64-476 ;~]a r~,a ge r
Dir. Pub. Uti litie
Finance ~
i:~SOLUTION NO. 64R- 476
A P. ESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING ,'-LIND AUTHOXIZING THE
EXECUTION OF AN AG[~EMENT BETWEEN ANAHEIM
UNION WATE~i COMPA_NY AND THE CITY FOR THE
SUPPLYING OF WATE[i BY THE CiTY IN A CERTAIN
A~'~A MOf'0E PARTICULA£~'~LY DESCRIBED IN SAID
AGP~EEMENT.
WHEI~AS, Anaheim Union Water Company is the owner of
a water distribution system including rights, rights of way,
easements, pipes, connections, valves, flumes, ditches, weirs
and. othe-,' water fac~i~lities; and
WHEI~AS, said Water Company has an obligation to
provide water to its stocl~o!ders, and, in the area herein-
after mentioned., the cost of supplying its water and the rate
charged therefor to its stocl~olders is considerably higher
than the rate chargec =
zor similar water by the City of Anaheim;
and
W'HEP~AS, the City is able and willing to supply
water in said. area to the stocl~olders of said Water Company,
at its standard rates for such water in the City of Anaheim;
and.
WHEI~AS, the City has heretofore had considerable
expense in connection with its public streets and highways by
reason of having to relocate water facilities of said Water
Company; and
WHEreAS, by acquiring the rights, rights of way,
and. easements and the water facilities of Anaheim Union Water
Company in said area, the City will hereafter be able to
avoid, considerable expense in connection with the installation,
improvement, and repair cf the public streets and highways in
the City of Anaheim; and
~'~H~EAo,~ ¢' by transfe ~ ,= its rieht , ,
rr~.n~ ~ s rights of way
and easements, and its water facilities, :tn said area, to the
City, upon its agreement to provide water in said area to the
stoc!.~olders of said Water Company, it will be able to provide
for its stockholders to receive equivalent water at a lesser
rate than can be provided, by said Water Company, and it will
be able to avoid, the expense of providing water and maintain-
ing its facilities in said. area; and
WHE?OEAS, the City and said Water Company desire to
substitute water of the City for water of Anaheim Union Water
Company in said area without any cost to the stockholders or
users of said Water Company for the expense of any water
meter or in connection with the supplyin.~ or installation of
all water facilities as shall be necessary to change such
supply of water, and desire to enter into a contract for the
supplying of said water by the City; and
WHEP~AS, the Anaheim Union Water Company has this
day tendered to the City a fozm~ of agreement to be made and
entered into between said. Water Company and the City for the
supplying of water in said area hereinafter mentioned by the
City, upon the terms and conditions set forth therein, a copy
-!-
of which a%reement is attached, hereto and made a part hereof;
and
~,~Ei~A~, the City uounc~.~i finds that it would be to
· the advantage and for the best interest of the City to enter
into said agreement and that the same should be approved.
NOW, THEi~FOI~, BE iT ~gSOLVED by the City Council
of the City of Anaheim that the a~reement this day tendered
to the City to be made and entere~ into by and between Anaheim
Union Water Company and the City of Anaheim, providing for the
furnishing of water by the City to the area referred to in
said agreement and more particularly described in the quitclaim
deed also mentioned in said agreement, upon the terms and
conditions therein set forth, be and the same is hereby ap-
proved. That a copy of said agreement is attached hereto
and ma~e a pa~t hereof.
BE IT FURTHER i~£SOLVED that the Mayor and City Clerk
be and they are hereby authorized to execute said agreement
for and on behalf of the City of Dmaheim.
me this
THE FO]tEGOING RESOLUTION is approved and signed, by
?th day of July , 1964.
MAYOR OF THE CITY '?OF AI~AHEIM
ATTEST:
~i~CLE'R~ OF TH~ CiTY OF ~AHEIM
-2-
AGREEMENT
THIS AGREER[ENT, made and entered info by and between
ANAHEIM UNION WATER COMPANY as first party and the CITY OF
ANAHEIM as second party;
WITNESSETH
THAT WHEREAS, ['irst party is the o'~er of a water distri-
bution system including rights, rights of way, easements, pipes,
con~ections, valves, fiumes~ ditches~ weirs and other water
facilities; and
~HEREAS, ':'irst party has an obligation to provide water
t~, its stockho.~ders; and
WHEREAS, in ,the area hereinafter mentioned the cost of sup-
pl) ing its water and the rate charged therefor to its stock-
h~Jlders is considerably higher than the rate charged for
~lmi]ar water by second party; and
WHEREAS, second party is able and willing to supply water in
said area to the stockholders of first party, at its standard
ra*e:~ for such water in the City of Anaheim~ and
WHEREAS~ second party has heretofore had considerable
expense in connection with its public streets and high~ays by
reason of having to relocate water facilities of first party; a~d
WHEREAS, by acquiring the rights, rights of way, and ease-
ments and the water facilities of first party in said area
second party will hereafter be able to avoid considerable expense
in connection with the installation, improvement, and repair of
the publ'ic streets and highways in the City of Anaheim; and
WHEREA~, by transferring as rights~ rights of way, and
easements~ and its water facilities, in said area, to second party,
upon its agreement to provide water in said area to the stock-
holders of first party~ it will be able to provide for its
stockholders to receive equivalent water at a lesser rate than
can be provided by first party, and it will be able to avoid
the expense of providin~ water and maintaining its facilities
in said area; and
WHEREAS, said parties desire to substitute water of second
party for water of first party in said ~rea without any cost to
th~ stockholders or users of first party for the expense of any
water meter or ~.~ co~nection with the supplying or installation
o~~ ali water facilities as shall be necessary to change such
s~ppiy of water.
NOW, THEREFORE, ~n consideration of the premises and the
re~pective covenants and promises herein&fter contained and
made said parties do hereby undertake, covenant, promise and
agree as follows:
l~ That first party will forthwith upon the ex~ution of
~h~ Agreement, make, execute and deliver to second party a good
a~c s~I~f~ient conveyance of all of its rights, rights of way
a~d easements and ali other property, rea] and personal, of
~irs~ ~ar~y i~ said area including all pipes, connections,
valves, fl'ames, ditches, weirs and other water facilities in
said area.
2. That the area referred to in this Agreement i~ situated
in the County of 0range, State of California and described in
the quitclaim deed ~rom f~rst party to second party executed
by first party concurrent with its execution of this Agreement
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and the m~p, copies of which are hereto attached and marked
"Exhibits A and B", respectively, and are made a part hereof
by reference with the same force and effect as if set forth in
full herein.
3. That first party will c~ntinue to supply water
through said water facilities to its present users thereof until
two months after approval hereof by second party or September l,
196~, whichever is sooner, except those taken over and served
water by second party.
4. That on or before two months after approval hereof ~y
second party or September l, 1964, whichever is sooner, second
party will take over and provide water to all of the pre~ent
users of the water of first party and to any stockholders of
first party requesting water, whether presently using water or
not.
5. Second party agrees to supply and inmtall without cost
to first party or its present water users or stockholders
requestir~ water, all pipes, connections, valves, flm~$$,
ditches, weirs, and other water facili'ties, includin~ a water
meter, as shall be necessary to bring and supply the water of
second party to each of the present users of the water of first
party or to its stockholders requesting water, at the place such
water is now delivered.
6. That it is contemplated by both parties that this
agreement and the terms thereof are of mutual benefit to the
parties hereto and are in the best interests of the citizens of
the City of Anaheim and of the stockholders and present users of
the Anaheim Union Water Company~ Should suit be brought to
attack 'this agreement by any citizen of the party of the second
part or by any stockholder or present user of the party of the
first part, then it is agreed by both parties hereto that they and
each of them shall appear and vlgorou[;ly defend the legality and
propriety of the party ~ttacked to enter into this agreement.
All costs of such litigation, if any, shall be borne by the
party incurring such costs.
7. That the right of first party to dsc any of ~aid
rights~ rights of way, easements~ or water facilities shall ex-
tend to and including and s~mll expire at midnight on ~epte~ber
1964,~ 'muless second party has theretofore commenced to provide
water to the users thereof supplied by said facilities.
8~ That the right of first party to use any of said
facilities shall expire as to each portion of ~aid
said water system as and when the use of such f~eilltiee
discontinued by first party for the purpose of supplyLug
~l, er to its preeent users thereof.
IN WITBWF.~S WHEREOF, said parties h~ve caused this instru-
ment 'to b, dated ~d have executed
the 3ame in d~pllcate~ each signed copy of which shall be
,~em d for att ~arposes to be an original and to be effective
aa of said. date when duly ~xecuted by both parties hereto,
ANAHEI~ DNION WATER
"First Party
¢:~[~f OF AN~ IM
By
Attest:
Oity Clerk
~' Second ~ar%y
$TA/~ OF CALIFORNIA )
COUN/Y OF ORANC~ ) ss
CI/Y OF ANAHEIM )
I~ DENE M. WILLIAMS~ City Clerk of the City of Anaheim~
do hereby certify that the foregoing Resolution No. 64R-476 was
introduced and adopted at a regular meeting provided by law~ of
the City Council of the City of Anaheim~ held on the 7th day of
July~ 1964~ by the following vote of the members thereof:
AYES~ COUNCILMEN: Pebley~ Dutton, Schutte, Krein and Chandler
NOES~ COUNCIIN~N: None
ABSEN/: COUNCIIN~N: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 64R-476 on the 7th day of
July, 1964.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 7th day of Julyj 1964.
· . -~'~. <.i~.~.~-~ ..... ·
CIty CLERK OF THE CITY OF ANAHEIM