HomeMy WebLinkAboutResolution No. 6265 ill
RESOLUTION NO. 6265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GIVING NOTICE OF ITS INTENT TO INITIATE DETACHMENT AND
EXCLUSION PROCEEDINGS FROM THE WATER REPLENISHMENT
DISTRICT OF SOUTHERN CALIFORNIA.
WHEREAS,the City of Downey ("Downey") is currently within the territory of
the Water Replenishment District of Southern California("District"); and
WHEREAS, Downey is the owner of an adjudicated water right which allows it
to produce groundwater from the Central Basin and use it beneficially, and
WHEREAS, Downey currently pays an assessment on water it extracts pursuant
to its adjudicated water rights, which assessment is levied by the District pursuant to
Section 60317 of the Water Replenishment District Act(California Water Code §§60000
et seq. and hereinafter the "Act"); and
WHEREAS, Downey has and continues to assert that the current levy of the
assessment for the ensuing year 1999-2000 commencing on July 1, 1999 ("FY 1999-
2000")which the District established on April 16, 1999, is unlawful, unnecessary, overly
burdensome, exceeds the statutory authority of the District and unconstitutionally taxes
Downey's water rights; and
WHEREAS,the proposed use of said assessment is for purposes which are
neither authorized to be undertaken by the District under the Act nor are they effective in
that said purposes are not necessary to carry out the purposes of the Act and therefore
result in the waste of public funds from the assessment; and
WHEREAS,the assessment rate for FY 1999-2000 does not account for the use
of the existing excess cash reserves of the District for any authorized or legal use of the
District; and
WHEREAS,the cost of administration by the District is excessive and wasteful;
and
WHEREAS, the assessments levied by the District in recent prior years have been
excessive and overly burdensome resulting in the accumulation of excess cash reserves
by the District; and
RESOLUTION NO. 6265
Page 2
WHEREAS,the District proposes to incur municipal bonded indebtedness for the
purpose of constructing certain facilities which will not be designed or located in a
manner to benefit the holders of water rights in the basin, the water users or taxpayers of
Downey, or to advance the purposes of the Judgment pursuant to which Downey holds
adjudicated water rights, and
1
WHEREAS, said bonded indebtedness impairs the security of Downey's
adjudicated water rights without voter approval of Downey's ratepayers and citizens; and
WHEREAS, Downey desires to avoid the District's encumbrance of Downey's
water rights; and
WHEREAS, California law provides for territory within the District to be
excluded or detached from such District upon the filing of an application with LAFCO.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
DOES RESOLVE AS FOLLOWS:
Section 1. That the District's replenishment assessment does not directly or
indirectly benefit the persons or property with the City of Downey.
Section 2. That the District's proposal to incur bonded indebtedness constitutes
an unlawful and unauthorized tax upon the property rights of the citizens and water users
of Downey.
Section 3. That the City of Downey hereby declares its intention to be excluded
and detached from the territory of the District and to seek such detachment and exclusion
by whatever legal means are available to the City.
Section 4. That the City Clerk mail this Notice to the Los Angeles County
Local Agency Formation Commission, the Water Replenishment District of Southern
California [and each interested agency/entity within the District].
Section 5. That the City Clerk shall certify to the adoption of this Resolution.
RESOLUTION NO. 6265
Page 3
APPROVED AND ADOPTED this 11th day of May 1999.
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Ma'or , ,,ARY P. MC
ATTEST:
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1 ITH E. MC DONNEL , City Clerk
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 11 th day
of May , 1999, by the following vote:
AYES: 5 Council Members: Lawrence, McCarthy, Perkins, Winningham, McCaughan
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
JU"ITH E. MC DONNELL, City Clerk
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