HomeMy WebLinkAboutResolution No. 2618 RESOLUTION NO. 2618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE
STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT
A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS
AND DRAINAGE SYSTEM KNOWN AS CASH CONTRACT NO. S.S.132,
UNIT 2, MISCELLANEOUS TRANSFER DRAIN NO. 352, IN THE CITY
OF DOWNEY, FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND
IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE
THEREOF.
WHEREAS, there have been dedicated unto, or the City of Downey has
otherwise acquired, the storm drain improvements and drainage system
known as Cash Contract No. S.S. 132, Unit 2, Miscellaneous Transfer
Drain No. 352, described in Exhibit A, attached hereto; and
WHEREAS, the City of Downey is authorized and empowered to transfer
and convey unto the Los Angeles County Flood Control District any storm
drain improvements and drainage systems for future operation, maintenance,
repair and improvement; and
WHEREAS, the Board of Supervisors of the Los Angeles County Flood
Control District is authorized and empowered under Section 13 -3/4 of the
Los Angeles County Flood Control Act, as amended, to accept on behalf of
said District a transfer and conveyance of storm drain improvements and
drainage systems lying within the territorial boundaries of said District
whenever the governing body of any public agency owning or having
jurisdiction over such storm drain improvements and drainage systems by
resolution requests said Flood Control District to accept such improve-
ments and systems, except that such Flood Control District shall not
assume or be liable for any bonded indebtedness that may be against such
storm drains or drainage systems; and
WHEREAS, the best public interest will be served by transfer and
conveyance of the storm drain improvements and drainage system described
in Exhibit A, attached hereto, from the City of Downey to the Los Angeles
County Flood Control District for future operation, maintenance, repair
and improvement.
NOW, THEREFORE, BE IT RESOLVED that the City of Downey by and through
its City Council does hereby request that the Los Angeles County Flood
Control District accept the transfer and conveyance to said Los Angeles
County Flood Control District of the storm drain improvements and drainage
system described in said Exhibit A.
BE IT FURTHER RESOLVED that, subject to the acceptance thereof by
resolution of the Board of Supervisors of the County of Los Angeles, the
ex- officio governing body of said Los Angeles County Flood Control District,
the City Engineer of the City of Downey is directed and ordered to prepare
all necessary instruments and documents, including deed, to effectuate said
transfer and conveyance and to obtain the approval thereof of the Chief
Engineer of said District, and that the Mayor, acting on behalf of the
City of Downey, is authorized and instructed to execute said deed and
other instruments and documents. District shall have no obligation or
responsibility to maintain said storm drain, improvements and drainage
until all rights -of -way for said drain now vested in the City of Downey
and all other necessary rights -of -way therefore have been conveyed to and
accepted by District. Notwithstanding the foregoing, District may at its
sole discretion maintain said improvements and drainage system upon written
request by City prior to conveyance of said rights -of -way.
Resolution No. 2618
Page 2
Said transfer is limited to the drainage structure proper.
The City of Downey shall defend the County of Los Angeles and the
Los Angeles County Flood Control District and hold each of said
agencies free and harmless from any liability created by the con-
struction of the facility so transferred herein.
Reference is hereby made to District Drawing No. 275- 428- F51.1,
the plan and profile of said storm drain improvements and drainage
system on file in the Office of the City Engineer and on file in
the Office of the Chief Engineer of said District for further data
as to the exact location, extent and description of said storm drain
improvements and drainage system.
The City Clerk shall certify to the adoption of this resolution.
ADOPTED AND APPROVED THIS 23rd DAY OF November
197 1 .
ATTEST:
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CITY CLERK R
CITY OF DOWNEY
I HEREBY CERTIFY that the above and foregoing resolution was
adopted at a regular meeting of the City Council of the City of
Downey held on the 23rd day of November , 197 1 .
By the affirmative vote of at least four - fifths of the Councilmen,
to wit:
AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
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City Clerk