CC RESOLUTION 783RESOLUTION NO. 783
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, MAKING
CERTAIN DETERMINATIONS AND COMMITMENTS
WITH REFERENCE TO SHARING IN THE COST OF
A CERTAIN SEWAGE TREATMENT PLANT AND OCEAN
OUTFALL.
WHEREAS, there is now pending in the Superior
Court of the State of California, in and for the County of
Los Angeles, a certain action entitled: "The People of the
State of California, Plaintiff, vs. City of Los Angeles, a
Municipal Corporation, et al., Defendants" which bears No.
489,890 in said court, and in which said action the Plaintiff
seeks an injunction and certain other relief with reference to
the polution of the waters of the Pacific Ocean, alleged to be
occasioned by the discharge of sewage effluent into Santa Monica
Bay from the sewage plant and outfall of the City of Los Angeles,
located at Hyperion near said City of E1 Segundo;
AND, WHEREAS, among others, said City of E1 Segundo
and the members of the City Council and the City Engineer of
said city, are parties defendant in said action;
AND, WHEREAS, under date of September. 12, 1945 the
City Attorney of the defendant City of Los Angeles addressed
a communication to the City Attorney of said City of El Segundo,
which said communication was and is in words and figures as
follows:
Heading of City Attorney's Office of
Los Angeles
"Clyde Woodworth, City Attorney
City of E1 Segundo
210 East Queen Street
Inglewood, California
Dear Sir:
3r
"September 12, 1945
"The City of Los Angeles has under consideration
the matter of determining upon the method to be follow-
ed in financing the construction of the proposed
021,000,000.00 Sewage Treatment Plant. In considering
the matter, it would be most helpful to have information
as to when the City of E1 Segundo will be in a position
to pay its proportionate share of the construction
cost, which we understand, is .21 %, or a maximum of
$44,424.00.
"It is, of course, understood that proper con-
tracts mast be prepared and executed before any payment
will actually be made, but in order to determine how the
necessary financing can be most quickly and practically
arranged, it is necessary that we know, as closely as
possible, what funds we may depend on receiving from
the various cities, sanitation districts and corpora-
tions which will dispose of their sewage by means of
the proposed Sewage Treatment Plant. It is also vitally
Important to know approximately when such funds will be
available.
"May we, therefore, ask that you kindly advise us
as to when it is reasonably expected that the City of
E1 Segundo will be in a position to pay its proportion-
ate share of the proposed Sewage Treatment Plant. It is
of course, understood that this will be merely an expression
of your best judgment in the matter, and is in no way Inv
tended to be a definite commitment. We should like this
Information at your earliest convenience, as we hope to
have a definite financing plan determined upon prior to
November 26, 1945, the date the State's case is now set
for trial.
Yours very truly,
RAY L. MMEBRO, City Attorney
By Roger Arnebergh,
RA:JS ROGER ARNEBERGIi,
Assistant City Atty." ;
AND, WHEREAS, said communication was duly received
by the City Attorney of the City of E1 Segundo on the 13th day
of September, 1945;
AND, WHEREAS, on the said 13th day of September, 1945,
said City Attorney of the City of E1 Segundo forwarded to the
Mayor and to each of the members of the City Council, and to
the City Engineer and City Clerk of said city, a copy of said
above quoted communication from said City Attorney of Los
Angeles, together with a communication from said City
Attorney of said City of E1 Segundo in words and figures as
follows:
2-
"September 13, 1945
"Honorable Mayor and City Council,
City Engineer and City Clerk,
City Halls
EL Segundo, California.
Gentlemen:
I am enclosing to each of you herewith a
copy of a letter which I have dust this morning re-
oeived from the office of the City Attorney of Los
Angeles regarding the proposed sewage treatment
plant, eto.
I am furnishing this copy at this time so
that the matter may be discussed at the Council
meeting to be held September 19th, as per my letter
of acknowledgment, a copy of which is also enclosed
herewith for your information,
OW: EL
Encl.
Yours very truly,
Clyde Woodworth
City Attorney
AND, WHEREAS, said communication from said City
Attorney of said City of El Segundo was received by said Mayor
and the members of said City Council, and by said City
Engineer and City Clerk, in due course of the United States
mail, and each of said officials had full opportunity to
examine and consider the said letter from said City Attorney
of said City of Loa Angeles to said City Attorney of said
City of E1 Segundo, dated September 12, 1945, and which is
hereinabove set forth at length;
AND, WHEREAS, at the regular meeting of the City
Council of the City of E1 Segundo held on the 19th day of
September, 1945, the members of the City Council of said City
of El Segundo instructed the City Attorney of said City of
E1 Segundo to make reply to said communication of said City
Attorney of said City of Los Angeles, as indicated in the
following, which is a full, true and correct quoted excerpt
from the official approved minutes of the said City Council
of the City of E1 Segundo of September 19, 1945s towit:
3-
"Discussion was had with reference to the
inquiry received from the City Attorney of the City
of Los Angeles with reference to the financing of
the share of the City of E1 Segundo in the cost of
the proposed treatment plant and facilities at Hyperion.
After such discussion, the City Attorney was informally
authorized to advise the City Attorney of the City of
Los Angeles., in response to his letter, that the City
of E1 Segundo is in a position at this time to properly
finance, in cash, its proportionate share of any proper
cost involved and that It would do so under the terms
of its existing contract with the City of Los Angeles."
AHD, WHEREAS, acting upon the instructions of the
members of said City Council of said City of E1 Segundo, the
City Attorney of said City of El Segundo, under date of
September 20, 1945, did address and immediately dispatch in
the United States mail a communication to the City Attorney
of the City of Los Angeles in words and figures as follows:
"September 20, 1945
"Honorable Ray L. Chesebro,
City Attorney,
City Hall,
Los Angeles (12), California.
RRe: Construction of Sewage Plant
Dear Sir:
"Responding to your le
with reference to ".., when
be in a position to pay its
construction cost, which we
maximum of $44,424.00 ", you
follows:
tter of September 12, 1945s
the City of El Segundo will
proportionate share of the
understand, is .21 %, or a
will please be advised as
First: I have consulted with the City
Council of the City of El Segundo respecting
your said inquiry and have the authority of
the members of the City Council to transmit
this letter.
Second: The City of E1 Segundo is in a
position at this time to pay its proportionate
share in cash whenever such payment is lawfully
required.
T : We believe that this payment can and
sho d be wade under our existing contract with
the City of Los Angeles, and that it is not
necessary to execute any new or amended contract
In the premises.
"Trusting that the foregoing will materially assist
you in the problem with which you are now concerned, I am
Yours very truly,
Clyde Woodworth
CW :EL City Attorney "
4..
AND, WHEREAS, this Council now desires to make
a further official expression with reference to the subjects
and matters referred to in said various communications here -
inabove quoted;
NOW, THEREFORE, the City Council of the City of
El Segundo, California, does hereby resolve, declare,
determine and order as follows:
SECTION 1. That said City Council, for and on
behalf of said City of E1 Segundo, does hereby approve,
ratify and confirm in each and every particular, the commu-
nication from the City Attorney of the City of El Segundo to
the City Attorney of the City of Los Angeles, dated September
200 1945, and which is hereinabove quoted in the preamble
of this resolution; and does hereby definitely commit the
City of El. Segundo to pay its proportionate share in cash
whenever such payment is lawfully required, of the construct-
ion cost of the proposed new Hyperion Sewage Treatment Plant,
which is contemplated in the report made to the Board of
Public Works of the City of Los Angeles, by Metcalf & Eddy,
which is entitled: "Sewage Disposal for Los Angeles and
Associated Communities," and bears date of April 25, 1944;
and also to pay its proportionate share in cash when such
payment is lawfully required, of the construction cost of
the proposed new ooean outfall, the construction of which
the City of Los Angeles is presently advertising for bide.
SECTION 2. That the City Council of said City of
El Segundo, on behalf of said city, proposes to and will
make such payments for its proportionate share of the said
construction costs of said new sewage disposal plant, and
of said outfall under and pursuant to and in accordance with
the provisions of the current existing agreement between said
0
g� Y M
3L(j % . 5N
City of Los Angeles and said City of El Segundo, which
was entered into under date of June 25, 1925, the original
of which is now on file in the office of the City Clerk of
said City of E1 Segundo, and a full, true and correct copy
of which is attached as "Exhibit A" to the answer of the
City of El Segundo, and its officers, on file in said
above entitled Superior Court action, and hereby referred
to and by this reference expressly incorporated herein and
made a part hereof.
SECTION 3. That it has always been, and is now,
the attitude and policy of the City of E1 Segundo and its
officers to at all times promptly pay and discharge its full
proportionate share of all costs and charges of every kind
and nature which said city is obligated to pay and discharge
under the provisions of said current and existing contract
between said two cities herelnabove referred to.
SECTION 4. That the City Clerk shall certify to
the passage and adoption of this resolution; shall cause
the original of the same to be entered in the book of re-
solutions of the said City of El Segundo, and shall make a
minute of the passage and adoption thereof in the records
of the proceedings of the City Council of said city, in the
minutes of the meeting at which the same is passed and
adopted.
SECTION 5. That this resolution shall take effect
immediately.
Passed, approved and adopted this 5th day of
December, A. D., 1945.
California.
0
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF EL SEGUNDO
I, Victor D. McCarthy, City Clerk of the City
of El Segundo, California, do hereby certify that the whole
number of members of the City Council of the said city is
five; that the foregoing resolution, being Resolution No.
was passed and adopted by the said City Council,
approved and signed by the Mayor of said city and attested
by the City Clerk of said city, all at a regular meeting of
the said Council held on the 5th day of December, A. D.,
1945, and that the same was passed and adopted by the
following vote:
AYES: Councilmen Hesser, Peter =or, 4m11-- rd At- , �'Pitiy,
;
NOES: Councilmen None. ;
ABSENT: Councilmen Tromnson. .
(SEAL)
460,a
7-