Resolution No. 71851
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RESOLUTION NO. 7185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE TERMINATION OF THE AGREEMENT
TO JOIN IN LITIGATION ENTERED INTO BETWEEN THE
CITY OF VERNON AND EDDIE SAENZ ON JUNE 6, 1995
WHEREAS, on January 30, 1995, the Cities of Compton,
Lynwood, South Gate and Vernon (collectively the "Cities") entered
into an Agreement to form the Association of Mitigation of Impacts
of Ports Expansion ("Association"); and
WHEREAS, the Association was formed by the Cities in order
to conduct litigation relating to the legality of the Third
Amendment to the Joint Powers Agreement (the "Third Amendment")
which formed the Alameda Corridor Transportation Authority; and
WHEREAS, on June 6, 1995, the City of Vernon entered into
an Agreement with Eddie Saenz, a resident of the City of Vernon and
a taxpayer of the State of California, regarding his participation
in a lawsuit challenging the Third Amendment (the "Agreement"); and
WHEREAS, the Cities, the Association, Eddie Saenz and Anita
Aviles filed a legal action identified as City of South Gate, et al.
vs. City of Los Angeles, et al., LASC Case No. BC 129447, Court of
Appeal Case No. 2nd Civ No. B100019 (the "Lawsuit") which challenged
the legality of the Third Amendment; and
WHEREAS, Section 3 of the Agreement entered into between
the City of Vernon and Eddie Saenz provides that the Agreement shall
terminate after the Lawsuit is resolved, including all appeals; and
WHEREAS, the Lawsuit has been fully and finally adjudicated
by the Second District Court of Appeal; and
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WHEREAS, pursuant to communication dated July 21, 1998,
Eddie Saenz advised the City of Vernon of his understanding that the
Lawsuit is now final and requested that the Agreement be formally
terminated; and
WHEREAS, the City of Vernon desires to terminate said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove
are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the termination of the Agreement to Join in Litigation
which was entered into between the City Council and Eddie Saenz on
June 6, 1995.
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 28th day of July, 1998.
(ATTEST:
BRUCE V. MALKENHORST, City Clerk
:W=
LEONIS MALBUR , May
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution
No. 7185, was duly adopted by the City Council of the City of Vernon
at an adjourned regular meeting of the City Council duly held on
Tuesday, July 28, 1998, and thereafter was duly signed by the Mayor
of the City of Vernon.
-3-
BRUCE V. MALKENHORST, City Clerk
REQUEST FOR TERMINATION OF AGREEMENT REGARDING
PARTICIPATION IN LITIGATION IN THE MATTER OF
CITY OF SOUTH GATE, ET AL vs. CITY OF LOS ANGELES,
ET AL. CASE NO. BC 129447
On June 6, 1995, I, Eddie Saenz, entered into an Agreement
with the City of Vernon regarding my participation as a plaintiff
in a lawsuit challenging the legality of the Third Amendment to a
Joint Powers Agreement which created the Alameda Corridor
Transportation Authority. I agreed to join in the lawsuit filed by
the Cities of South Gate, Vernon, Compton, Lynwood and the
Association for Mitigation of Transportation Impacts of Ports
Expansion against the Cities of Los Angeles and Long Beach, their
respective ports and harbor departments, WR Lazard and Company,
Inc., O'Brien Partners, Inc., Cerrell Associates, Inc. and
Strategic Transportation Policy Group (City of South Gate. et al.
v. City of Los Angeles, et al., Case No. BC 129447).
The Agreement provided that it would remain in effect until
the above -referenced litigation was concluded, including all
appeals. I have been advised that the decision by the Second
District Appellate Court is now final and has fully adjudicated the
rights of the parties.
Consistent with the terms of the Agreement, I hereby request
that the City of Vernon terminate the Agreement.
DATED: 7- Z 1- '5�8
EDDIE SAENZ
acta\saenz.agr