Resolution No. 5153
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RESOLUTION NO. 5153
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON AUTHORIZING OFFICERS OF THE CITY TO
NEGOTIATE THE PURCHASE OF THE WATER SYSTEM
IN THE CITY OF VERNON OvmED BY THE SOUTHERN
CALIFORNIA WATER COMPANY
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WHEREAS, the City of Vernon has established and operates
7 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 Vernon 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 t~ 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, Richard F. Gruszka, 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 ~1245.220 of the
Code of Civil Procedure; and
WHEREAS, the City Council has been informed that the
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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 ~7267.5 of the
Government Code 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
finds and determines that, in lieu of immediately initiating
litigation for the acquisition by eminent domain of such
property, the officers of the City of Vernon are hereby
instructed to explore the possibilities of effecting the
acquisition of the aforementioned properties of Southern
California Water Company through a negotiated transaction,
rather than as a result of litigation.
SECTION 2: That the officers of the city of Vernon
are instructed in the course of such negotiations 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 enforcement of the City's right of eminent
domain, if it is not possible to arrive at a negotiated
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1 acquisition by the City of these properties.
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SEc'rION 3: That the city Council of the City of
3 Vernon further determines that it will, if necessary, exercise
4 its power of eminent domain to condemn and acquire the
5 aforementioned water system properties of Southern California
6 Water Company.
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SECTION 4: That the City Clerk of the City of Vernon
shall certify to the passage of this Resolution and thereupon
9 and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 6th day of November, 1984.
ATTEST:
Sf Bru~e V. Malkenhorst
BRUCE V. MALKENHORST, City Clerk
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I. I, "jP.tJCE V. :tv'AT-JKENHORST, City Clerk of the City of
r~on, do hereby certify that the foregoing Resolution, b~ing
Resoluti01"' ~o~ 5153
was duly adopted by the City Council of
theC~ty of Vernon, and was approved by the Mayor of said City
Ian adjourned
at E-reg;u.;...'1r meeting of the City C.ouncil held on Tuesday,
November 6
, 19 84
Sf Bruce V. Malkenhorst
BRUCE V. YALKENHORST, City
Clerk
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