HomeMy WebLinkAboutReso 1990-15647 RESOLUTION NO. 15647
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY'S PARTICIPATION AS AMICUS CURIAE IN
THE CASE OF CITY OF JACKSON v. AMADOR COUNTY WATER AGENCY
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the case of City of Jackson v. Amador County Water Agency is on
appeal from the decision of the Superior Court grant of a Peremptory Writ of
Mandate which orders the sale of water to a city in violation of a rule of the
Water Agency prohibiting same for resale to unincorporated areas outside the
city limits, and
WHEREAS, the issue in this case is whether a Water Agency can be deemed
to be a municipal corporation for the purposes of Article XI, Section 9(a) of
the California Constitution which provides as follows:
"A municipal corporation may establish, purchase and operate public
works to furnish its inhabitants with light, water, power, heat,
transportation or means of communication. It may furnish those
services outside its boundaries except within another municipal
corporation which furnishes the same service and does not consent;"
and
WHEREAS, this is an issue of importance to cities throughout the State of
California, which if decided against the City would have an adverse effect on
the City's authority to create spheres of influence and thereby to control its
own growth patterns, and
WHEREAS, the League of California Cities Legal Advocacy Committee and the
League's Board of Directors have recommended that cities join as amicus curiae.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the City's participation in the amicus curiae
brief filed on behalf of the City of Jackson in the case of City of Jackson v.
Amador County Water Agency.
Presented bj<~nd Approve~s to form by
Resolution No. 15647
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 5th day of June, 1990 by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: McCandliss
ABSTAIN: Councilmembers: None
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15647 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 5th day of
June, 1990.
Executed this 5th day of June, 1 990.