HomeMy WebLinkAbout1963-02-13 - Resolution No. 077. # 0 0
RESOLUTION NO. OF BOARD OF DIRECTORS
OF Yorba Linda County Water Dist. DISTRICT,
APPROVING USE OF DISTRICT'S NAME, AND FINANCIAL
SUPPORT FOR FURTHER APPEALS IN THE CASE OF PEOPLE
ex rel CITY OF D0,,,7 EY vs.. DOW,\rEY COUNTY WATER
SUPPO'RT TO
LEGISLATIVE PROGRAM TO PRESERVE DISTRICT'S
AUTHORITY
WHEREAS, at the present time attempts are being made
by municipal-corporations and other public entities to encroach
upon the statutory authority of public water agencies; and
WHEREAS, certain municipal corporations have announced
an intention to declare the merger and dissolution of said
districts within their boundaries and have claimed the right
to control the operations of said districts within city limits;
and
WHEREAS, recent court decisions have raised considerable
question as to the future existence of said districts; and
WHEREAS) the District Court of Appeal of the State of
California in the case o People ex rel City of Downey vs.
Downey County Water District has recently held that the Downey
County Water District merged with the City of Downey and
became dissolved upon the inclusion of the district within
the city; and
WHEREAS, the Board of Directors of Downey County
Water District has decided to a--)oeal from this decision and
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has requested the support from other districts; and
WHEREAS, certain public water districts have
undertaken a legislative program designed to protect such
districts from encroachment by municipal corporations; and
WHEREAS, such recent decisions have made it
imperative that the legislature clarify and settle these
n,- through appropriate legislation; and
EIREEAS, the Board of Directors of
Yorba Linda County Water Dist. District deems it to be to the
best interests of this district and in accord with the
purposes and powers of this district to assist Downey County
Water District in said pending litigation and to participate
in said legislative program; and
WHEREAS, the Board of Directors of
Yorba Linda County Water Dist. District believes that the recent
decision in said litigation could adversely affect the rights
and property of the persons of this district and that all
available steps should be taken to protect said rights and
property.,
NOW, THERE FORE, BE IT RESOLVED:
Alternative No.
That this district assist in sponsoring legislation
to preserve and protect t;_I~a existence of water districts
and to prevent further encroachment by municipal corpo-
rations and to conduct a campaign to advise the water dis-
trict customers of the problems and to solicit their sup-
port nor such legislative program.
Alternative No. 2
,.r
That this district pay the sum 'of $
toward the preparation and presentation of legislation
designed to protect the existence,of this district.
Alternative No. 3
That the President of the Board of Directors of
this district be, and he hereby is, authorized and directed
to advise Burris & Lagerlof, Special Counsel for Downey
County District, that the name of this district and
its attorneys may be used in the preparation of any peti-
tions and briefs in connection with, and in support of,
the appeal from the decision of the District.Court of Appeal
in the case of People ex rel City of Downey vs. Downey County
Water District.
Alternative No. 4
That this district pay the sum of $ /lloeAl~_
toward the costs and expenses incurred in the prosecution
of fur-z:her appeals from the decision in said action.
APPROVED, SIGNED Al ADOPTED this 3 day of
Pr/dc t of the Boa of Directors
Of: Yorba Lhida County Water List. District
(SEAL)
ATTEST:
Secr - ze B "rd of Directors
of District
Yorba Li:--_ Dist
CERTIFIED A TRUE COPY
(Secreary5
Yorba Linda County Water Dist