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Resolution No. 1003 ELS : TPH l-I>-o6 . , 4 t: RESOLUTION NO. /0 CJ.3 A BBSOWTIOJl OF THE CITY OF VERNON, CALIFOR.NIA AMENDING AND CORRECTING MINUTES OF AN ADJOURNED REGULAR MEETING OF THE COUNCIL HELD IN THE CITY OF VERNON ON THE 8TH DAY OF MARCH, 1939, AT 3:00 O'CLOCK P.M., AND AUTHORIZING AND INSTRUCT- ING THE CITY CLERK OF THE CITY OF VERNON TO AMEND, MODIFY AND CORRECT THE MINUTES OF SAID MEETING IN ACCORDANCE THEREWITH. WHEREAS, the minutes of an adjourned regular meeting of the City Council of the City of Vernon held on the 8th day of March, 1939, at the hour of 3:00 o'clock P.M. are incomplete in that certain matters considered by the City Council at said adjourned regular meeting bave been omitted from and have not been reported in the minutes of said meeting, particularly in that said minutes fail to :report consideration given by the City Council to the matters contained in Ordinance of Intention No. 524, and to the question of the benefits, if any, to be derived by the property located within the proposed boundaries of City of Vernon Sewer District No. One, and to the question of finally fixing and determining the boundaries of said City of Vernon Sewer District No. One; and WHEREAS, said minutes of the meeting of the City Couneil of March 8, 1939, likewise omit all reference to or men- tion of an oral report to the City Council at that time made by the City Attorney, Thomas V. cassidy; and WHEREAS, this Council is desirous of amending, correct- ing and modifying said minutes to include therein mention and report of those matters; NOW, THEREFORE, BE IT RESOLVED: (1) That the City Clerk of the City of Vernon be, and he is hereby authorized and instructed to amend 1 :,. -~ change and carr,ect the Minutes of' the meeting, o-ftb,e -Ci~,. Council of March 8, 1939, commencing au line 20 page_l of said Minutes, so that' sald,; Minu te s, after ma.king such amendment,mod1fication" cha;oge and correction, bcwtl~e, read as f'ollows: "Thereupon, theMa'1o~as-ked if'any persons were presen1; who desi~6d to be ,heard upon the matter before the Couaeil, or who desired to 'orally protest against, or objec~ to the formation of said dis,triot, or to its extent, or to the pro~ ~:::~ :P~~:~~~~e~~ ':~~~t:~q~~:~t~~~~~:f:~~,~~g~:: i~~- clusion of property in said district, or against the annual charge, or the amountr thereof' to be " paid b)' saiddlstrict to- ward the maintenance' and operation6f thEf'imp:rovement, and,', toward the maintenance and operation of' the portion o:f the Los Angeles Sewers to be used for the flowage of sewage of said district, or, to anyone or more of said matters, and no person present r~spohded to said invitation. "whe.reupon the Council proceeded to consider the con- , tents ,of' ita Ordinance of Intention No. 524, and particular- ly the qu.estion of the proposed boundaries of 01tyof Vernon Sewe:r District No. One as set fortb in said Ordinanceot In-. tention :No. 524, and the benefits, il" any, to be derived from said improvement by the property, and each and _ .every lot, piece or,parDel thereof located within the said proposed boundaries' of said City' of Vernon Sewer District No. One. "The Mayor,thereupori, called upon the City Attorney, Thomas V:. Cassidy, ,for a report to the City Council upon the formation ,of Said City 01" Vernon Sewer District No. .one, the bene.tit~, if ani,.,to be derived by the properties:l&ca:ted within the proposed . boundaries of' said District, .end to re- port upon crther mat.ters'mentioned in Oi'dinanceof Intention No. 524. The" City Attorney thereupon :reported orally to the City Oouncil,in $~bstanoe,as 'f'ollowst , "'l't$at the contract of August 10, 1938" between the, City of Ve~on and the 'City of Los AngeJ..es, providing for the-joint construct,lon,maintenanceand. o,peration " of sew~rs, outfall sewers., ,and other pollduits for the jointbenefi t of the t..o cities, provides the only means whereby a large portion of the property located wi thin the City of Vernon ean ,be furniahed witl:t sewage facilities; that said contractor August 10, 1938"provides for the" ' aoceptance by the Oi ty of Los Angeles for disposal. of ", sewageol'"iginat1ng w1thin tp,e boundar~esof' the City of, Vernon which can fiowinto said Los Angeles Sewer System by graV'i~y, and that the proposed boundarie,s of City of Vernon Sewer Distr1c-t No. One, as described in Ordinance of Intention 524 contain only lands 'and propertieswhioh are capable of being served by the Los Angeles Sewer System under the terms and provisions of said agreement of August 10, 1938, and that no properties have been, included except such propertiesaJ8J are capable of beine; " r served by and the sewage from which will flow by gravity into the Los Angeles Sewer system; that each and every piece or parcel of prope:rty located within the proposed boundaries of said City of Vernon Sewe:r District No. One is now being served by the Los Angeles Sewer System, or is capable of being so served, and that no property of any description has been inoluded within the boundaries of said City of Vernon Sewe:r District No. One which is not or cannot be served by said Los Angeles Sewer System, and that each of the prop. erties the:rein located will be and is directly and immediately benefited by its inclusion in said City of Vernon Sewer District No. One. "The City Attorney further reported that a large portion of the City of Vernon oannot be served by the Los Angeles Sewer System for the reason that its sewage cannot be drained into the same by gravity, and that those properties have been included in other sewer dis- triots and are now paying an annual tax for such service; that in his opinion there was considerable question whether the City of Vernon could legally or morally assess any portion of the sewage disposal cost, or tbe cost of upkeep and maintenance of tbe sewer system itself, as provided by said agreement of August 10, 1938, upon any of the properties now located outside of the proposed boundaries of City of Vernon Sewer District No. One which could not conceivably be served by the Los Angeles Sewer System. The City Attorney thereupon recommended that the City Council of the City of Vernon fix and establish the boundaries of City of Vernon Sewer District No. One as set forth and described at length in said Ordinance of Intention No. 524, and that all of the properties therein contained remain in said City of Vernon Sewer District No. One for the reason that in his opinion each and every lot, piece, or parcel of land therein will be and is directly and immediately benefited by the acquisition, construction, operation andmainten- ance of the sewers and Sewer System, all as described in said Ordinance of Intention No. 524. "The city Attorney having completed his report and the City Council baving thereupon given further consid- eration to all of the matters contained in said report and contained in said Ordinance of Intention No. 524, were thereupon of the unanimous opinion that each and every of the properties located within the proposed boundaries of City of Vernon Sewer District No. One is and will be immediately and directly benefited by the imp:rovement, and that said proposed boundaries of City of Vernon Sewer District No. One as described in said Ordinance of Intention should be fixed and established as the permanent boundaries thereof. "(2) The City Clerk Shall certify to the passage of this resolution by the Council of the City of Vernon and the same shall take effect immediately." Passed and adopted by the City Council of the City of -3- ~ Vernon, Oalifornia, and approved by the Mayor of said City, this 5th day of September, 1939. ATTEST: -4- . ~ ,~ 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, foregoing R..olution was passed and adopted by the City Council of said City and approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of said City Council held on the 5th day of September, 1939, and that the same was so passed and adopted by the following vote: AYES: Councilmen; Furlong, Leonis, SCheider, Peralta., Levy NOES: Councilmen: None ABSENT: Councilman: None WITNESS my hand and the seal of said City. e --- on, California /i.W.O'MELVENY WALTER K.TULLER LOUIS W.MYERS JOHN O'MELVENY PAUL E.SCHWAB PAUL FUSSELL WILLiAM W.CLARY JOHN A.POWELL J.R.GIRUNG KENT ALLEN MARSHALL TAYlOR FREDERICK N.EDWARDS ADRIAN C.STANTON W.B,CARMAM,JR. MAYNARD J.TOLL SUBJECT LAW OFFICES OF HARRY L.DUNN JAMES t..BEEeE P1ERCEWORK$ HOMER I.MITCHELL CLINTON LA TOURRETTE GRAHAM L.$TERUNG.JR. O'MELVENY, TULLER & MYERS 433 SOUTH SPRING STREET LOS ANGELES JACKSONW.CHANCE LAUREN M.WRIGHT ARTHURJ.O'REEFFE,JR. JAMES M.lRVINE,JR. STANLEY C.ANOERSON RAY H.L1NDMAN JOHNW.MYERS SIDNEY H.WAU September 8th 193 9 Mr. T. J. Furlong, Clerk of the City of Vernon, City Hall, Vernon, California. De ar IvTr. Fur long: This will acknowledge receipt of three certified copies of Resolution No. 1003 relating to the City of Vernon Sewer District No.1. I understand from Mr. Schwab, who is now on vacation, that you were also to send us a copy of an affidavit by Mr. Cassidy relating to the matters set forth in Resolution No. 1003. Yours very truly, SCA/DG ~p~ CABLE ADDRESS;"MOMS" IN REPLY REFER TO: B-1936