HomeMy WebLinkAboutResolution No. 0998 RESOLUTION NO. 998
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY REQUESTING THE DOWNEY
COUNTY WATER DISTRICT TO TRANSFER ALL
BOOKS, RECORDS, ASSETS AND PHYSICAL PROP-
- ERTIES TO THE CITY OF DOWNEY
WHEREAS, the Superior Court of the State of California for
the County of Los Angeles, upon an action initiated by the City of
Downey on behalf of the People of the State of California on April 13,
1961, signed a judgment declaring that the Downey County Water
District had not become dissolved or merged with the City of Downey;
and
WHEREAS, thereafter the City of Downey on behalf of the People
of the State of California, appealed said judgment to the District Court
of Appeal; and
WHEREAS, on April 25, 1962, the District Court of Appeal of
the State of California, Second Appellate District, filed its decision
declaring that the judgment of the Superior Court was reversed and
directing the said court to enter a judgment declaring the dissolution
of the Downey County Water District as of December 6, 1957; and
WHEREAS, the decision of the said court now has become final;
_ NOW, THEREFORE, the City Council of the City of Downey does
resolve as follows:
SECTION 1. That at such time as the judgment in the case of the
People of the State of California, ex rel, City of Downey v. Downey
County Water District declaring that the Downey County Water District
merged with the City and was dissolved as of December 6, 1957,
becomes final, the City Council of the City of Downey declares its
intention to manage and operate said water system formerly under the
jurisdiction and control of the Downey County Water District and to take
possession and control of all books, records, equipment, personal and
real property and all other assets, rights and privileges of said district;
that at such time as said judgment so becomes final, said City Council
requests and demands that the persons acting or purporting to act as
officers, agents or employees of the prior existing Downey County
Water District submit and deliver to the City Council of the City of
Downey all of the files, books and records of said district and submit
and deliver a complete audit of said system as of December 6, 1957,
said audit to be prepared by a firm of certified public accountants
licensed to do business in the State of California, including its books,
records, financial status, facilities, water rights and all other things
of value.
SECTION 2. The City Clerk shall certify to the adoption of this
resolution and cause a certified copy thereof to be forwarded to those
persons purporting to act as the officers of said County Water District
and to the purported General Manager thereof.
APPROVED AND SUBMITTED this 26th day of June , 1962.
Mayor Pro Tempore
A TEST:
City Clev/k
I HEREBY CERTIFY that the foregoing Resolution was duly adopted
by the City Council of the City of Downey at a regular meeting thereof
held on the 26th day of June, 1962.
AYES: 3 Councilmen: Peavey, Morton, Corbin
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Skinner, Te le
City / C lerk