Resolution No. 5565
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RESO~TION NO. 5565
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF A SETTLEMENT AGREEMENT
AND RELEASE WITH THE CENTRAL CITY SOUTH
ASSOCIATION
WHEREAS, Central city South Association (CCSA) en-
6 tered into litigation with the City of Vernon on December 18,
7 1987 (LASC No. C671345) regarding a zoninq matter in the City
8 of Vernon which was decided in favor of the City on or about
9 september 22, 1988; and
10 WHEREAS,. CCSA appeared and expressed its opposition
11 to the adoption of the Amended Interim Comprehensive Zoning
12 Ordinance No. 976 on May 17, 1988 and has reserved the option
13 of seeking legal redress as to its provisions; and
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WHEREAS, CCSA has requested certain changes to Or-
15 dinance no. 976 and if its requests are accepted is willing to
16 forego an appeal of court case LASC No. C671345, to desist
17 from a legal challenge to said Ordinance, and in other ways
18 to support the planning and zoning policies of the city of
19 Vernon asset forth in the Settlement Agreement and Release
20 submitted concurrently with this ReSOlution; and
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WHEREAS, said agreement acknowledges that the City
22 Council cannot contractually bind itself to amend or approve
23 an ordinance, and that said agreement constitutes but one of
24 many factors which the City Council must take into account as
25 it exercises its sole discretion in deciding to approve the
26 amendments set forth in Appendix A to said Agreement.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
2 OF THE CITY OF VERNON AS FOLLOWS:
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SECT!ON 1: The city Council of the City of. Vernon
4 hereby finds and determines that the recitals contained
5 hereinabove are true and correct.
6 S~CTION ~: The City Council of the City of Vernon
7 hereby approves the Settlement Agreement and Release, a copy
8 of which has been presented to the City council concurrently
9 with this Resolution and the City council hereby orders said
10 Agreement to be received and ~iledby the City Clerk.
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SECTION 3: The city Council of the City. of Vernon
12 hereby authorizes the Mayor and the city Clerk to execute said
13 Agreement for, and on behalf of, the city of Vernon.
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SECTION 4: The City Clerk of the City of Vernon
15 shall certify to. the passage of this resolution and thereupon
16 and thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 8th day of November, 1988.
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.. .... ONlSe. MALll G,Hayor.
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MAI.KENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 5565
, was duly adopted by the City Council of
7 the City of Vernon, and was approved by the Mayor of said City
adjQurned .
8 at an~ meet~ng of the City Council held on Tuesday,
9 November 8
, 1988
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SETTLEMENT AGREEMENT AND RELEASE
fhis Agreement is made as of the date last set forth
and between the Central City South Association, a
t benefit corporation ("Association"), and the City of
charter city created and existing under the laws of
the State of California ("City").
R E C I TAL S
A. On or about December 18, 1987, the Association
commenced an action entitled Central City South Association v.
City of Vernon in the Los Angeles Superior Court in the County
of Los Angeles, State of California, Case No.C 671 345,
seeking inter Alig, the issuance of a peremptory writ of
mandamus requiring the City to set aside its approval by
Conditional Use Permit of a hazardous waste incinerator
proposed by the real-party-in-interest, California Thermal
Treatment Services, a wholly owned subsidiary of Security
Environmental Systems, Incorporated ("CTTS"), and a declaration
of the rights of the involved parties consistent with the
issuance of a peremptory writ of mandamus.
B. On July 20, 1988, the Superior Court granted the
motion for summary Judgment brought by real party-in-interest
CTTS and construed the demurrer of the City as a motion for
summary judgment which likewise was granted.
C. On September 7, 1988, the court reaffirmed its
decisions of July 20, 1988 referenced in recital paragraph B
above, granting the motions for summary judgment.
D. The Association has the right to appeal the
court's granting ofCTTS' and the City's motions for summary
judgment but has agreed not to do so and to release its claims
and otherwis.e to resolve its differences with the City, subject
to the terms and conditions set forth herein.
E. The Association had been active during the 1988
Legislative Session, in supporting legislation identified as
Assembly Bill 291 ("AB.29l") (Roybal-Allard), which would have
required that the City's Zoning Ordinance be consistent with
its General Plan, a requirement currently not applicable to
charter cities, with the exception of the City of Los Angeles.
F. The Association has the rigbt to pursue all
lawful means of seeking to ensure that the City's Zoning
Ordinance is consistent with its General Plan, including
legislation, but has agreed to discontinue all efforts devoted
to this Objective and to otherwise resolve its differences with
the City sUbject to the terms and conditions set forth herein.
G. On or about August 29, 1988, in a good faith
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effort to settle the matters of dispute between the Association
and the City, the Association communicated its withdrawal of
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support for AB 291 to the Governor's Office and to the sponsor
of the legislation.
H. On or about September 27, 1988, the Association
submitted a request for reconsideration of the decision by the
Department of Health Services to issue a hazardous waste
incinerator permit for the hazardous waste incinerator proposed
by CTTS in the City as identified in the litigation, on the
grounds that further environmental analysis of the CTTS project
was required under the California Environmental Quality Act
(Public Resources Code Section 21000, .at. Ji.il!'l., "CEQA").
I. The Association has the right to pursue all
lawful means of ensuring that further environmental analysis of
the hazardous waste incinerator in the City be completed under
CEQA before the issuance of a hazardous waste incinerator
permit. However, the Association has agreed to discontinue all
efforts devoted to this objective and otherwise to resolve its
differences with the City subject to the terms and conditions
set forth herein.
J. As a further indication of the good faith effort
of the Asso.ciation to settle the matters of dispute between the
Association and the City, the Association shall communicate to
the Department of' Housing and Community Development and the
Southern California Association of Governments its support of
the City's position on the adequacy of the City's proposed
housing element revision.
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K. On or about May 17, 1988, the city adopted an
Ordinance entitled "Amended Interim Comprehensive Zonin~
Ordinance No. 976."
L. The City has agreed to consider changes to the
Amended Interim Comprehensive Zoning Ordinance No. 976, in
order to, among other things, clarify the allowed uses and
development of currently existing structures with a floor area
of between 50,000 and 75,000 square feet and to clarify when
certain development standard exactions may be imposed.
M. The Association and the City acknowledge that the
City Council of the City of Vernon cannot enter into an
agreement to rezone property, since such an action remains its
sole legislative determination for the benefit of the health,
safety and welfare. of the general public, but that the
settlement and avoidance of litigation and/or legislative
advocacy Constitute valid factors which the City Council may
take into account in making a legislative decision.
N. The Association recognizes that Amended Interim
Comprehensive Zoning Ordinance No. 976 has an effective
termination date of May 18, 1989, subject to a one-year
extension, and that the City Council of the City of Vernon
cannot enter into an agreement to adopt a final ordinance
containing any special interest provisions or in any other way
to restrict its legislative discretion.
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AGREEMENT
NOW, THEREFORE, in consideration of the foregoing
recitals and the mutual covenants and promises contained
herein, the parties hereto covenant and agree as follows:
Section 1 - Condition Precedent:
A. As a condition precedent to the enforcement and
operation of this agreement, the City Council of the City of
Vernon shall have first adopted specified changes to the
Amended Interim Comprehensive Zoning Ordinance No. 976 dealing
with the allowed use in the M-Zone as specifically set forth in
Attachment "A".
Section 2 - Procedural Obligations:
A. !?rocedural Obligations Of AssQciation
1. The terms of this Agreement provide that the
identity Of the roembers of the Association shall
remain confidential and may not be subject to
discovery except as provided in this Agreement.
The .procedures for ensuring strict
confidentiality are set forth in this Agreement
at Subsections A throughC, of Section 2 herein.
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2. The Association shall formulate a list of its
members ("membership list"), whether individual,
partnership or corporate, since its inception,
which shall be sealed and delivered to a mutually
agreeable disinterested third party. The
disinterested third party upon receipt of the
membership list shall verify under penalty of
perjury that the sealed envelope contains the
membership list and shall send a copy of the
verification to the City and to the Association.
3. The members of the Association and the
Association shall be bound by all provisions in
this Agreement that they may not institute
litigation on any matter covered by this
Agreement. Each such member shall execute a copy
of this Agreement by counterpart which shall be
deposited under seal with the membership list.
4. Each member of the Association, whether
individual, partnership or corporate, authorizes
William D. Ross to sign on behalf of each of the
individual members of the Association, and
thereby bind each and every member of the
Association to the terms as set forth in this
Agreement. .
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B. Procedural Obligations Of The City
1. The City agrees that it, its representatives,
employees, elected representatives, or their
successors will not attempt to discover the
membership of the Association or the individual
members or the executed copies of this Agreement
except as allowed in this Agreement.
2. The City agrees with the Association to designate
a disinterested third party who shall retain the
membership list and the executed copies of the
Agreement as described hereinabove.
C. Procedural Obligations Of The Association And
The City
1. The Association and the City hereby agree that
the sealed membership list of the Association and
the executed copies of the Agreement shall be
held in confidence subject to the terms of this
Agreement by a disinterested third party
agreeable to both the City and the Association.
The cost of retaining the disinterested party, as
described, shall be borne equally by the
Association and the City.
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2. If the parties can reach no agreement on a
disinterested third party, then this Agreement
shall be filed with the court in the case of
Central City South Association v. City of Vernon.
et al., L.A.S.C. No. C671345 as a proposed
stipulated settlement of said case. The
membership list and affidavits shall be appended
thereto as a sealed document to be reviewed by
the Court in camera only upon application by the
City and good showing of probable cause as to a
breach of the Agreement. Notice of such an
application shall be given to the Association and
its members via its attorney, if known, and
otherwise by publication.
3. The Association and the City hereby agree that
the members of the Association will be prohibited
from instituting litigation over matters set
forth in the settlement agreement, unless the
City unilaterally modifies substantive matters
covered by this Agreement.
4. The Association and the City hereby agree that in
the event that litigation is filed by any
indiviciual, partnerShip or corporate entity,
concerning the substantive provisions of this
Agreement that the City may inquire of the
disinterested third party as to whether the
petitioners or plaintiffS in the litigation were
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members of the Association included in the list
of membership prepared pursuant to this Agreement.
Section 3 - Substantive Qbliaations Of The par~ies:
A. Substantive Obligations Of The Association
1. The Association agrees not to file an appeal
regarding any matter pertaining to Central City
South Association v. City of Vernon, et a1., Los
Angeles Superior Court Case No. C 671 345.
2. Neither the Association nor the City shall
reimburse the opposing party or parties for its
or their attorneys' fees, costs or expenses
expended or incurred in preparation for or in
connection with this action [LASC No. 671 345],
except as otherwise agreed between the
Association and the City.
3. The Association agrees to withdraw its support
for legislation similar to that identified as AB
291 during the 1988 Legislative Session and to
refrain from any efforts designed to achieve the
objective that the City's Zoning Ordinance be
required to be consistent with the City's General
Plan.
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4. The Association agrees to withdraw from any
further participation in the proceeding before
the State Department of Health Services for the
the issuance of a hazardous waste incinerator
permit to CTTS in the City.
5. The Association shall communicate in writing to
the Department of Housing and Community
Development and the Southern California
Association of Governments its support of the
City's position on the adequacy of the City's
proposed housing element.
6. The members of the Association hereby release and
discharge the City and its elected
representatives, its employees, representatives
or their successors of and from all manner of
actions, causes of action, debts, liabilities,
claims and demands of every kind and nature
whatsoever, whether known or unknown, which the
Association ever had or may now have against the
City arising from or connected with all claims
and causes of action which have been or could
have been asserted in the litigation [LASe No.
C 671 345] arising from or connected with any
approvals, or acts or omissions to act by the
City, its elected representatives or employees
arising therefrom.
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7. The Association shall conununicate in writing to
the City Council of the City of Vernon its
support of the City's General Plan and
Comprehensive Zoning Ordinances. The Association
and its members both jointly and severally agree
for a period of ten years not to institute any
legal action challenging the provisions or
adequacy of the General Plan or the consistency
of the Comprehensive Zoning Ordinance therewith.
8. The Association agrees that, subject to the
condition precedent set forth herein, the
willingness of the City Council to give due
consideration to the settlement and avoidance of
litigation and/or legislative advocacy and the
execution of this Agreement constitute sufficient
and valuable consideration to bind the
Association and its members to the terms thereof.
B. Substantive Obligation$ Of The ~ssociation And
The City
1. Each of the parties hereto hereby represents and
warrants as follows:
(a) EaCh party hereto has received independent
legal advice from his or its attorneys with respect to
the advisability of executing this Agreement.
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(b) Except.. for the representations and
warranties contained in this Agreement, nOne of the
parties hereto has made any statement or
representation to any other party or his or its
attorneys regarding any fact relied upon by a party
entering into this Agreement and, in executing this
Agreement, no party hereto relies upon any statement,
representation or promise of the other party or any
other party which is not set forth herein.
(c) Each party hereto has made such
investigation of any and all facts or other matters
pertaining to this Agreement as he or it deems
necessary, and no party hereto relies upon any promise
or representation by any other party, or any attorney
of any other party with respect to any such matter.
(d) Each party hereto has read this Agreement
and understands the contents hereof.
(e) Each of the parties is the holder of their
respective claims, if any, being released pursuant to
the Paragraphs above and has not heretofore assigned
such claims to any third party.
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2. Each of the undersigned specifically waives any
and all rights under California Civil Code
Section 1542, as such provision relates to the
specific releases contained herein. Each of the
parties acknow1ege and agree that the release set
forth in Paragraph 6, Page 8 above is limited to
the matters specifically set forth in this
Agreement and shall in no manner be interpreted
or construed as releasing any other rights or
claims not expressly stated herein.
Section 4 - Condition Subsequent:
A. As a condition subsequent to the enforcement and
operation of this Agreement, the specified changes to Amended
Interim Comprehensive Zoning Ordinance No. 976 set forth in
Attachment "A" .shall remain in full force and effect. Any
substantive alteration of said provisions shall have the effect
of nullifying this Agreement and all of its terms. However, no
amendment to the Zoning Ordinance of the City of Vernon shall
be deemed a substantive alteration of said provisions unless,
first, notice shall have been given in writing to the City
Council prior to or at the hearing on such an amendment that a
person bound by this Agreement considers the amendment to
constitute a substantive alteration, and, second, that a
competent court of law shall have ruled the amendment to be a
substantive alteration.
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Section 5 - Severability:
If any provision or clause of this Agreement or the
application thereof to any person or circumstances is held
invalid, such invalidity shall not effect other provisions or
applications of this AgreelDent which can be carried out without
the invalid.provisionorapp1ication and to this end the
provisions of this Agreement are severable.
IN WITNESS WHEREOF, the parties have hereun.toexecuted
this Confidential Settlement Agreement and Release as of the
date last below written.
DATED:
November Jr, 1988
CENTRAL CITY SOUTH ASSOCIATION
By:
Its:
v~ D.~
WILLIAM D. ROSS
Authorized Representative
DATED:
November ~, 1988
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. LEO S C.MALB. G . . ........... ........
Its:
ATTEST:
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BRUCE V. MALKENHORST,
City Clerk
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DATED:
DATED:
November ~t 1988
ATTORNEYS' APPROVAL AS TO FORM:
November ~, 1988
ROSS & SCOTT
A professional Corporation
By:
w~~ b~~
William D. Ross
Attorneys for
CENTRAL CITY SOUTH ASSOCIATION
City Attorney
By: Da&d~B~a~l~Y~o/
City Attorney for
THE CITY OF VERNON
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ATTACHMENT "A"
Secti9n 7 - Amendment To Sections 4.4.2.
Section 4.4.2 of the Amended Interim Comprehensive
Zoning Ordinance is amended to read:
4.4.2 - Conforming Use In An Existing Building: An
existing building or portion of an existing building containing
a conforming use at the passage of this Ordinance cannot be
converted to a non-conforming use, except as set forth in
Section 4.4.8.
Sec~ion 8 - Amendment To Sections 4.4.3.
Section 4.4.3 of the Amended Interim Comprehensive
Zoning Ordinance is amended to read:
4.4.3 - Removal Of Non-Conforming Building, Structures,
And Uses: Every non-conforming building, structure and use
shall be completely removed or altered to structurally conform
to the uses and development standards permitted in the zone in
which it is located within the herein specified times:
a. Where property is unimproved or contains only
parking or where the property has only minor, temporary
or auxiliary buildings or structures: within three (3)
years of January 1, 1989.
b. Where the non-conformity occurred as a result of
the adoption of Ordinance No. 752 on February 25,
1964: within forty (40) years of that adoption date.
c. Where the non-conformity occurred as a result of
the adoption of Ordinance No. 856 on July 1, 1975:
within forty (40) years of that adoption date.
d. Where the non-conformity results from the
adoption of Ordinance ~o. 975, effective April 5, 1988,
or Ordinance No. 976, effective May 17, 1988 or from
this. Ordinance: within forty (40) years of January 1,
1989.
Section 9 - Amendment To Section 4.4.4.
Section 4.4.4 of the Amended Interim Comprehensive
Zoning Ordinance is amended to read:
4.4.4 - Inadequate Off-Street parking Or Loading: Any
use which does not conform with the parking and loading
requirements .of this Ordinance shall be subject to the
following provisions:
a. Where sufficient space exists on the lot or
parcel for compliance with the requirements of this
Ordinance, off-street parking and loading area shall be
provided in accordance with this Ordinance upon any
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change of use of occupancy or within three (3) years of
January 1, 1989, whichever shall occur first.
b. Where insufficient space exists on the lot or
parcel for compliance with the off-street parking
requirements of this Ordinance, at the time of any
expansion, or structural alteration of the building or
buildings, the City Council, in accordance with Section
5.1 (Variance), may relieve the occupant of all or part
of the provisions of the off-street parking and
maneuvering requirements if the City Council determines:
1. The strict application of the off-street
parking requirements of this Ordinance creates an
unreasonable hardship;
2. The proposed use will not adversely affect
the surrounding area; and
3. The existing use does not require the number
of spaces specified by this Ordinance.
c. Compliance with the off-street loading
requirements of this Ordinance shall occur at the time
of any changes in use, occupancy, expansion, structural
alteration of the building or within five (5) years of
the effective date of this Ordinance, whichever shall
occur first. However, the City Council, in accordance
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with Section 5.1 (Variance), may relieve the occupant
of all or part of the provisions of the off-street
loading requirements of this Ordinance if the City
Council determines:
1. The strict application of the off-street
loading requirements of this Ordinance creates an
unreasonable hardship;
2. The existing use does and will not adversely
affect the surrounding area; and
3. The use does not require the number of
spaces specified by this Ordinance.
In the granting of the variance, the City Council may
require that loading spaces and areas existing on the site
comply with the provisions of this Ordinance regarding length,
width, overhead clearance and any other dimensional standard.
Section 10 - Enactment Of Section 4.4.8.
Section 4.4.8 is added to the Amended Interim
Comprehensive Zoning Ordinance and enacted to read:
4.4.8 - Warehouse Use:
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a. A property in the M Zone which on the effective
date of this Ordinance is improved with a building area
of more than 50,000 square feet, but less than 75,000
square feet may sUbsequently be utilized for either
industrial or warehouse purposes until January 1, 2014.
b. If on January 1, 2014, said property is used as a
warehouse, then it may continue to be so utilized; and
if it is thereafter converted to industrial use, it may
not be reconverted to warehouse use at any time during
the time period specified in Section 4.4.3(d).
c. If on January 1, 2014, said property is used for
an industrial use, it may not thereafter be converted
to a non-conforming use within the zone.
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RESOLUTION 1IO.55~'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A LETTER AGREEMENT AMENDING
THE FIRM TRANSMISSION SERVICE AGREEMENT
BY AND BETWEEN THE CITY OF VERNON AND THE
SOUTHERN CALIFORNIA EDISON COMPANY
6 WHEREAS, the City Council of the city of Vernon
7 adopted Resolution No. 5539 on July 26, 1988, which approved
8 and au.thorized the execution of a Firm Tra.nsmission Service
9 Agreement ("Agreement") with Southern California Edison Com-
10 pany ("Edison"), under protest, which provided fortransmis-
11 sion service for the capac:i ty and energy which will be pur-
12 chased from the Department of Water Resources of the State of
13 California starting January 1, 1989; and
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WHEREAS, the City Council of the City of Vernon
15 adopted Resolution No. 5559 on October 4, 1988, which approved
16 and authorized the execution of a letter agreement with Edison
17 dated September 27, 1988, which provided Vernon with the op-
18 portunity to modify certain terms and conditions of the Agree-
19 ment in the event that the Federal Energy Regulatory commis-
20 sion ("FERC") or the courts made decisions in other matters
21 which would affect certain terms and conditions of the
22 Agreement; and
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WHEREAS, FERC has denied Edison's methodology which
24 was used in establishing the rates in the Agreement; and
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WHEREAS, Vernon and Edison desire to enter into a
26 letter agreement amending the Agreement to provide for initial
27 transmission services rates in conformance with the FERC's
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1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
2 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City Council of the City of Ver-
4 non hereby finds and determines that the recitals contained
5 hereinabove are true and correct.
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SECTION 2: That the City Council of the city of Ver-
7 non hereby approves the letter aqreement, a copy of which has
8 been presented to the City Council concurrently with this
9 resolution, and the City Council hereby orders said letter
10 aqreement to be received and filed by the City Clerk.
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SECTION 3: That the City Council of the City of Ver-
12 non hereby authorizes the Mayor and the city Cle~k to execute
13 said letter aqreement for, and on behalf of, the City of Ver-
14 non.
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SECTION .: The City Clerk of the City of Vernon
16 shall certify to the passaqe of this resolution and thereupon
17 and thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 8th day of November, 1988.
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ATTEST:
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 5566
, was duly adopted by the City Council
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of the City of Vernon, and was approved by the Mayor of said
an adjourned
City at x/regular meeting of the City Council held on Tuesday,
November 8 , 19 88
L-, /H/Z;~
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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