Resolution No. 1630
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RESOLUTION NO. l63Q
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON"""AUT'HORIZING THE CITY-
ATT'ORNEY OF THE CITY OF VERNON AND
SPECIAL COIuNSEL OF THE CITY OF VERNON
TO ElIlTER INTO A STIPULAT'fC5N FOR THE
ENTERING OF A JUDGMENT IN THE CASE OF
PEOPLE OFTHE STATE OF CALIFOB~v:-
CITY OF-VERNON, et a~, SUPERIOR COURT
CASE NO. 54? '124:--
Wb~REAS, on October 4, 1938, an Industrial Waste
Permit was issued by the Board of Supervisors of the County
of Los Angeles, pursuant to Section 413 of County Ordinance
614, to the City of Vernon permitting the City of Vernon to
dispose of six (6.0) cubic feet per second of' industrial waste
through existing Los Angeles County storm drains from a point
in Hooper Avenue, thence northerly to Slauson Avenue, and then
southerly to the Los Angeles River, said permit providing that
no deleterious substances be discharged into said drains; and
WHEREAS, on January 16, 1940, the City of Vernon
entered into an agreement with Columbia River Paper Mills, a
Washington corporation, (now known as California Container
Corporation) and The Flintkote Company, a Massachusetts corpor-
ation, providing that industrial waste water from the two
companies above named should be discharged through the Los
Angeles County storm drains a.bove described, and further pro-
viding that all industrial waste water discharged into the
aforesaid drains by "Columbia" and "Flintkote" should be clean,
non-septic waste, containing no deleterious matter; and
WlIEREAS, the County Engineer, on July 14, 1948,
suspended the permit theretofore granted to the City of Vernon
as above described, such suspension being made because of a
finding by said engineer that the ind.ustrial waste being
discharged into said. storm drains was not clean, and contained
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deleterious matter; and
WHEREAS, on July 26, 1948, an action entitled The
People of the State of California, Plaintiff, v. The City of
Vernon, et 801., Defendants, No. 547 724, was filed in the
Superior Court of Los Angeles County seeking a permanent
injunction against the City of Vernon, its city councilmen,
The Flintkote Company and its officers and the California
Container Corporation and its officers, to restrain said
defend.ants from depositing any deleterious matter into the
above described storm drains, and a temporary restraining order
was obtained upon the filing of said action, and an Order to
Show Cause in re Preliminary Injunction was obtained by the
said plaintiff and set for August 4, 1948, before said Superior
Court of Los Angeles County; and
WHEREAS, said. Order to Show Cause and the time to
plead of said defendants has been extended from time to time,
so that said Order to Show Cause is now set for October 1, 1952,
and the time to plead of the defendants now expires on
October 15, 1952; and
WHEREAS, it appears that there is no defense to the
action heretofore described and that it is to the best interests
of the city that a stipulated judgment be entered in said action,
NOW, THEREFORE, BE IT RESOLVED, that the City Attorney
of the City of Vernon and the law firm of Young, O'Hara & Shenk,
special counsel for the City of Vernon and its defendant officers
and employees in said action, be and they hereby are authorized
to enter into a stipulation with the People of the State of
California, by and through the District Attorney of the County
of Los Angeles, the California Container Corporation and The
Flintkote Company, by and through their legal counsel, providing
that the judgment which is annexed to this Resolution (1) be
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signed, filed and entered in said action upon the filing of
saicl stipulation; (2) that said judgment shall become final
upon the entry thereof, each party waiving the right to
appeal therefrom; (3) that findings of fact and conclusions
of law be waived; (4) that each party to said action pay his
own costs and that no judgment for costs be entered as to
any party; and (5) that each party to said action has full
knowledge of the exact language of the said annexed judgment
a.s of the time the said judgment may be ordered, adjudged
and decreed by the court.
PASSED A11D ADOPTED at a regular meeting of the
City Council of the City of Vernon this ~ day of
September, 1952.
~
City Clerk
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR TBJiJ COUNTY OF L.oS ANGELES
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I TEE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff,
No. 547724
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JUDGMENT
v.
THE CITY OF VERNON, etc., et a1.,
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Defendants.
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The stipulation providing for the signing, filing,
entry and finality of this judgment, dated
, 1952,
by and between plaintiff and defend_ants The City of vernon, a
Municipal Corporation; R. J. Furlong, Mayor of the City of
Vernon; W. B. HOllingworth, City Engineer of the City of Vernon;
C. W. Trowbridge, Charles H. Mailliard, G. E. Anderson and. Mrs.
,T. :M. Paxon, Councilmen anc Councilwoman of the City of' Vernon;
Flintkote Company, a corporation; George J. Pecaro, General
~~nager of the said Flintkote Company, a corporation; E. F.
Champion, employee of the said Flintkote Company, a corporation;
California Container Corporation, a corporation; W. P. Hooker,
President of the said California Container Corporation, a
corporation; WaIter Quinn, Branch Manager of the said California
Container Corporation, a corporation; and T. F. Cass, Division
Manager of the said California Container Corporation, a corporaticn,
having been filed herein, and the Court being fully advised in the
premises, and good cause appearing therefor:
IT IS HEREBY ORDERED, ADJtJDGED AND DECREED as follows:
1. That said defendants, their successors, officers,
agents, servants and employees be, and they are hereby,
perpetually enjoined and restrained from discharging industrial
waste in any manner in respect of which a permit from the
County Engineer of Los Angeles County is required according
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to the terms of County Ordinance No. 614 (commonly known as the
Industrial Waste Ordinance, as amended to the date hereof)
without having obtained, after the date of this judgment, a
valid, unrevoked permit from said County Engineer pursuant to
said ordinance or from whatever public officer shall be authorized
by law at the time said permit is obtained to issue a permit
for such purpose.
2. No costs shall be taxed or awarded in favor of
any party to this action against any other party to this action.
DATED at Los Angeles, California, this ____ day of
, 1952.
Judge of the Superior Court
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LAW OFFICES
YOUNG, O'HARA B SHENK
650 SOUTH SPRING STREET
LOS ANGELES 14
EDWARD R. YOUNG
JOHN F. O'HARA
JOHN W. SHENK.m
TRINITY 2661
September 25, 1952
G. A. Anderson, City Clerk
City of' Vernon
City Hall
4305 Santa Fe Avenue
Vernon 58, Calif'ornia
Re: People v. Vernon etc., et al.,
.No. 547,724
Dear Mr. Anderson:
We have received a completed copy
of the stipulation signed by all counsel in the
above entitled matter and also a copy of the signed
judgment, which is in exactly the same fonn as that
attached to the resolution which the Council passed.
the other day.
For your information, the judgment was
signed by Btanley N. Barnes, Judge of the Superior
Court, on the 19th day of' September, 1952.
Sincerely yours,
YOUNG, O'HA & S1H!ENK
B/Zhn w. s~ ~~
JWS:hj
cc-Carson B. Hubbard,
Attorney at Law,
6308 Pacific Blvd.,
Huntington Park, Calif.
cc-Walter B. HOllingworth,
City Engineer,
City of Vernon.