00141
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RESOLUTION NO. 14
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS, CALIFORNIA, AUTHORIZING AGREEMENT FOR PRESERVA-
TION OF RIGHTS UNDER SECTION 34333 OF THE GOVERNMENT
CODE OF THE STATE CALIFORNIA.
WHEREAS, Section 34333 of the Government Code
provides that:.
"Whenever a City has been incorporated from
territory formerly unincorporated, the Board of Super-
visors shall continue to furnish, without additional
charge, to the area incorporated all services furnished
to the area prior to incorporation. Such services shall
be furnished for the remainder of the fiscal year during
which the incorporation became effective or until the
legislative body of the City requests discontinuance
of the services, whichever first occurs.";
and
WHEREAS, the City Council of the City of Rolling
Hills has authorized execution for and on behalf of the
City of Rolling Hills of certain agreements.for the
rendering of services to said City by the County of
Los Angeles and contemplates requesting the County to
render additional services from time to time; and
WHEREAS, the City Council of the City of Rolling
Hills desires to preserve all rights of said City under
Section 34333 of the Government Code of the State of
California; and
WHEREAS, the County of Los Angeles has indicated
its willingness to enter into an agreement providing
for the preservation of said rights and has submitted
to this Council a form of agreement for the preservation
of said rights;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and
City Clerk of the City of Rolling Hills, be and they
are hereby authorized, empowered and directed, for and
on behalf of the City of Rolling Hills to execute an
agreement in the form presented to this Council for
the preservation of rights under Section 31333 of the
Government Code;
THAT the Mayor shall sign this resolution and the
City Clerk shall attest and certify to the passage and
adoption thereof and that there shall be attached to
the permanent file copy of this resolution a copy of
the form of agreement above referred to.
The City Clerk is directed to forward a certified
copy:'sof this resolution to the Clerk of the Board of
Supervisors.
PASSED, APPROVED, AND ADOPTED THIS 24th day of
January, 1957.
Mayor of the City of oto' ling 'Bills
ATTEST:
r0i W"Arm. - a
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APPROVED A TO FORM:
t
uiry.ALzorney
AGREEMENT FOR PRESERVATION OF
RIGHTS UNDER SECTION 34333 OF
THE GOVERNMENT CODE.
THIS AGREEMENT made and entered into this 24th day of,
January, 1957, by and between THE CITY OF ROLLING HILLS,
hereinafter referred to as "City",. -and the COUNTY OF LOS
ANGELES, hereinafter referred to- as
WITNESSETH:
WHEREAS, City became incorporated on January 24th, 1957,
and
'WBEREASs City and County have since that date entered
into ' certain contracts for the performance" by the County for
and on behalf of the City of certain specified services
within the City, and City and County may hereafter enter
into other similar contracts; and
WHEREAS.,,City and County may be unable to arrive at
a mutually satisfactory agreement'as to the kinds and
extent of services which County is obligated to continue
to furnish within the area of City for the potiod from
January 24th.,`tq June 30., 1957, pursuant to Section 34333
of the Government Code; and
WHEREAS., City desires to protect and preserve any and
all rights which it may have to the performance of services
by County'within the. incorporated area of Cit without
additional charge, pursuant to said Section 133 of the
Government Code;
.-NOWs,;THEREFORE., it is hereby mutually agreed between
the parties hereto that the execution heretofore or here-
after of any contract, for the performance by the County
on behalf of the City of specified services within the City,
shall not constitute a waiver of any rights which City may
have to the furnishing by County without additional charge
to the incorporated area of City.of all services furnished
to the area prior to Incorporation, for the balance of the
fiscal' year 1956-57 as may be required by Section 34333 of
the Government -Code.
The fact that any such contract has been entered into
between City and County shall not estop City from asserting
or enforcing by court action., or other appropriate means,,
any claim City*may have for the furnishing by County of
services within the incorporated area of the City pursuant
to Section 3.333 of the Government Code, or from claiming
or seeking to enforce a refund of any sums paid to County
pursuant toany such service contract for services performed
by County during the fiscal year 1956-57 if it is deter-
minbd by the final judgment of any court that it was or is
the duty of County to furnish such services without addi-
tional charge to the incorporated area of City pursuant to
Section 34333 of the Government Code.
IN WITNESS WHEREOF,, the City has caused -these presents
to be subscribed by its Mayor and the seal of said City to
be affixed hereto and attested by the City Clerk of said ,
City, and County has by order of its Board of Supervisors"
caused these presents to be subscrib..ed by the Chairman of
said Board and the seal of said Board to affixed thereto
on the day and year first above written.
A EST: CIT" ILLS
erkor
ATTEST: Harold J. Ostly COUNTY OF,LOS,ANGELES
County Clerk and ex ,officio
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Clerk of the Board of Supervisors By
Cha. i r -man . 8. oard :6f- Supervisors