OF VERNON .FIXING THE RATE OF 'fAXES AND LEVYING 'ME TAXES FOR THE FISCAL YEAR BEGINNING July 1, 1949. 10 11 3 4 5 6 7 8 9 THE CITY COUNCIL OF THE CI'fi OF VERNON .DOES ORDAIN AS FOLLOWS: Section 1. That for the purpose of raising the sUll of money to be raised by taxation upon taxable property in the City of Vernon as revenue to carry on.the various departments of the City for the fiscal year beginning July~, 1949, the rate of taxes for the dif'f'erent portions of the City of Vernon are hereby f'ixed and the taxes are hereby levied on all taxable property in the dif'ferent portions ot said city' 12, tor the fiscal rear beginning July 1, 1949, in the number of ~:;: .'. ~ 1~" ) 1~ " 15 18 <l 26 'z C ... 0: It: = ~.. 27 <( .. - 0 00> z 5 ~ ~ oo~oUlU';' 28 "::>0: ~, . z o :to'" 0 ~. . .. ....>~.o: g 2ai.......~ .129' l:: <l 0 u .. oZ>~;;: z ~ Ol--u 0 :I: UlUO.....~ 30 0:: .. " .J <( ~..~ ~ U :: ~ 31 :t 16' cents upon each one hundred dollars of the assessed value of saidproparty, as assessed by the County Assessor and equalized by the Board of Supervisors of'said County of Los Angeles, and f'or the several tunds and purposes set forth in the following table, the taxeslavied upon property in each portion of said City herainaf'tar described and designated 01 a District number, being at the rates set opposite the designa- tionsot the respective funds in the column headed br the' district number which is prefixed to the description of eaoh suohportionof said City, as hereinafter stated. 17 19 20 21 22 23 DISTRIC'f NO.1: All that portion of the City of Vernon included within the boundaries thereof as criginally incorporatedjall that territory annexed to the City of Vernon at annexation election held July 9, 1925, and known, 24 25 as VERNON AVENUE ANNEXATION: all that territory annexed. to the City of' Vernon at annexation eleotion held October 3, 1928 and known as VERNON AND OOWHEYTERRI'l'ORY. DISTFa:CT NO.2: All that terri toJ?Y~ annexed to the City of Vernon at annexation election held October 26, 32 1. :! 26 z C ... 0: It: = ~ .. 27 <( .. - 0 oo~ z 5 ~ ~ ..OOd...u III 28 o::>o:~,.z :tOIdO~. ~ ....>~o: g -oo.......~.J 2.9 ~ <tou .111 oz>~gz~ ot-uO:l: (1)00..... ~ 30 It: .. Cl .J <( ~ ~ = U ::~ 31 :t .. ,I 1 1920 known as INDUSTRIAL TRACT; all that territory annexed 2 to the City of Vernon at annexation election held February 3 20, 1914, known as FRUITLAND TRACT; all that territory an- 4 nexed to the City of' Vernon at annexation election held Feb- 5 ruary 20, 1914 and known 'as HAY TRACT; all that territory ,6 annexed to the City of' VernoQ at annexation election held 7 January 9, 1926, and known as CENTRAL MANUFACTURING DISTRICT. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TABLE ASSESSED VALUE: Taxation District No. 1 . . . .,. . . . . . . . . . .. . $59,807,ltoO.00 51+,631,110.00 11lt,lt38,510.00 55,269,950.00 34,892,970.00 35,9lt9,990.00 Taxation District No. 2 .. . ... .... ..... .. Total . . . . . . . . . . . . . . . Vernon Sewer District No. 1 ............. M.I.D. #1 Ii.I.D. #2 .... '. .. . ... .. ... ... . .... .. . .. .. ..... .. . . ... . . . . . . .. . . . . . ... . .. Tax Distriet No. 1 Tax District No. 2 , For General Budget Fund For Bond Interest and Redemption Fund .08 .08 Total General tax rate .012 .092. .002 .082. Section 2. That in addition totbe foregoing taxes there is hereby levied upon all taxable property in the several sewer and municipal improvement districts of said City for the fiscal year July 1, 1949 in the nUJl'lber of the cents upon each $100.00 of' the assessed value of' said property as assessed by the County Assessor and equalized by the Board of' Supervis- ors of' the County of Los Angeles, f'or the several f'unds and purposes set f'orth in the f'ollowing table: 32 2. <l 26 z c ... 0: It: =~..27 <( .. - 0 00> z 5 ~ ~ oo~oUlU';' 28 ~::>o:~,.z .. :tOld g ~ ;; u....>.J<lO -oo.......ll..J 29 :: .<( 0 u. . Id oz>-~;;:z~ O"'-u 0 :I: UlUo: ~; 30 It: Ul Z .. <( 0 _ .. U ::~ 31 :t ~ .. ....' 1 2 3 TABLE Vernon Sewer District No. 1 . . . . . . . . . .025, .01; .ol:f. Bond Interest and Redemption fund . 4 Maintenance . . . . . . . . . . . . . . .. . . . . . 5 Total Sewer District No. 1 Tax Rate 6 7 8 9 M.I.D.'No. 1 M.I.D.No. 2 Bond Interest and Sinking Fund .025 .02 10 Total M.I.D. ' Tax Rate .02 .025 11 12 Section 3. There being no newspaper printed, 13 published and circulated in the City of Varnon, the City Clerk 14 is hereby directed toeertif'y to the passage of' this Ordi- 15 nance and shall post same, or causa same to be posted in 16 three of the most public places in the Cityof' Vernon, to-wit: 17 18 The Northwest corner of' 38th Street and Santa Fe Avenue, the Northwest corner of' 37th Street and Santa Fe Avenue, and 19 20 21 22 23 24 the Bulletin Board in the lobby of the City Hall of the City of Ve~on, located at 4305 Santa Fe Avenue, and that immediate11 upon the posting thereof' thisordinanee shall be in full force and ef'f'ect. 25 Attest :, 32 3. STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) t, T. J. Furlong, City Clerk of' the City of Vernon, do hereby certify that the f'oregoing Ordinance No. 619 was duly and regularly introduced at a regular meeting of the City Council of said City of' Vernon held on August 16, 1949, and thereafter f'inally adopted at an adjourned regular meeting of said City Council held on August 23, 1949, by the following vote: AYES: Anderson, Furlong, Mailliard, Trowbridge NOES: None ABSENT: Leonis -4- ~ ~.. <l 26 z C ... 0: It: = ~.. 27 <( .. - 0 oo~ z 5 ~ ~ ILOOz~",UIll 28 o::>o:~, .z :tOIdO~~ ~.I">~ 0: 0 -oo.......Q.<l.J29 l:: <l 0 U .. oz>-~;;: z ~ O"'-u 0 :I: Uluo~~;30 It: III Z .. <( 0 _ t- U :: ~ ::l 31 :t 2 3 4 5 6 7 8 9 10 12 . . , " ..."", ~ l ,..... 1 AFFIDAVIT OF POSTING State of California ) ) . . ) ) County of' Los Angeles Clty of Vernon I, '1'. J. FURLONG, City Olerk of. the City of Vernon, do hereby certif'y that I did on the 26:aa. day of Augns t, 1949, post 3 eopies of' ordinance No. 619, in the following places to-wit: At the Northwest corner of' 38th Street and Santa Fe 11 Avenue, at the Northwest corne r of 37th Street and Santa Fe Avenue, and at the entrance to the City Hall, located at 4305 Santa Fe Avenue, there being no newspaper of general circu- lation printed and published in the City .of' Vernon. Signed this,,<3 day of' ~~ , 1949. 13 14 15 ernon, 16 17 18 Subscribed and sworn to before me 19 this ~da1 ~~, 1949. Nota~~~~~ount1 of' Los Angeles, s tate of' Calif'ornia. My Commission Expires March 10, 1953 20 21 22 23 24 25 32 -5- SUPPORTING DOCUMENTS 10 11 12 13 14 15 J '\ '" e e (. ~ 1 FRED N. HOWSER, Attorney General BAYARD RHONE, Deputy Attorney General 600 State Building , Los Angeles 12 California Telephone: MAdison 6-1515 Attorneys for Plaintiff 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF IDS ANGELES THE PEOPLE OF THE STATE OF 9 CALIFORNIA, No. 489,890 Plaintiff, ORDER TO SHOW CAUSE WHY CERTAIN DEFENDANTS SHOUlD NOT BE PUNISHm> FOR CONT~PT. v. CITY OF IDS ANGELES, A MUNICIPAL CORPORATION, et al., 1~ Defendants. 17 On reading and filing the affidavit of John T. 18 Leggett charging the City of Ve~non, a Municipal Corpor- . . 19 a tion, and its officers, agents and employees thereof, 20 who are defendants, and their successors, with contempt 21 of this court, and upon the record and files herein,and 22 sufficient cause appearing therefor, 23 IT IS ORDERED tha tthe said CITY OF VERNON, a 24 Municipal Corporation, John B. Leonis, C. .W. Trowbridge, 25 c. H.. Maillie.rd, Genevieve Anderson and R., J. Furlong, 26 as members of the City Council of the City of Vernon" and 27 Franois Bates, as City Engineer of the City of Vernon, be 28 and appear before this court in open court at the oourt- 29 i!ooms ofDepa~tment 20 thereof located on the 15th floor 30 o.f the City Hall, Los Angeles, California, on the 3rd day 31 of January, 1950, at the hour of 9:30 o'olook a.m." to ;1 t- .~ 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 BR. ,bd e e . It. ,I show cause why they and each of them should not be. punished for contempt as in said affidavit alleged. It is hereby ordered that a copy of said affidavit and of this order be served upon the persons spec1fically named in the preceding paragraJ;h and on the City of Vernon, at least five days before said date of hearing. Dated: this o-dday of L:J6(E , 19~. 1A t!..r.1=?f/."5 JlJDGE. 2. 10 11 12 13 14 t ."r' ..~ e e 1 FRED N. HanSER I At tomey General of the State of California BAYARD RHONE, Deputy Attorney General 600 State Building Los Angeles 12 t Ca11fornia Telephone : MAd:I.son 6-1515 Attorneys for Plaintiff 2 3 4 5 6 7 8 IN '!HE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES 9 THE PEOPLE OF 'mE STATE OF CALIFORNIA , No. 489,890 AFFIDAVIT OF JOHN T. UDGEn'T OF CONTD1PT OF CERTAIN DEFnIDANTS IN FAIL- ING TO OBEY JUDGMENT. Plaintiff, v. 15 C~TY OF 100 ANGEIES, et al." 16 Defendants . 17 18 19 S'l'ATE OF CAI.IFCIRNIA ~ ss. COUNTY OF LOS ANGEIBS ~ JOHN T. IJilJGETT, being first duly sworn, deposes 20 and . says: 21 1. '!hat he is an assistant sanitary engineer em- 22 ployed by the Bureau of Sanitary Engineering of the State , ~ 23 Department of Public Health, IDs Angeles, California, and 24 as such is familiar with the terms and provisions of the 25 judgment entered in the above entitled action, the means 26 by which the public nuisance found to exist was directed. by' Zl this Honorable Court to be abated, the steps and proceedings 28 taken by the Mayor" members of the City Counoil and the City 29 Engineer of the City of Vernon to canply With the orders 30 and dit'ect1ons contained in said judgment respecting the 31 abatement of said public nuisance, and the progress of con- 32 , , e e .. L 1 struotion by the defendant City of Los Angeles of the new high rate aoti vated sludge treatment plant and submarine outfall at Hyperion. 2. That :1m:nediate ly subsequent to the entry of judgment in the above entitled action each and every defend- ant in this prooeeding personally raoei ved notioe that such judgment had been entered; that during the month of Februsry, 1946, each and every defendant named in this proceeding per- sonally received a true and correct oopy of the FindingS of Fact and Conclusions of Law and Judgment in this matter; that on February 15, 1946 the City of Vernon and its respeotive officers defendant filed herein a Notice of Intention to Move for a New Trial; that an appeal was later perfected by the City of Vernon and its respective officers defendant fram said judgment to the District Court of Appeal, Second Appel- late District of the State of California; that said Court on February 11, 1948 affirmed the judgment of this Court as entered; that the opinion of said District Court of Appeal is reported as People v. City of Los Angeles. et al., in 83 Cal. App. 2d 627; that on or about August 7, 1948 the City of Vernon and its respective officers filed a Petition for a Writ of Certiorari in the United States Supreme Court, whioh Writ was denied in October, 1948; and the judgment of this Court is now final. 3. That the following named persons now OOCUPY' am at all times since February 1, 1946 have occupied and are the duly and regularly qualified holders of the offices of the City of Vernon, designated opposite their respective 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 names: 30 Name Office Member of City Council " " " " 31 John B. I.eonis C. W. Trowbridge 2. . . , e e 't 1 Name Office C. H. Ma.111iard Member of City Council " " II' " Genevieve Anderson 2 3 4 Francis Bates City Engtneer; that at all times fran and after April 20, 1948 R. J. Fur long has been and now is a member of the City Council of the City of Vernon, and is the successor to J. J. Poxon. That each of said persons named above has personal knowledge of all the terms and provisions of said judgment and is fully aware of the requirements imposed upon the City of Vernon for the abatement of said nuisance. 4. That the defendant City of ws Angeles has, subsequent to the entry of said judgment, proceeded With the oonstruction of a new treatment plant and submartne tube as required by said judgment to the potnt where the entire pro- jeot is more than 50% o omp1eted ; that among the permanent structures of said project said defendant completed and placed tn operation on May 15, 1947, the Sterilization Plant at a cost of $237,811.00 and canp1eted and placed in opera- tion on September 2, 1949, the 5oo0-foot submartne outfall at a oost of $3,517,871.00; that in conneotion with the con- struction of the entire project the defendant City of ws Ange 1es together with the other corporate defendants that have joined with said City of Los Angeles have tnourred ob- ligations and liabilities in excess of $38,000,000 and have expended and have due on accounts payable a sum in excess of $21,000,000. 5. That it is further provided in said judgment as follows: "IT IS FURT.HER ORDERED, ADJUDGED AND nEXmEED that as to eaoh corporate defendant that does 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '2:1 28 29 30 31 3. e e 7 "adopt some method of disposing of sewage origin- ating Within its corporate limits other than by a new treatment plant at or near Hyperion that each such corporate defendant proceed With the preparation of necessary plans and specifica- tions therefor and the necessary construction thereof for the safe and san! tary disposal of sewage With a.ll expedition, and the same must be completed and in operation not later than December 31, 1947. "IT IS FURTHER ORDERED, ADJUDGED AND DEDREED that as to those corporate defendants who do not adopt some method of disposing of sewage originat1ngin the corporate limits of such de- fendant other than a new treatment works at I Hyperion, that such defendant shall Within ninety days after the entry of this decree have filed an application with the State Department of Public Health of the State of California for a permit to discharge its sewage through a pro- posed new treatment plant to be built at Hyperion, and that such defendant shall have by said time completed all arrangements necessary for the financing of its proportionate share of said new treatment plant or works according to the gallonage al10ted to said corporation, ,so that said share Will be available as required. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Z7 28 29 nIT IS FURTHER ORDmED, ADJUDGED AND .nEVREED that each corporate defendant herein be and is hereby required and ordered to report to this 30 31 4. 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 ?:1 28 29 30 31 e e " oourt on or before the 29th day of April, 1946, in detail, the arrangements it has made for the raising of funds, or other finanoial arrangements, for the payment of its propor- tionate share of the oost of any new treatment plant or works." 6. That neither the City of Vernon, nor any of the members of its City Counoil nor its Cit,1 Engineer, nor a:rry other person or body has adopted any method of dis- posing of sewage originating Within its oorporate 11m1ts other than through a new treatment plant at or near H:y:perionj that neither the, City of Vernon nor the members of its City Counoil nor its City Engineer, nor any other person or body has taken any action of any kind whatever to proceed with the preparation of plans and speoifioations or to oonstruot any sewage treatment plant. 7. That said City of Vernon ha.S at all t1D1es subsequent to the entry of judgment herein, now is and in- tends to and Will oontinue to dispose of sewage originating Within its oorporate limits through. the Los Angeles Sewer System and the new treatment plant and submarine outfall at Hyperibn and has offioially advised this Court in action No. 448132 "That plaintiff (The City of Vernon) has no other method of disposing of sewage originating Within its oor- porate l.1m1ts other than by the use of the treatment works at Hyperion, and the only method by whioh said sewage may be disoharged is by oonneotion with the !.Ds Angeles Sewage Sys tem" . 8. 'lha.t on August 24, 1949, said City of Vernon by and through its offioi.als herein named and by R. J. Furlong, its Mayor, filed an applioation With the State 5. . .. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 e e 9 Department of Public Health for a permit to discharge its sewage through the OUtfall Sewer System, Treatment Plant and S.u'bJr1ar:.tne Tube ow:n.ed and operated by the City of Los Angeles., and into the Pacific Ocean at HYPerionj and in said applica- tion stated: "This application is made pursuant to the Order of the Superior Court of the State of California, in and for the County of Los Angeles, contained in that certain Judgment of said Court dated the 31st day of January, 1946, in that certain case entitled, 'The People of the State of California, Plaintiff, vs. The City of Los Angeles, a municipal corporation, Defendants', end numbered 489-890." That said. application was incomplete and was returned to the City of Vernon for that reasonj that said application has not been completed, nor has an amended or new application been presented to said Department of Public Health. 9. That during the period from the date of entry , ' of judgment in this action, to wit: February 1, 1946, to date, neither the City of Vernon nor any of the members of its City Council, its Mayor or City Engineer, including the persons holding such offices as alleged in paragraph 3 above s have or has individually or collectively, exercised any of its or their official duties, powers or ftmctions as a muni- cipal corporation or as the governing or adrn:lnistrative bodies or officials of said municipal corporation to levy a tax, or set in motion by the enactment of an ordinance, adoption of a resolution or otherwise, any proceedingS for the submission to the electors of said municipal corporation of .a proposition for the incurring of a bonded indebtedness, 6. e e 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 'Zl 28 29 30 31 or prescribe and impose any fees, tolls I rentals or other charges, or by any other system, method, plan or device to provide the means by which said municipal corporation could or might raise, accumulate or collect the monies necessary for the payment of said city's proportionate share of the cost of construction of the new treatment plant and submar'" ine outfall at Hyperion so that its share would be available as required; that no action has been taken to appropriate an:: funds for such purpose; that on June 30, 1949 there was a balance on hand with the Treasurer of the City of Vernon the sun of $405,697.62 in the General fund, and $1,491, 103.16 in the Special fund. 10. That said City of Vernon by and through. its officers and agents herein named admits that it and such of- ficers and agents have not complied with unm.xnbered para-' graphs 16 and 17 of the judgment entered herein and state in paragraph rv of the Report of the City of Vernon Re Compli- ance with Judgment filed herein on or about August 26, 1949, as follows: "That as to the portion of the judgment rendered herein, whereby defendants who do not adopt some' method of disposing of sewage origin'" ating within their corporate limits other than the new treatment works at Hyperian are required to report to this Court on or before the 29th day of April, 1946, the arrangements each has made for the raising of funds, or other financial ar- rangements for the payment of its respective proportionate share of the cost of any new treat- ment plant or works, the City of Vernon has here- inabove stated its reasons for not having complied 7. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (' e e 1 "With that provision of the judgment, ***. ff 11. That said City of Vernon and its officers and agents herein named have the ability to comply with the judg- ment of this court in that said officers and agents are the duly elected, qualified and acting officers and agents of said municipal corporation in the performance of its function and the exercise of its powers as such municipal corporation; that said City of Vernon has the taxing power and resources from which to raise the funds with tII.'hich to pay its propor- tionate share of the cost of said treatment plant and sub- marine outfall at Hyperion; that said taxing powers and re- sources are more fully disclosed in its ordinances No. 617 and No. 619, being its tax levying ordinances for the fiscal years 1948-49 and 1949-50 respectively, photostatic copies of which are attached hereto marked Exh.1bi ts "A" and ItB II res- pectively, and made a part hereof as if herein set forth at length. 2 3 4 5 6 7 8 9 25 WHEREFORE, the affiant prays that an order be issued to the City of Vernon and all its officers, agents, and emploYees who are named defendants in this proceeding, and their successors, to wit: Jolm B. Leonis, C. w. , , Trowbridge, C. H. Mailliard, Genevieve Anderson, R. J. Furlong and Francis Bates, to show cause Why they and each of them should not be adjudged in contempt of court I and upon the proof of the charges contained herein that they and each of them be adjudged in contempt of court. 26 27 28 JOHN T. LEGGETT 29 Subscribed and sworn to before me this 2nd day of December, 1949. KATHRYN BUCKMAN NOTARY PuBLIC in and for said County and State 30 31 8.