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HomeMy WebLinkAboutResolution No. 3364 RESOLUTION NO. 336+ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS DECISION TO ACQUIRE CERTAIN PORTIONS OF THE PARK WATER COMPANY AND SOUTHERN CALIFORNIA WATER COMPANY WATER SYSTEMS WHEREAS, Park Water Company owns and operates a water distribution system within the City of Downey, integral portions of which system are located within adjacent cities; and WHEREAS, Southern California Water Company owns and operates a water distribution system within the City of Downey, integral portions of which system are located within adjacent cities; and WHEREAS, Park Water Company in conjunction with said distribution system has received certain adjudicated water rights pursuant to the judgment entered in that certain water adjudication suit entitled Central and West Basin Water Replen- ishment District, et al., Plaintiff vs. Charles E. Adams, et al., Defendants; and WHEREAS, the City has determined that it is necessary and in the public interest for it to acquire said properties of Park Water Company and Southern California Water Company; and WHEREAS, the City Manager previously has been au- thorized to negotiate to obtain such properties and to inform the owners of such properties that the City has decided to ob- tain said water rights and systems by use of eminent domain proceedings if the results of such negotiations are not satis- factory to City; and WHEREAS, the City is desirous of acquiring through eminent domain, if necessary, such referred to properties of -1- a Park Water Company and Southern California Water Company, and the City has the power to so acquire; NOW, THEREFORE, the City Council does resolve as follows: SECTION 1. The City reaffirms its decision and in- tention to initiate such proceedings as are necessary to ob- tain such water distribution systems and water pumping rights by means of the exercise of its power of eminent domain, un- less such systems and rights can be acquired through a volun- tary sale arranged by the City Manager, SECTION 2. The City Attorney is instructed to write letters to Southern California Water Company and Park Water Company expressing and reasserting the City's decision with respect to the above described water distribution systems and water pumping rights. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 22nd day of December , 1976. 7 , /! Mayor ATTEST; City Clerk -2- . t STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss. CITY OF DOWNEY I HEREBY CERTIFY that the foregoing Resolution No. 3364 was adopted at an adjourned regular meeting of the City Council of the City of Downey held on the 22nd day of December, 1976, by the following vote, to wit: AYES: 5 councilmen Greene, Jennings, Miller, Jackman, Scotto NOES: 0 Councilmen:None ABSENT: 0 Councilmen:None City Clerk -3-- A G R E E M E N T This Agreement entered into this 13th day of December, 1976, by and between the CITY OF DOWNEY, a municipal corporation, hereinafter referred to as "City ", PARK WATER COMPANY, a California corporation, hereinafter referred to as "Park" and SOUTHERN CALIFORNIA WATER COMPANY, a California corporation, hereinafter referred to as "SCWC ". WHEREAS, the City has indicated to Park its inten- tion to acquire certain water distribution facilities, water rights and water pumping rights all owned by Park and located partially within and partially without the boundaries of the City; and WHEREAS, the City has indicated to SCWC its inten- tion to acquire certain water distribution facilities owned by SCWC and located partially within and partially without the boundaries of the City; and WHEREAS, the City has indicated to Park and SCWC that it will pursue such courses, including the exercise of its power of eminent domain, as it has available for the purposes of acquisition; and WHEREAS, each of the parties hereto are all respec- tively desirous of avoiding the problems of and expenses of litigation and intend to continue negotiations for the out- of-court acquisition of all of said properties to avoid the costs and expenses of eminent domain litigation; and WHEREAS, it is the intent of the City to exercise such power in the event the negotiations fail; and WHEREAS, the parties are desirous of facilitating negotiations by the means of this agreement, NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. The City Council will cause the City Manager of the City and appropriate staff to continue and actively pursue negotiations for the purpose of consummating the acquisition of said water distribution facilities, water rights and water pumping rights as the case may be. 2. In the event an agreement for the acquisition of said facilities and properties is not entered into, or if entered into subsequently is terminated for any reason, or if for any reason the acquisition of said water distribution facilities, water rights and water pumping rights is not con- summated, the City shall not be liable for any damages in -2- inverse condemnation or eminent domain and Park and SCWC waive any and all claims for the same by reason of any intention, announced orally or by resolution during such negotiations, to initiate proceedings for acquisition by eminent domain. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF DOWNEY By Y - zel N. Scotto, Mayor PARK WATER. COMPANY By 4 w.: SOUTHERN CALIFORNIA WATER COMPANY By (i -3-