HomeMy WebLinkAboutCC RESO 10,387RESOLUTION NO. 1(1,3.87 ,
RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING
AN OFFER TO PURCHASE FROM CALIFORNIA-AMERICAN WATER
COMPANY ALL OF ITS SWEETWATER DISTRICT PROPERTIES
WHEREAS, the South Bay Irrigation District has
commenced Action No. 306441 in the Superior Court of San
Diego County, California, against the California -American
Water Company seeking to condemn its Sweetwater District
properties all as is more fully set forth in said proceed-
ing; and
WHEREAS, pursuant to a Joint Powers Agreement of
1969 between the South Bay Irrigation District and the City
of National City, the City has intervened in said action; and
WHEREAS, the District and City are now jointly pro-
ceeding to acquire by condemnation said properties in said
action; and
WHEREAS, several studies have been made by consult-
ants for the District and/or the City which concluded that
public ownership of the water supply and distribution facil-
ities serving the water consumers of District and City would
be in the public interest; and
WHEREAS, the Company and its immediate predecessor
have consistently refused to discuss a sale of its Sweetwater
District properties to either the District or the City; and
WHEREAS, this historic position has discouraged a
previous offer but it is now deemed to be in the public in-
terest to attempt to compromise and settle the pending liti-
gation; and
WHEREAS, it is the desire of each of said parties
to make an offer to purchase said properties;
NOW, THEREFORE, IT IS HEREBY RESOLVED. by the City
Council of the City of National City as follows:
Section 1. Offer to Stipulate
The City of National City shall offer to stipulate
to an interlocutory judgment of condemnation in the aforesaid
condemnation proceeding which will provide for payment
to the defendants in said action ofthe sum of Twelve
Million Dollars `($12,0.0.0,000.00) in cash as full, just
compensation. Said sum shall be subject to modification
for additions, retirements, and book depreciation occur-
ring after the valuation date of August 15, 1969 and the
delivery of possession of the properies, and, also, for
other items deferred by the parties pursuant to stipulation
dated the llth day of April, 1969 for consideration in the
supplemental proceeding. If the defendants desire to agree
for transfer of the properties outside the condemnation pro-
ceeding, appropriate provisions for this alternative can be
made.
PASSED AND ADOPTED this 6th day of July, 1971
ATTEST: