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Resolution No. 1292 .,- - " ELS:TPH I-D-IO -....'.".-......-....... RESOLUTION NO. 1292 A RESOLUTION OF THE COUNCIL OF THE CITY OF VERNON, CALIFORNIA, AUTHOR- IZING THE EXECUTION OF AN AGR~~NT BE1WEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON FOR DISPOSAL OF SEWAGE THROUGH THE LOS ANGELES OUTFALL SElNER SYSTEM, AND ARRANGING FOR PAYrv'IENT TO THE CITY OF LOS ANGELES BY THE CITY OF VERNON OF ITS PROPOR- TIONATE SHARE OF THE COST OF CONSTRUCT- ING A TREATMENT PLANT AND SUBMARINE TUBE AT HYPERION VrnEREAS, a judgment or decree was entered February 1, 1946, in Book 1619 at page 266 of Judgments of the Superior Court of the State of California, in and for the County of Los Angeles, in action number 489890, entitled uThe People of the State of California, Plaintiff, vs. The City of Los Angeles, a municipal corporation, et al, Defendants", wherein said Superior Court found and held that the City of Los Angeles and the other Defendants therein named, including the City of Vernon and certain of its Officers and employees, are maintaining a nuisance in the operation and maintenance of the treatment plant and submarine tube located at Hyperion in the City of Los Angeles, and used for the treatment and disposal of sewage originating in the City of Vernon and other districts flowing through the Los Angeles Outfall Sewer System; and WHEREAS, said judgment requires that said nuisance be abated not later than December 31, 1947, and that the City of Vernon, as one of said Defendants, take all such steps and actions as may be necessary to abate said nuisance, and requires in substance, in the event the City of Vernon elects to continue to dispose of its sewage through the Los Angeles Outfall Sewer System, that the City of Vernon shall within ninety (90) days after the entry of said judgment or decree complete all arrangements necessary for financing its proportionate share of a new treatment plant according to the gallonage allotted to the City of Vernon, so that said share will be available as required, and further orders the City of Vernon to report to the Court on or before the 29th day of April, 1946, in detail the arrangements it has made for the raising of funds or other financial arrangements for the payment of its proportionate share of the cost of any new treatment plant; and WHEREAS, the Council of the City of Vernon has determined and does hereby determine that the best interests of the City of Vernon require and will be served by entering into a written agreement with the City of Los Angeles embodying the terms and provisions, all as set forth in that certain agree- ment hereinafter set forth at length in the body of this Resolution; NOW, THEREFORE, the Council of the City of Vernon do resolve and order as follows: Section 1: That the Mayor and City Clerk of the City of Vernon be, and they are hereby authorized and instructed for and on behalf of the City of Vernon, a municipal corpor- ation, to execute, that certain agreement between the City of Los Angeles, a municipal corporation, and the City of Vernon, a municipal corporation, in words and figures as follows: -2- AGREEMENT BETWEEN THE CITY OF LOS ANGELES AIID THE CITY OF VERNON FOR DISPOSAL OF SEVvAGE THROUGH THE LOS ANGELES OUTFALL SEWER SYSTEM, AND ARRANGING FOR PAYMENT TO ~tlE CITY OF LOS ANGELES BY THE CITY OF V~~NON OF ITS PROPORTIONATE SHARE OF THE COST OF CONSTRUCTING A TREATMENT PLANT AND SUBMARI:NE TUBE AT HYPERI ON . THIS AGREEMENT, made and entered into as of the 15th day of April, 1946, by and between the CITY OF VERNON, a municipal corporation of the State of California, hereinafter designated as "Vernon", and the CITY OF LOS ANGELES, a municipal corporation.ofthe State of California, hereinafter designated as "Los Angeles", WIT N E SSE T H: ---------- WHEREAS, Vernon and Los Angeles did on or about the 10th day of August, 1938, enter into and execute a written agreement fixing and determining all rights of Vernon in regard to disposal of sewage by Vernon through the Los Angeles Outfall Sewer System, treatment plant and submarine tube, hereinafter sometimes referred to as "the Los Angeles Outfall Sewer System", under the terms and provisions of which said agreement Vernon is granted the right to dispose of up to but not exceeding sixteen (16) cu. ft. of sewage per second, all upon the terms and conditions, and subject to the restrictions all as therein more particularly set forth at length, which said Agreement of August 10, 1938, is hereinafter sometimes referred to as the "Agreement of 1938"; and WHEREAS, a judgment or decree was entered February 1, 1946, in Book 1619 at page 266 of Judgments of the Superior Court of the State of California in and for the County of Los Angeles, in action number. 489890, entitled tiThe People of the State of California, Plaintiff, vs. The City of Los Angeles, a municipal corporation, et aI, Defendants", wherein said Superior Court found and held that the City of Los Angeles and the other Defendants therein named, including the City of Vernon and certain of its Officers and employees, are maintaining a nuisance in the operation and maintenance of the treatment plant and submarine tube located at Hyperion in the City of Los Angeles and used for the treatment and disposal of sewage originating in the City of Vernon and other districts flowing through the Los Angeles Outfall Sewer System; and WHEREAS, said judgment requires that said nuisance be abated not later than December 31, 1947; and that the City of Vernon, as one of said Defendants, take all such steps and actions as may be necessary to abate said nuisance, and requires in substance, in the event Vernon elects to continue to dispose of its sewage through the Los Angeles Outfall Sewer System, that Vernon shall within ninety (90) days after the entry of said judgment or decree complete all arrangements necessary for financing its proportionate share of a new treatment plant accord~ ing to the gallonage allotted to Vernon, so that said share will be available as required, and further orders Vernon to report to the Court on or before the 29th day of April, 1946, in detail, -3- J the arrangements it has made for the ralslng of funds or other financial arrangements for the payment of its proportionate share of the cost of any new treatment plant; and WIIEREAS, the parties hereto are desirous of making and determining, and by this agreement intend to make and det- ermine the arrangements, financial and otherwise, under and pursuant to the terms of which Vernon shall finance its propor- tionate share of said new treatment plant or works pursuant to the terms and provisions of said judgment or decree; " NOW, THEREFORE, in consideration of the mutual undertakings and agreements on the part of each of the contract- ing parties hereto, and in further consideration of the sums of money paid or to be paid to Los Angeles by Vernon, and in further consideration of the relinquishment of certain flowage rights in the Los Angeles Outfall Sewer System all as hereinafter more particularly set forth and provided in this agreement, and for other good and valuable consideration whether herein expressed or not, IT IS UNDERSTOOD AND AGREED AS FOLLOWS: (1) That Vernon shall pay and discharge its obligation to Los Angeles for its proportionate share of the cost of the construction of the new treatment plant and works, including the submarine tube to be constructed by Los Angeles for the abatement of the nuisance found to exist in said above- mentioned judgment or decree, as follows: (a) By payment to Los Angeles of the sum of One Hundred Seventy-five Thousand Dollars ($175,000.00) in four (4) equal annual install- ments of Forty-three Thousand Seven Hundred Fifty Dollars (~~43,750.00) each, to become due and payable upon the 1st day of May of 1947, 1948, 1949 and 1950, respectively; and (b) By the relinquishment to Los Angeles of the right to dispose of two (2) cu. ft. per sec. of the eleven and seven tenths (11.7) cu. ft. per sec. confirmed to Vernon by Paragraph II., sub (a) of the Agreement of 1938; upon the understanding and agreement that said annual install- ments of Forty-three Thousand Seven Hundred Fifty Dollars (~~43,750.00) shall bear interest at the rate of 4.75% per annum from the date when said payments become due until paid. (2) In confcirmity with sub (b) of the preceding Paragraph number (1), the City of Vernon, a municipal corporation, does hereby and by these presents sell, assign, transfer, quit claim, set over and relinqUish unto the City of Los Angeles, a municipal corporation, its right to dispose of two (2) cu. ft. per sec. of the eleven and seven tenths (11.7) cu. ft. per sec. of sewage in the Los Angeles Outfall Sewers heretofore vested in the City of Vernon, and confirmed and acknowledged by Vernon and Los Angeles by the provisions of sub (a) of Paragraph II. of the Agreement of 1938; and that the figure 11.7 cu. ft. per sec. vested and confirmed in the City of Vernon by said Agreement of 1938 shall be and is hereby reduced from 11.7 cu. ft. per sec. to 9.7 cu. ft. per sec. -4- (3) Wherever the term or figures "eleven and seven tenths (11.7) cu. ft. per sec." is used or appears in said Agreement of 1938, the same shall be deemed modified and amended to read "nine and seven tenths (9.7) cu. ft. per sec." (4) 1llJherever the term or figures "sixteen (16.0) cu. ft. per sec." is used or appears in said Agreement of 1938, the same shall be deemed modified and amended to read "fourteen (14.0) cu. ft. per sec." (5) The cost of constructing, installing, operat- ing and maintaining chlorinating machines and the treatment of sewage by chlorination are hereby declared to be included in the definition of the term ttSEWAGE DISPOSAL COSTtt as the same is defined in sub (8) of Paragraph I of the Agreement of 1938, and Vernon's share of such construction, installation, operation or maintenance thereof shall be determined under and pursuant to the provisions of the Agreement of 1938 as modified by the pre- ceding Paragraphs of this agreement. (6) Except as herein provided, the Agreement of 1938 (including such provisions of other contracts as were adopted or reaffirmed thereby) shall remain in full force and effect. Any and all rights of the City of Los Angeles to be reimbursed by the City of Vernon for the cost of treatment of sewage derived from the City of Vernon shall not be prejudic.ed in any manner by execution of this agreement. (7) Los Angeles agrees that this agreement and the performance of the terms and provisions thereof by Vernon constitute satisfactory arrangements between Vernon and Los Angeles for the financing of Vernon's proportionate share of the new treatment plant or works to be built at Hyperion according to the gallonage allotted to Vernon, and constitute arrangements which are satisfactory to Los Angeles for the raising of funds by Vernon for the payment of its proportionate share of the cost of any new treatment plant or works, and including any submarine tube required in the abatement of the nuisance found to exist and ordered to be abated by the terms and provisions of the above-mentioned judgment or decree entered February 1, 1946, in Book 1619 at page 266 of Judgments of the Superior Court of the State of California, in and for the County of Los Angeles. IN WITNESS v~~EREOF, the CITY OF LOS Al~GELES, a municipal corporation, has caused this instrument to be executed in quadruplicate on its behalf by the Mayor or President of the City Council and to be attested by its City Clerk, and the CITY OF VERNON, a municipal corporation, has caused this instru- ment to be executed in quadruplicate on its behalf by tb,e Mayor, to be attested by its City Clerk; said agreement to be effective as of the day and year .first hereinabove written. CITY OF LOS ANGELES ATTEST: By City Clerk CITY OF VERNON ATTEST: By Mayor City Clerk -5- . . . ... . Section 2: The City Clerk shall certify to the passage of this Resolution of the City Council of the City of Vernon, and cause the same to be posted in three (3) public places located in the City of Vernon, to wit: on the bulletin board in the lobby of the City Hall of the City of Vernon, 4305 Santa Fe Avenue, at the Northwest corner of 38th Street and Santa Fe Avenue, and at the Northwest corner of 37th Street and Santa Fe Avenue. This Resolution shall take effect immediately. PASSED A1~ ADOPTED by the City Council of the City of Vernon, and approved by the Mayor of said City, this 8th day of April, 1946. ~~ Mayor STATE O~ijORNIA ) COUN~ OF LOS ANGELES ) CITY OF VERNON ) SS I, T. J. FURLONG, City Clerk of the City of Vernon, California, do certify that the whole number of members of the Council of the City of Vernon is five (5); that the foregoing Resolution, being Resolution No. 1292, was passed and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk of said City, all at an adjourned regular meeting of said Council of the City of Vernon held on the 8th day of April, 1946, and that the same was so passed and adopted by the following vote: AYES: Councilmen, Poxon, Anderson, Trowbridge, Leonis NOES: None ABSENT: Mail1iard of ..~-"~~.~.~~.~' -- ~ ,_.,~,~ . -or, '~ AFFIDAVIT OF POSTING STATE OF CALIFORNIA · J ) COUNTY OF LOS ANGELES : " ) CITY OF VERNON..,. : <;') ss . .' ~ " I, G. i... Ande'rson, the duly acting a~d' qualir'ied De.PUty . ,. City Clerk .of,':p;heCiFY '?f. Vernon, do hereny ~ertify th~t I did on . . the 8th day of" Aprtl/' 1946~ post 3 copies of Resolut.ion No.' 1292 , . . I~' in the fo~owing places to-wit: At the northwest corne~ of 38th Street and Santa Fe AYenue~ at the northwest corner of 37th Street , .,.,'" -"",,""" . , andSa'ta Fe Av~."andat the entra\teeto the . City Hall, .l,ooated at 43d~ Santa Fe Avenue, there being no newspaper of general . jO circulation printed and published in the City of Vernon.. S1:gnEld this 1/ day Of~ 1946 . t' " . ;4~- ." on of the City California. ., . . . .. .