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66-061 RESOLUTION NO. 66R-6l A RESOLUTION OF THE CITY COUNCn. OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXE- CUTION OF AN AGREEMENT FOR THE PURCHASE OF WATER SYSTEM PROPERTY AND FACILITIES Ol~ED BY SOUTHERN CALIFORNIA WATER COMPANY. WHEREAS, the City of Anaheim owns and operates a water system for the purpose of supplying domestic, industrial and irrigation water to all residents of the City; and WHEREAS, Southern California Water Company owns water system facilities within the boundary of the City which can readily be interconnected with the system owned and operated by City in a manner which will provide excellent water service to the customers in that area now served by said Water Company; and WHEREAS, the City and said Water Company have agreed upon the terms and conditions under which the City may acquire the water system property of said Water Company hereinafter described; and WHEREAS, a form of agreement has this day been submit- ted to the City Council to be ~de and entered into between the parties, providing for the acquisition of said water system by the City u~on the terms and conditions agreed upon and herein- after set forth. - NOW THEREFORE BE IT RESOLVED by the City Counci1 of the City o! Anaheim that the agreement this day submitted to the City Council to be made and entered into between the City of Anaheim and Southern California Water Company, providing for the purchase of said water system property and facilities by the City, upon the terms and conditions hereinafter set forth, be, and the same is hereby approved. That the terms and conditions of said agreement are as follows: 1. The City shall pay to Southern California Water Company the sum of $21,750.00 concurrent with delivery to the City of all deeds and other instruments of conveyance necessary to transfer to City title to the following personal property and fixtures, free and clear from all liens, c1atms, encumbran- ces and defects of title: (a) All water system properties of any description owned by said Water Company ana lying within the boundaries set forth in Exhibit A, incorporated in said agreement. (b) All books, meter account records, maps, deeds and other records of any nature related to the facilities which are the subject of said Agreement. 2. Each party to the Agreement shall pay all costs incurred bI it in the negotiation and preparation of and per- formance of its obligations under said Agreement. 3. All general and special taxes for the fiscal year 1965-66, including any special aistrict levies, and personal property taxes, shall be pro-rated to the date of transfer. -1- '-T .. ,- 4. The City shall have no liability or responsibility in connection with the collection of accounts owing to said Water Company for water service rendered prior to the date on which the facilities are transferred to City. Said Water Company shall pay to City all amounts received by it after the date of trans- fer for water service rendered after the date of transfer. City shall pay to said Water Company all amounts received by City for water service rendered prior to date of transfer. 5. The amount which the City shall pay to said Water Company shall be adjusted by an amount equal to the net difference between the cost to said Water Company of capital additions to and retirements from the water system being sold from and after September 1, 1965, to the date of which the facilities are trans- ferred to City. Such amount shall be increased if additions exceed retirements and reduced if retirements exceed additions. 6. The obligations of Southern California Water Company under said Agreement are subject to -the condition precedent tl~t said Water Company shall have received an order from the Public Utilities Commission of the State of California authorizing the performance by it of said Agreement. Said Agreement shall termi- nate, at the option of either party, if not performed by June 30, 1966. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved' and signed by me this 25th day of January, 1966. y '../, q~d (I{~~4~ OR THE CI 0 1M ATTEST: ~,~~ .-- -2- I ... ... -.. - -. 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 No. 66R-6l was introduced and -adopted at a regular meeting 'provided by'law, of the City Council of the City of Anaheim, held on .the 25th day of January, 1966, by the following vote of the members thereofl AYES I . COUNCILMEN I NOES a COUNCILMEN a ABSTAINED I COutCILMENa ABSENTa C01:JltCILMENa Dutton, Schutte, Chandler and Krein None Pebley . None' AND I FURTHER CERTIFY that. the Mayor of' the City of Anaheim approved and signed said Resolution No. 66R-6l on the 25th day of January, '1966. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal-of the City of Anaheim this 25th day . of Jant1~ry, 1966. .~ftA- ~ ~~ ~J CI CLERK OF niE' CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, -do hereby certify that the foregoing is the original of Resolution "No. 66R-6l duly passed and adopted by the Anaheim City Council on January 25, 1966. . , ,fJ...... )"., )J;-~ -' - '- J - . CITYCLEijK.., -