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00141 1 1 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 1 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 11 Clerk of the Board of Supervisors By Cha. i r -man . 8. oard :6f- Supervisors