Resolution No. 1202
ELS: TPH l-D-10.
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RESOLUTION NO. 1202
V~S, the City Attorney has reported to the City
Council that in his opinion Ordinance NO. 559, entitled "AN
ORDINANCE OF THE CITY OF VERNON FIXING AND ESTABLISHING RATES TO
BE CHARGED FOR THE SALE OF WATER IN SAID CITY, PRESCRIBING CONDI-
TIONS AND REGULATIONS GOVERNING THE USE OF WATER IN SAID CITY,
PROHIBITING THE SALE OF WATER FOR USE OUTSIDE OF THE CITY OF
VERNON ~ PROVIDING PENALTIES FOR VIOLATIONS, AND REPEALING ALL
ORDI~ANCES IN CONFLICT THEREWITH", was never legally adopted,
never became effective, and did not repeal Ordinance NO. 496,
entitled "AN ORDINANCE OF THE CITY OF VERNON ESTABLISHING RATES
FOR THE SALE OF WATER IN SAID CITY~ AJ.1D REPEALING ALL ORDINANCES
IN CONFLICT ~~TH"; and
WHEREAS, the City Attorney has advised the City Council
that in his opinion said Ordinance NO. 496 was at all t~es in
full force and effect from the date of its enactment to and includ-
ing the 31st day of May, 1943; and
WHEREAS, Ordinance NO. 562, entitled "AN ORDINA1~CE OF
THE CITY OF VERNON ESTABLISHING RATES FOR THE SALE OF WATER IN
SAID CITY ~ AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH",
became effective June 1, 1943~ and repealed said Ordinance NO.
496; and
~EEREAS, the City Council is advised that certain con-
sumers of water furnished by the Municipal Water System of the
City of Vernon, and certain water customers of said City have paid
to the Water Department of the City of Vernon increased rates as
set forth in said above-mentioned Ordinance NO. 559, which rates
and amounts in many instances exceed those provided and charged
;
by the terms and provisions of said Ordinance NO. 490; and
WHEREAS, the City Council has been advised by the City
Attorney that the schedule of rates and charges fixed by Ordinance
NO. 496 should have been charged and collected by the Water Depart-
ment of the City of Vernon for water and other services furnished
by said Municipal Water System during the period commencing
January 1, 1943 and ending May 31, 1943, both dates inclusive;
NOW, THEREFORE, the City Council of the City of Vernon
does resolve as follows:
Section 1: That the Water Department of the City of
Vernon, be, and it is hereby authorized and instructed to refund,
to the parties entitled thereto, all monies collected by such Water
Department for water or other services furnished or rendered for
the period commencing January 1, 1943, and ending May 31,1943,
both dates inClusive, in excess of the rates and charges fixed and
established by said Ordinance NO. 496 for said water and services
so furnished or rendered.
Section 2: Said Water Department is further authorized
and instructed to make said refund or refunds wherever necessary,
either in cash or as a credit against future accounts for water or
services furnished or rendered, whichever may be convenient.
Section 3: The Water Department of the City of Vernon
is further authorized and instructed to execute and deliver a
receipt to all customers requesting the same, showing payment in
full of all accounts due the City of Vernon, or its Water Depart-
ment, for water or other services furnished or rendered for the
period commencing January 1, 1943, and ending May 31, 1943, both
dates inclusive, when said customers have paid for such water or
services the rates and charges as fixed and established by the
-2-
terms and provisions of said Ordinance NO. 496.
Section 4: The City Clerk shall certify to the passage
of this Resolution, whereupon said Resolution shall take effect
immediately.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
VERNON, AIID APPROVED BY THE MAYOR OF SAID CITY, THIS 15th DAY
OF .rUNE, 1943.
on
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF VERNON )
I, T. J. FURLONG, City Clerk of the City of Vernon,
California, do certify that the whole number of members of the
City Council of the City of Vernon is five (5); that the foregoing
Resolution, being Resolution NO. 1202, was passed and adopted by
the said City Council, approved and signed by the Mayor, and
attested by the City Clerk of said City, all at a regular meeting
of the said City Council of the City o~ Vernon, held on the 15th
day of June, 1943, and that the same was so passed and adopted
by the following vote:
AYES: COUNCILMEN - Scheider, Levy, Peralta, Leonis
NOES: None
ABSENT: Poxon
,
J. B. LEONIS, MAYOR
OFFICERS
CITY COUNCIL
IN REPLY REFER TO:
H. SCHEIDER
RICHARD LEVY
E.R. PERALTA
J. J. POXON
T. J. FURLONG. CLERK
F. G. FREN.CH. TREASURER
THOMAS V. CASSIDY. CITY ATTORNEY
FRANCIS BATES. CITY ENGINEER
ERNEST GILES. CHIEF OF POLICE
DR. H. F. BECKER. HEALTH OFFICER
C. B. HUBBARD. POLICE JUDGE
F. H. DONNELLY. FIRE CHIEF
TELEPHONES
CITY CLERK LAFAYETTE 8878
POLICE DEPT. 8964
ENGR. DEPT. 2415
FIRE DEPT. KIMSALL 2522
HASKINS Be SELLS. AUDITORS
G. A. ANDERSON. DEPUTY CITY CLERK
CITY HALL
4305 SANTA FE AVENUE
VERNON" CALIFORNIA
June 11th, 1943
Honorable City Council
City of Vernon,
Vernon, California.
RE: ORDINANCE NO. 559
Gentlemen:
It is my opinion that Ordinance No. 559, an ordi-
nance entitled "An Ordinance of the City of Vernon Fixing and
Establishing rates to be Char.ged for the Sale of Water in said
City, Prescribing Conditions and Regulations Governing the Use
of Water in Said City, Prohibiting the Sale of Water for Use
Outside of the City of Vernon, Providing Penalties for Viola-
tions, and Repealing all Ordinances in Conflict Therewith,"
was never legally adopted and never became effective and did
not repeal Ordinance No. 496, said Ordinance No. 496 being at
all times in full force and effect from the date of its en-
actment to and including May 31, 1943. It is my further. opinion
that all moneys collected by the City through its Water Depart-
ment for water or other services rendered, for the period com-
mencing January 1, 1943 and ending May 31, 1943, both inclu-
sive, in exce~s of the rates and charges fixed and established
by Ordinance .1.'10. 496, shall be refunde.d to the persons paying
such excess.
Very truly yours,