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3/17/82
RESOLUTION NO. 82-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING OFFICERS OF THE CITY TO
NEGOTIATE THE PURCHASE OF THE WATER SYSTEM IN SANTA
ANA OWNED BY THE SOUTHERN CALIFORNIA WATER COMPANY
WHEREAS, the City of Santa Ana has established and
operates a system for the public distribution of water for
domestic purposes; and
WHEREAS, Southern California Water Company operates
a water system within the boundaries of the city for the
same purposes; and
WHEREAS, the City of Santa Ana has determined that
all water service to the public within its boundaries should
be rendered by the city; and
WHEREAS, the city has a power of eminent domain by
which to acquire the water system of Southern California
Water Company, and in order to carry out that policy of the
city, it is necessary that the city acquire the aforementioned
properties of Southern California Water Company, whether or
not that company is willing to sell such property; and
WHEREAS, Charles L. Stuart, Vice President of the
Southern California Water Company, requested that the city
pass a resolution mentioning that it will, if necessary,
exercise its power of eminent domain; and
WHEREAS, this resolution is not to be interpreted
as being a resolution of necessity, pursuant to Code of
Civil Procedure S 1245.220; and
WHEREAS, the City Council has been informed that
the Southern California Water Company will not enter into
negotiations regarding the acquisition of any of its property
prior to the passage of a resolution of this nature, and has
specifically requested the passage of a resolution of this
nature; and
WHEREAS, the City Council is aware of Government
Code S 7267.5 prohibiting public entities from taking any
type of coercive action towards compelling an agreement of
the price to be paid for property and expressly disclaims
any desire to use this resolution as a method of compulsion.
RESOLUTION NO. 82-47
PAGE TWO
NOW, THEREFORE, BE IT RESOLVED, that the City
Council of the City of Santa Ana finds and determines that,
in lieu of immediately initiating litigation for the acqui-
sition by eminent domain of such property, the officers of
the City of Santa Ana are hereby instructed to explore the
possibilities of effecting the acquisition of the aforemen-
tioned properties of Southern California Water Company through
a negotiated transaction, rather than as a result of litigation.
BE IT FURTHER RESOLVED, that the officers of the
City of Santa Ana are instructed in the course of such nego-
tiations to state that the city has the power of eminent
domain with respect to the aforementioned properties of
Southern California Water Company, and to notify Southern
California Water Company of the determination of the city,
expressed in this resolution, to resort to the legal enforce-
ment of the city's right of eminent domain, if it is not
possible to arrive at a negotiated acquisition by the city
of these properties.
BE IT FURTHER RESOLVED, that the City of Santa Ana
further determines that it will, if necessary, exercise its
power of eminent domain to condemn and acquire the afore-
mentioned water system properties of Southern California
Water Company.
ATTEST:
ADOPTED this 5th day of ADr~] , 1982.
GUY c~.~
THE COUNCIL
COUNCI LMEMBERS:
GORDON
APPROVED AS TO FORM:
Bricken
Luxembourger Aye
Acosta ~¥e
Serrato ~¥e
Griset ~¥e
Marke± ~¥e
McGuigan ~ye
EDWARD J. ~OOP R~_~
CITY ATTORNEY