HomeMy WebLinkAboutCC RESO 12,223RESOLUTION NO. 12.223
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY DETERMINING
THAT BONDS MUST BE ISSUED AND SOLD
IN ORDER TO PROVIDE THE MONEY NECESSARY
TO PAY THE JUDGMENT ENTERED IN
ACTION NO. 306441 (South Bay Irrigation
District, An Irrigation District,
Plaintiff, vs. California -American
Water Company, et al., Defendants)
WHEREAS, Action No. 306441 (South Bay Irrigation District,
An Irrigation District, Plaintiff, vs. California -American
Water Company, et al., Defendants) was filed in the
Superior
Court of the County of San Diego on the loth day of May,
1968; and
WHEREAS, said action sought to acquire by eminent
domain
the water system owned by the defendant commonly
known as the Sweetwater District, all as more particularly
set forth in said action; and
WHEREAS, the City of National City filed a complaint in
intervention in said action on the 28th day of February,
1969; and
WHEREAS, an interlocutory judgment of condemnation was
entered in said action on February 20, 1973 which provided,
inter alia, "that upon payment into court for
defendant, California -American Water Company,
sum of $14,485,000.00, subject to defendant's
supplemental trial . . . , the property
condemned for the uses set forth in the
the benefit of
of the total
right to a
shall be
complaint."; and
WHEREAS, the aforesaid defendant appealed from said
judgment by notice of appeal dated May 14, 1973; and
WHEREAS, the Court of Appeal, Fourth Appellate District,
Division One, affirmed said judgment by decision filed (4th
Civ. No. 14040) on September 15, 1976; and
WHEREAS, the Supreme Court of the State of California
denied a petition by said defendant for a hearing on December 22,
1976; and
WHEREAS, said judgment has become final as far as the
courts of the State of California are concerned; and
WHEREAS, said judgment must be paid within 30 days
unless ". . it appears by affidavit that bonds . . . must
be issued and sold in order to provide the money necessary
to pay the sum assessed, then such sum may be paid at any
time within one year from the date of such judgment•
(see, Code of Civil Procedure 51251); and
WHEREAS, it is necessary that bonds be issued and sold
in order to provide the money necessary for South Bay Irrigation
District to pay all or any portion of the sum assessed.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City
Council of the City of National City that the Mayor is
authorized and instructed to file, and the Clerk is authorized
and instructed to attest to an affidavit to be filed in the
aforesaid legal proceedings (San Diego Superior Court Action
No. 306441), stating that bonds must be issued and sold in
order to provide the money necessary to pay the sum assessed
by reason of the aforedescribed judgment.
IT IS FURTHER HEREBY RESOLVED that the City Attorney of
the City of National City shall file such motions, pleadings,
and documents as may be necessary for the court to determine
the amount of money that will be required to be deposited in
order for South Bay Irrigation District and/or the City of
National City to take possession of the condemned property
in accordance with previous stipulations, court orders and
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Section 1254 of the California Code of Civil Procedure, and
to take such further steps as may be necessary to cause a
supplemental trial to be had and a determination made by the
court of the final sum to be awarded the defendant for the
taking of its properties in the aforesaid eminent domain
proceedings.
PASSED ANDADOPTEDat a regular meeting of the City
Council of the City of National City held on the 4th day of
January, 1977.
ATTEST:
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