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EJC:ar <br />3/17/82 <br /> <br />RESOLUTION NO. 82-47 <br /> <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br /> SANTA ANA AUTHORIZING OFFICERS OF THE CITY TO <br />NEGOTIATE THE PURCHASE OF THE WATER SYSTEM IN SANTA <br />ANA OWNED BY THE SOUTHERN CALIFORNIA WATER 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 <br />a water system within the boundaries of the city for the <br />same purposes; and <br /> <br /> WHEREAS, the City of Santa Ana has determined that <br />all water service to the public within its boundaries should <br />be rendered by the city; and <br /> <br /> WHEREAS, the city has a power of eminent domain by <br />which to acquire the water system of Southern California <br />Water Company, and in order to carry out that policy of the <br />city, it is necessary that the city acquire the aforementioned <br />properties of Southern California Water Company, whether or <br />not that company is willing to sell such property; and <br /> <br /> WHEREAS, Charles L. Stuart, Vice President of the <br />Southern California Water Company, requested that the city <br />pass a resolution mentioning that it will, if necessary, <br />exercise its power of eminent domain; and <br /> <br /> WHEREAS, this resolution is not to be interpreted <br />as being a resolution of necessity, pursuant to Code of <br />Civil Procedure S 1245.220; and <br /> <br /> WHEREAS, the City Council has been informed that <br />the Southern California Water Company will not enter into <br />negotiations regarding the acquisition of any of its property <br />prior to the passage of a resolution of this nature, and has <br />specifically requested the passage of a resolution of this <br />nature; and <br /> <br /> WHEREAS, the City Council is aware of Government <br />Code S 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 compulsion. <br /> <br /> <br />