1955-2704RESOLUTION NO. 2704
A RESOLUTION OF THE CITY COUNCIL OF, THE CITY OF ANAHEIM
AUTHORIZING AND APPROVING THE FILING OF A PETITION BY
STEPHEN B. ROBINSON ON BEHALF OF THE CITY OF ANAHEIM AND
OTHER CITIES REQUESTING THE SUPREME COURT TO RETAIN
JURISDICTION IN THE CASE OF THE CITY OF OXNARD VS. ETHEL
DALE, CITY CLERK, AND WM. H. GROFF, CITY TREASURER OF THE
CITY OF OXNARD; AND AUTHORIZING AND APPROVING THE ACTION
OF THE CITY ATTORNEY TO JOIN IN THE FILING OF SUCH
PETITION.
WHEREAS, because of the decision rendered by the Supreme Court in
the case of Garrett vs. Swanton, 216 Cal. -220, many cities have found it
difficult or in some cases impracticable to issue revenue bonds to finance
additions to and improvements of water, sewer, or other facilities when such
revenue bonds are to be repaid from the revenues of the entire utility as
extended, added to, or improved; and
WHEREAS, it would be of great advantage to the City of Anaheim and
all cities desiring to issue revenue bonds for such purposes, if a decision
in the case of the City of Oxnard vs. Ethel Dale as City Clerk of the City of
Oxnard, California and Wm. H. Groff, City Treasurer of the City of Oxnard
should result in the Supreme Court overruling its previous holding in Garrett
vs. Swanton and adopting a more generally prevailing rule permitting the pay-
ment of revenue bonds out of the revenues of existing utility works as well
as out of revenues of proposed extensions; and
WHEREAS, certain cities have joined together for the purpose of
filing a petition requesting the Supreme Court to retain jurisdiction in the
case of Oxnard vs. Dale and Groff and requesting permission to filie a brief
in said matter on behalf of said cities; and
WHEREAS, the City Attorney has previously been authorized to enter
such appearance and join with Stephen B. Robinson and the city attorneys of
other cities in filing such request.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the filing of a request that the Supreme Court retain jurisdiction
in the case of the City of Oxnard vs. Ethel Dale, City Clerk of the City of
Oxnard, California, and Wm. H. Groff as City Treasurer of the City of Oxnard,
and requesting authority to file a brief on behalf of the City of Anaheim and
other cities in said matter, be, and the same is hereby approved, confirmed,
and ratified in all respects.
THE FOREGOING RESOLUTION is signed and approved by me this 5th
day of April 1955.
ATTEST:
1
/r 4,
CITY CLERK OF THE CITY OF ANAHEIM.
MAYOR OF THE CITY OF ANAHEIM.
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was adopted upon a
final reading at an adjourned regular meeting of
the City Council of the City of Anaheim,, held on the 5th day
of April 1955, by the following vote of the members
thereof:
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 5th day
of April 1955.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of. Anaheim this 5th day of
April 1955.
(SEAL)
AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser and
Van Wagoner.
NOES: COUNCILMEN: None.
CITY CLERK OF THE CITY OF ANAHEIM