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73-118
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73-118
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Last modified
10/31/2014 11:51:06 AM
Creation date
6/26/2003 10:46:46 AM
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City Clerk
Doc Type
Resolution
Doc #
73-118
Date
10/15/1973
Document Relationships
58-281
(Amends)
Path:
\Resolutions\CITY COUNCIL\1952 - 1999\1958
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RESOLUTION NO. 73-119 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA AUTHORIZING THE DEPART- <br />MENT OF PUBLIC WORKS TO NEGOTIATE THE <br />PURCHASE OF THE WATER SYSTEM IN SANTA ANA <br />OWNED BY THE SOUTHERN CALIFORNIA WATER <br />COMPANY <br /> <br /> WHEREAS, the City of Santa Ana has established and <br />operates a system for the public distribution of water for <br />domestic purposes; and <br /> <br /> WHEREAS, Southern California Water Company operates a <br />water system within the boundaries of the City for the same <br />purposes; and <br /> <br /> WHEREAS, the City of Santa has determined that all water <br />service to the public within its boundaries should be rendered <br />by the City; and <br /> <br /> WHEREAS, the City has a power of eminent domain by which <br />to acquire the water system of Southern California Water Com- <br />pany and in order to carry out that policy of the City it is <br />necessary that the City acquire the aforementioned properties <br />of Southern California Water Company, whether or not that <br />Company is willing to sell such property; and <br /> <br /> WHEREAS, in a letter dated October 4, 1973, to the City <br />of Santa Ana from C. L. Stuart, Vice President of the Southern <br />California Water Company and in a proposed resolution attached <br />to that letter, it is requested that the City pass a resolu- <br />tion mentioning that it will, if necessary, exercise its <br />power of eminent domain. Said letter and suggested resolution <br />are attached hereto and incorporated by this reference as Exhi- <br />bit A as if fully set forth herein; and <br /> <br /> WHEREAS, this resolution is not to be interpreted as being <br />a condemnation resolution; and <br /> <br /> WHEREAS, Council has been informed that the Southern <br />California Water Company will not enter into negotiations <br />regarding the acquisition of any of its property prior to the <br />passage of a resolution of this nature and has specifically <br />requested the passage of a resolution of this nature; and <br /> <br /> WHEREAS, the City Council is aware of Government Code <br />Section 7267.5 prohibiting public entities from taking any <br />type of coercive action towards compelling an agreement of <br />the price to be paid for property and expressly disclaims <br />any desire to use this resolution as a method of complusion, <br /> <br /> NOW, THEREFORE, BE IT RESOLVED, that the City of Santa <br />Ana finds and determines that, in lieu of immediately initiat- <br />ing litigation for the condemnation of such property, the <br />City Officials are hereby instructed to explore the possibi- <br />lities of effecting the acquisition of the aforementioned <br />properties of Southern California Water Company through a <br />negotiated transaction rather than as a result of litigation, <br />and <br /> <br /> BE IT FURTHER RESOLVED, that the City Officials are <br />instructed in the course of such negotiations, to state the <br />the City has the power of condemnation with respect to the <br />aforementioned properties of Southern California Water <br /> <br /> <br />
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