HomeMy WebLinkAboutResolution No. 1179 1802
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY REQUESTING THE PREPARATION OF PLANS,
SPECIFICATIONS, AND ESTIMATES OF COST FOR THE
INSTALLATION OF WATER MAINS IN PROPOSED ASSESS -
MENT DISTRICT NO. 82 (STAMPS AVENUE)
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
FOLLOWS:
SECTION 1. The City Council finds and determines:
(1) That pursuant to the decision of the
District Court of Appeal in the case of People ex rel. the
City of Downey vs. Downey County Water District, said Downey
County Water District was merged with the City and dissolved
as of December 6, 1957.
(2) That the persons acting as the Board of
Directors of the former Downey County Water District have
failed and refused to turn over to the City of Downey the assets,
facilities, and properties formerly belonging to said District,
as they contend that the aforementioned decision of the District
Court of Appeal did not set forth the procedures for the turning
over of said assets, facilities, and properties to the City nor
specify the limitations upon which the City might receive and
use the same.
(3) That by reason of the contention of said
members of the Board of Directors of the former Downey County
Water District, litigation is pending in the courts of this state
to determine the procedures by which said transfer may be made.
(4) That said members of said former Board of
Directors continue to act as the management of said facilities.
(5) That proposed Assessment District No. 82
._ for the improvement of Stamps Avenue from Gainford Street to
Suva Street requires the installation of water mains.
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(6) That Section 5170 of the Streets and
Highways Code provides, in part, that when the distribution
of a domestic water supply in a proposed assessment district
is under the `management and control" of a public agency other
than the city ordering the work done in said assessment district,
the plans and specifications for such distribution system shall
be prepared by such public agency.
(7) That the proposed improvement in Assess-
ment District No. 82 is required by the public convenience and
necessity and cannot wait upon the determination of the pending
litigation and a court order requiring the transferring of the
facilities, assets, and properties formerly belonging to the
Downey County Water District to the City of Downey.
THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
FURTHER RESOLVE AS FOLLOWS:
That without admitting the right or power of the persons
acting as the Board of Directors of the former Downey County
Water District to retain the management and control of the
facilities, assets, and properties of said District and without
conceding that the water distribution system properly is under
the management and control of such persons, that for the purpose
of avoiding a contention that there has not been compliance with
Section 5170 et seq. of the Streets and Highways Code, the City
Council of the City of Downey hereby requests those persons
purporting to act as the Board of Directors of the former Downey
County Water District by reason of their continuing to exercise
control and management of the facilities, assets, and properties
formerly belonging to said District, to furnish the legislative
body of the City of Downey plans and specifications for adequate
and appropriate conduits, pipes, hydrants, and other appurtenances
necessary for the the purpose of supplying and distributing
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II
domestic water supplies within proposed Assessment District
No. 82 and further to furnish to the City Council of the
City of Downey an estimate of the costs of such facilities.
SECTION 2. The City Clerk shall certify to the adoption
of this resolution.
Al
APPROVED AND ADOPTED this day of , 1963.
L
Mayor
ATTEST:
City Clerk
I HEREBY CERTIFY that the foregoing resolution was adopted
at a meeting of the City Council of the City of Downey
oy/ -
held : oh the :i") day of , 1963, by the affirmative
vote of at least L-; councilMen, to wit:
Councilmen: / _
NOES: Councilmen:
ABSENT: Councilmen:
y C er'
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