HomeMy WebLinkAbout1958-10-21; City Council; Resolution 452RESOLUTION NO. 452
XESOLUTION OF TIE CITY COUI'TCIL
Upon siotion by Council-woman Coates 3
seconded by Couilcilman Grober , and duly
carried, the following resolution was adopted:
WHE13ZLlS, on Au-gust 1, 1958, the City of Carlsbad
purchased from Carlsbad l\'Iutual Water Company, a California
corporation, all of the property or" said corporation, including
all of said corporation l s in'cerest rin that certain suit pend-
ing in the Superior Court of the State of California, in md
- ?CY -ae ZI?L~?'G;~ of Sm Diego, numbered 184855 and entitled.
"Sari Luis Rey Water Conservation District et al.
v. Carlsbad Plutual ??a%er Company et al., Defendants"; and
I.
Plaintiffs,
* rTTqTm 7 YGlllitilijiiS, j?rior to said date, said Carlsbad Psiutual
Water Conpany had appeared in said action as a defendant;
and
IJHEE)LEAS, pursuant to Section 315 of the Code of Civil
Procedure, the City of Carlsbad, through its City Attorney,
has moved to be substituted as a defend-ant in said ac'cion
in place of said Carlsbad idutual Ziater Company, and said
motion has 'oeen p%"d by the CoLirt; and
II€EPJ.lS the City of Carlsbad, through its Ci'cy Attorney,
has moved Tor continuance of the date 02 'crial in said action
from Oc'cober 27J 1958 to January 26, 1959, and said motion
has been granted by the Court on certain conditions; aid
WIiEWXS i'c appears desirable and in the besc interests
of the City of Carlsbad that said conditions be sa'cisried so
'chat said continuance shall 'cake eci'ec'c, and that 'Ghe City of
Carlsbad prepare Tor 'che trial 02 said action;
EO7yJ T-?EZ3FO?J 33 IT FESOL'J33 by 'che City Council
of the City 02 Carlsbad, State ol" California, as follows:
1. The action of the City Attorney in moving, in
said Case No. l8Ac855, that the Ci'cy of Carlsbad be substi-
tuted. as a dezendant therein in place of Carlsbad Nutual
Water Company and for a continuance of tne date of trial
from October 27, 1958 to January 26, 1959 is hereby approved,
ratified, and adop'ced as the act or" the Ci'cy of Carlsbad.
2. Nr. T. Bruce Smith, City At'corney, and 'che firm of
Jennings, Xngstrand, and Henrikson, of La Mesa, California,
are hereby appointed legal counsel for the City of Carlsbad
in said Case No. 184855, with full and several authority to
represent this city therein.
3. Said counsel are hereby specifically au'chorized
and directed to stipulate in said Case No. 184855, pursuant
to Section 583 of the Code of Civil Procedure, that the time
for bringing the action to trial may be extended to and
including March 27, 1959.
The foregoing resolution was passed and adopJ;ed by
the following roll-call vote:
XES : Mayor Ledgerwood, Councilman Grober, and Councilwomen
NOES: None
Sonneman and Coates
ABSENT : Councilman Helton
ATTEST: of the City of Carlsbad, Carlsbad, California
(SEAL)
'I . -' L . 0
CZRT IFICBTE
1, J. H. PRICE , here1
that I am the duly elected, qualified, and aci
Clerk of the City of Carlsbad, a municipal COT
of the State of California; that as such City
custody or" the official records of said city,
the minutes of the City Council thereof; that
going is a true and correct copy of an excerpt
minutes 02 'che regular meetins of said City Cc
on October 21, 1958.
Dated: October 22 , IOF0 >>o.
(SEAL) J. l?. PRICE, C
y certify
ing City
poration
Clerk I have
inc iud ing
the fore-
of the
mcil, held
c -
i'cy Clerk