People Ex Rel. City of Downey v. Downey County Water District

WOOD, P. J.

This case was on appeal in this court in April 1962

(People

ex rel.

City of Downey

v.

Downey County Water Dist.,

202 Cal.App.2d 786 [21 Cal.Rptr. 370]). It is a quo warranto proceeding with respect to the existence of the Downey County Water District. The question on the former appeal was whether the district, by operation of law as a result of annexation proceedings, was merged with the city and was dissolved. By the annexation proceedings the entire area of the district was included within the boundaries of the city. Upon the first trial, the trial court concluded that the district is in existence. Upon the former appeal (by the People), this court reversed the judgment and directed “the trial court to enter a judgment declaring the dissolution of the Downey County Water District as of December 6, 1957.’’

After receiving the remittitur on the former appeal, the trial court rendered a judgment which provided in substance that:

[541]

1. The Downey County Water District did become dissolved and merged with the City of Downey on December 6, 1957.

2. Since said date the district has ceased to exist.

3. The water district is enjoined from exercising any power and authority over any of the territory described in paragraph Y of the complaint and in paragraph IY of the answer.

4. As of December 6, 1957, all the property and assets of the water district and the right to possession and control thereof vested in the city, and the same shall be released to the city.

5. All the property and assets owned or controlled by the water district on and since December 6, 1957, have been and now are the property and assets of the city.

6. By such dissolution and merger the contractual obligations and liabilities, including the obligation of any bonded indebtedness, that were the obligations and liabilities of the water district as of December 6, 1957, became and are the obligations and liabilities of the city.