Resolution No. 1138RESOLUTION NO. 1138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AND DIRECTING CERTAIN ACTIONS REGARDING
ORANGE COUNTY SUPERIOR COURT CASE NO. 180092, CYPRESS
COUNTY WATER DISTRICT v. CITY OF CYPRESS
WHEREAS, the City of Cypress initiated proceedings for the dissolution of
she Cypress County Water District in April of 1969; and
WHEREAS, such dissolution was approved by the Local Agency Formation
Commission of Orange County on June 25, 1969; and
WHEREAS, the Cypress County Water District thereafter sued the County of
Orange and the Local Agency Formation Commission of Orange County to prevent
the completion of such dissolution; and
WHEREAS, the Cypress County Water District proposed to detach the territory
of the City from the District subject to certain proposed terms and conditions,
in lieu of such dissolution; and
WHEREAS, such proposed terms and conditions included the following:
"Thar_ all sewer facilities, easements and other real property
of the Cypress County Water District within the territory to
be detached shall vest in the City of Cypress; (however) , . .
1°The District shall remain in possession of said land and
office (District office facilities) until January 1, 1971,
or until such earlier date as the City shall make other
alternate adequate facilities available for use by the
District "; and
WHEREAS, certain funds of the District were to be credited to the City
as follows;
10 "$10,029.91 (67.35% of the current unappropriated reserve
of $16,377 "; and
2. "All taxes collected by the District from land located
within the City of Cypress during the fiscal year 1970 -1971
(after detachment on July 1, 1970 - $22,702,26) "; and
30 $750 (50% of appraisal costs of office facilities); and
WHEREAS, such terms and conditions were included in the District Resolu-
tions No. 125, initiating such detachment proceedings and No. 127, ordering
the completion of such proceedings, and also were imposed by the Local Agency
Formation Commission of Orange County in its Resolution No, 70 -1 approving
such detachment; and
WHEREAS, the Local Agency Formation Commission then terminated the disso-
lution proceedings, contingent, however, upon the completion of the detachment
proceeding subject to such Conditions; and
WHEREAS, such detachment was represented by the District to have been
completed on July 1, 1970; and
WHEREAS, the City has been maintaining
of the District within its boundaries since
WHEREAS, the District has not provided
transfer of title of any District assets to
and improving all sewer facilities
July 1, 1970; and
the City with any documents for
the City; and
WHEREAS, the District, on December 30, 1970, filed an action (Cypress
County Water District v. City of Cypress, Orange County Superior Court Case
No. 180092) seeking to prevent the City from taking possession of the District
office facilities within the City, alleging that "Plaintiff (District) has and
hereby does expressly refuse to voluntarily transfer possession of said property
(District office facilities) to said Defendant, City`.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress
hereby resolves that the City Attorney and staff are authorized and directed,
not only to defend the City in such lawsuit, but also to file any counter- claims,
cross - complaints and independent collateral actions deemed necessary for the
purpose of defending and protecting the interests of this City in regards to
said detachment and dissolution including, but not limited to:
1. Enforcing all conditions imposed by the District itself and
by the Local Agency Formation Commission of Orange County
on such detachment,; and
2. Resuming such dissolution proceedings if such detachment
proceedings are declared invalid or valid without such
conditions; and
3. Insuring that the District does not sell, lease, encumber,
or otherwise dispose of assets of the 'District required
to be transferred to the City as a condition of such detachment;
and
4. Securing all damages incurred by the City as a result of the
failure of the District to comply with such conditions.
PASSED AND ADOPTED by the City Council of the City of Cypress at a special
meeting held on the 2nd day of January, 1971.
MAYOR OF -THE CITY OF CYPRESS
ATTEST:
-114Z-
CITY
LERK F T E OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress DO HEREBY CERTIFY that
the foregoing Resolution was adopted at a special meeting of the said City Council
held on the 2nd day of January, 1971, by the following vote:
AYES: 4 COUNCILMEN: Harvey, Kanode, Roberts and Kanel
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
2
OF T CITY OF CYPRESS
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