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RESOLUTION NO. 73-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DEPART- MENT OF PUBLIC WORKS TO NEGOTIATE THE PURCHASE OF THE WATER SYSTEM IN SANTA ANA OWNED BY THE SOUTHERN CALIFORNIA WATER COMPANY WHEREAS, the City of Santa Ana has established and operates 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 Santa 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 Com- pany and in order to 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, in a letter dated October 4, 1973, to the City of Santa Ana from C. L. Stuart, Vice President of the Southern California Water Company and in a proposed resolution attached to that letter, it is requested that the City pass a resolu- tion mentioning that it will, if necessary, exercise its power of eminent domain. Said letter and suggested resolution are attached hereto and incorporated by this reference as Exhi- bit A as if fully set forth herein; and WHEREAS, this resolution is not to be interpreted as being a condemnation resolution; and WHEREAS, Council has been informed that the 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 Government Code Section 7267.5 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 complusion, NOW, THEREFORE, BE IT RESOLVED, that the City of Santa Ana finds and determines that, in lieu of immediately initiat- ing litigation for the condemnation of such property, the City Officials are hereby instructed to explore the possibi- lities of effecting the acquisition of the aforementioned properties of Southern California Water Company through a negotiated transaction rather than as a result of litigation, and BE IT FURTHER RESOLVED, that the City Officials are instructed in the course of such negotiations, to state the the City has the power of condemnation with respect to the aforementioned properties of Southern California Water