Resolution No. 1468
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RESOLUTIOt\l
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A Resolution Of The City Council Of The City Of
Vernon Authorizing And Directing The City
Treasurer To Transfer Certain Sums From Special
~nds To The General Fund; Appropriate The Sum
Of $700,000 From The General For the Purpose Of
paying In Part The City Of Vernon's Proportion-
ate Share Of The Cost Of Tne New Treatment Plant
And Works At Hyperion; Authorizing And Instruct-
ing The City Treasurer To pay Said Sum Of
$700,000 To The City Of Los Angeles Upon Direction
By The City Attorney Of The City Of Vernon
VlliEREAS, on the first day of February, 1946, a judgment
was entered in the case entitled, "The People of the State of
California vs. City of Los Angeles, a municipal corporation, et
al.If, number 489890 in the Superior Court of the State of
California, in and for the County of Los Angeles; and
WHEREAS, said judgment is binding upon the City of Ver-
non and its municipal officers; and
WHEREAS, said judgment as it applies to the City of
Vernon requires, among othe~ things, that the City of Vernon
complete all arrangements necessary for the financing of the
City of Vernon's proportionate share of the cost of the new
treatment plant and works being constructed at Hyperion accord-
ing to the gallonage allotted to said City of Vernon "so that
said share will be available as required"; and
Vv1IEREAS, it has at all times since the first day of
February, 1946, and is now the desire and intention of the City
Council of the City of Vernon to comply with the terms and pro-
visions of the judgment of said court in said action numbered
489890 in so far as it is within the power of the City Council
so to do; and
WHEREAS, in furtherance of said desire and intention
the City Council did on the 17th day of January, 1950, pass and
adopt Resolution # 14C'0 which authorized the City Attorney,
and E. R. Young as Special Counsel, to negotiate a contract
with the City of Los Angeles whereby the City of Vernon would
be enabled to pay its proportionate share of the cost or the
new treatment plant and works being constructed at Hyperion;
and
VillEREAS, in said Resolution # /u'o the City Council
recited, among other things, that it had carerully reviewed
the nature and status of the General Fund and various special
funds of the City of Vernon and had determined that from said
sources there could be made available the total sum or
$700,000 to be used for the purpose or paying in part the City
or Vernon's proportionate share or the new treatment plant
and works at Hyperion without jeopardizing the welfare of the
City or Vernon; and
WHEREAS, certain negotiations have been conducted by
said E. R. Young as Special Counsel with the Board or Public
Works and the City Attorney's orfice of the City of Los Angeles,
all of which negotiations have been reported to this City Coun-
cil; and
VffiEREAS, a communication in the form of a letter dated
January 27, 1950, has been received by this Council from the
Board of Public Works of the City of Los Angeles; and
WHEREAS, said letter of January 27, 1950, proposes,
among other things, that the City of Vernon pay immediately to
the City of Los Angeles the sum of $700,000 on account of the
City of Vernon's proportionate share of the cost of the new
treatment plant and works at Hyperion, and that said sum of
$700,000 will be received by the City of Los Angeles without
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prejudice to any rights or claims which the City of Vernon
may have; it is further proposed in said letter of January
27, 1950, that the trial of that action entitled, "City of
Vernon vs. City of Los Angelesll, numbered 558,132 in the
Superior Court in and for the County of Los Angeles, which
trial is presently scheduled for February 6, 1950, be post-
poned pending negotiations in good faith between the City of
Vernon and the City of Los Angeles of a contract respecting
the mutual sewage problem of both cities, which sad contract
shall be mutually satisfactory to both the City of Vernon and
the City of Los Angeles; and
WHEREAS, the City Council of the City of Vernon concurs
in the expressed desire and intention of the Board of Public
Works of the City of Los Angeles to negotiate a contract re-
specting the sewage problem which said contract shall be mutual-
ly satisfactory to both parties, and the City Council of the
Ci ty of Vernon further concurs in the reconnnendation of the
Board of Public Works of Los Angeles that the trial of Action
558132 be postponed pending negotiations of such contract; and
WtiEREAS, the City Council of the City of Vernon desires
to demonstrate its good faith and willingness to negotiate a
settlement of the sewage problem confronting the City of Los An-
geles and the City of Vernon and to comply with the judgment of
the Superior Court of Los Angeles County in Action Number 489890;
NOW, THEREFORE, BE IT RESOLVED;
That the City Treasurer be and he is hereby
authorized and directed, as follows:
(a) To transfer from the Light and Power Fund
to the General Fund the sum of Three Hundred Thousand
($300,000) Dollars; and
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(b) To transfer from the Emergency Fund
to the General Fund the sum of Two Hundred Thous-
and ($200,000) Dollars; and
(c) To transfer from the Water Fund to the
General Fund the sum of One Hundred Thousand ($100,000)
Dollars.
(d) To transfer from the Special Construction
and Betterment Fund to the General Fund the sum of
One Hundred Thousand (~plOO, 000) Dollars.
BE IT FURTHER RESOLVED that the sum of ~p700,000
is hereby appropriated from the General Fund of the
City of Vernon for the purpose of paying in part the
City of Vernon's proportionate share of the cost of
the new tres.tment plant and works at Hyperion as re-
quired by the judgment of the court in Action Number
489890 in the Superior Court in and for the County of
Los Angeles;
BE IT FURTHER RESOLVED that the City Treasurer
of the City of Vernon is hereby authorized and instruc-
ted, upon being advised and directed by the City Attor-
ney of the City of Vernon so to do, to pay to the City
of Los Angeles in the manner and form to be prescribed
by said City Attorney the sum of $700,000, said payment
to be accepted by the City of Los Angeles on account of
the City of Vernon's proportionate share of the cost
of the new treatment plant and works at Hyperion, and to
be accepted without prejudice to any of the rights
which the City of Vernon claims by reason of those cer-
tain contracts heretofore executed between the City of
Vernon and the City of Los Angeles, and without prejudice
to the legal position or rights of the City of Vernon
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in that action entitled, HCity of Vernon vs. City
of Los Angeles", numbered 558132 in the Superior
Court of Los Angeles County.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Vernon on the jo day of January, 1950.
J..-t-vJ
DEPUTY City Clerk.
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