HomeMy WebLinkAboutCC RESO 9665RESOLUTION NO.9665
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AUTHORIZING .THE PREPARATION
OF A JOINT POWERS AGREEMENT BETWEEN SOUTH
BAY IRRIGATION DISTRICT AND THE CITY OF
NATIONAL CITY. FOR THE PURPOSES OF ACQUIRING
AND OPERATING THE WATER SUPPLY FACILITIES
OF THE SWEETWATER DISTRICT OF THE SAN DIEGO
BAY DIVISION OF CALIFORNIA-AMERICAN WATER
COMPANY.
WHEREAS, pursuant to Resolution No. 215 of the
Board of Directors of South Bay Irrigation District adopted
May 7, 1968, South Bay Irrigation District commenced an
eminent domain proceeding (South Bay Irrigation District vs.
California -American Water Company, et al., San Diego Superior
Court No. 306441) toacquire all of the facilities of the
Sweetwater District of the San Diego Bay Division of the
California -American Water Company, including the water
utilities facilities serving the City of National City; and
WHEREAS, the City of National City desires to join
with. South Bay Irrigation District in the acquisition and
operation of the facilities of the Sweetwater District and to
enter into. a Joint Powers Agreement for such purposes.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED
BY THE CITY COUNCIL OF NATIONAL CITY AS FOLLOWS:
Section 1. The City Attorney of the City of National
City is hereby authorized and directed to meet with the legal
counsel for South Bay Irrigation District and to prepare jointly
with the legal counsel for South Bay Irrigation District for
presentation to th.e City Council of the City of National City
and th.e Board of Directors of South Bay Irrigation District,
a Joint Powers Agreement in substantially the same form as the
proposed "Joint Powers Agreement of 1967" except that the new
Joint Powers Agreement shall provide:
(A) That the City of National City shall join
with South Bay Irrigation District in eminent domain
proceeding No. 306441;
(B) That South Bay Irrigation District .shall
not drill additional wells in the City of National
City for the purpose of increasing production from
the underground beyond present levels of production
without the consent of the City of National City;
(C) That revenue bond elections shall be called
to be held in the City of National City and South
Bay Irrigation District after eminent domain proceed-
ing No. 306441 is concluded, each such election to
provide for authorization to issue revenue bonds to
pay for: (1) each entity's share of the cost of
acquiring the facilities of the Sweetwater District
if bothrevenue bond issues are approved by the
voters; and, (2). th.e full cost of acquiring the
facilities of the Sweetwater District if one bond
issue fails and the other bond issue is approved;
(D) That if one entity's revenue bonds are not
approved by the voters, it .shall have a period of
four (4) months toconduct another election to seek
approval.
Section 2. The City Attorney of the City of National
City is authorized and directed to employ th.e law firm of
O'Melveny & Myers (bond counsel) and Leeds, Hill and Jewett, Inc.
.(consulting engineers) to assist in the preparation of the new
Joint Powers Agreement, the cost of such services to be borne
73 per cent by the South Bay Irrigation District .and 27 per
cent by the City of National City.
PASSED AND ADOPTED this 17th day of September, 1968.
ATTEST: