66-060
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RESOLUTION NO. 66R-60
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT FOR THE SALE
TO SOUTHERN CALIFORNIA WATER COMPANY OF
THAT PORTION OF THE DYKE WATER COMPANY WATER
SYSTEM FACILITIES NOW OWNED BY THE CITY LOCA-
TED IN THE CITY OF STANTON.
WHEREAS, the City of Anaheim has acquired, as a part
of its purchase of certain propertie s of Dyke Water Company,
the water system facilities now owned by the City in the City
of Stanton; and
WHEREAS, such water system facilities are not neces-
sary for supplying water to the inhabitants of the City of
Anaheim; and
WHEREAS, Southern California Water Company is capable
of an4 proposes to render water service to the customers now
served by means of such facilities on terms which are just and
reasonable and which do not unreasonably discriminate against
such customers; and
WHEREAS, the City is willing to sell and Southern
California Water Company desires to purchase such facilities;
and
WHEREAS, a form of agreement has this day been sub-
mitted to the City Council to be made and entered into between
the parties, providing for the sale and purchase of said faci-
lities upon the terms and conditions therein set forth, which
agreement the City Council finds would be in the best interests
of the City and should be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the agreement this day submitted to
the City Council to be made and entered into between the City
and Southern California Water Company, providing for the sale
and purchase of said water system facilities upon the following
terms and conditions:
1. Southern California Water Company shall pay to
the City the sum of $176 381.29 concurrent with delivery to
.said Water Company of all deeds and other instruments. of convey-
ance necessary to transfer to said Water Company title to the
following real and personal property and fixtures, free and
clear from all liens, claims, encumbrances and defects of title:
(a) That certain real property described in
Exhibit A incorporated in said agreement, together with all
water system property of any nature situated thereupon or therein;
(b) All other water system properties of any
description owned by the City and lying within the City limits
of the City of Stanton;
(c) All water and water rights which are owned
or claimed by the City that arise from or are associated with
the use, ownership and operation of facilities which are the
subject of said Agreement; provided, however, that the City
does not warrant or guarantee that it owns any water or water
rights;
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(d) All books , maps, deeds and other records of
any nature related to the facilities which are the subject of
said Agreement.
2. The City shall deliver to said Water Company a
standard form owner's policy of title insurance showing title
to the real property described in said Exhibit A to be insured
for $5,000 by Title Insurance and Trust Company, and showing
title vested in Southern California Water Company free and clear
from all liens, claims, encumbrances or defects.
3. All general and special taxes for the fiscal year
1965-1966 including any special district levies, and personal
property taxes, shall be pro-rated to the date of transfer.
4. Each party to said Agreement shall pay all costs
incurred by it in the negotiation and preparation of and per-
formance of its obligations under the Agreement.
5. Southern California Water Company shall have no
liability or responsibility in connection with the collection
of accounts owing to the City for water service rendered prior
to the date of transfer of the facilities. City shall pay to
said Water Company all amounts received by City after the date
of transfer for water service rendered after date of transfer.
Southern California Water Company shall pay to City all amounts
received by said Water Company for water service rendered prior
to the date of transfer.
6. The amount which said Water Company shall ~ay to
City shall be adjusted by an amount equal .to the net diffe~ence
between the cost to City of capital additions to a~d ~etirements
from the water system being sold from and after September 1,
1965, to the date on which the facilities are transferred to
said W~ter Company. Such amount shall be increased if additions
exceed retirements and reduced if retirements exceed additions.
" '"7. Said Agreement shall terminate, at the option of
either pa~ty, if not performed by June 30, 1966.
be, and the same is hereby approved; and that the Mayor and City
Clerk be, and they are hereby authorized to execute said Agree-
ment for and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by
25th day of January, ~ ~ /.
\~-i'~ W~~
me this
ATTEST:
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STATE QF.CA~IFORNIA )
. COUNTY OF ORANGE .) s s.
CITY OF ANAHEIM )
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. I, DENE.M. WILLIAMS, .City _Glerk of.. the City oj Anaheim,
do hereby '.certify that th~. ~oregoing R~.solution No. 66R-60 was
introduced and. adopted at a r~gular me~ting p~ovideq by, law, of.the.
City Council of the City pf Anahei~, held on t~~ 25th day of,
January, 1966, by the followin,g Y9i;e .of i;he members thereoh"
t _".
AYESI COtnCILMENI
NOESl. COUNCI~I
ABSTAINEDICOUNCILMENl
ABSENT I COUK;ILMENI
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Dutton, Schutte, Chandler and Krein
None
~eb;L~y
.None-
AND I FURTHER CERTIFY ,that the Mayor of the C~ty of
Anaheim apprQved and s~gned said Re~olution No. 66R~60 on the.
25th day ot.January, 1966.
IN WITNESS WHEREOF, I have hereuntp set my h~nd and
.affixed the of.ficial seal of the Ci ty .of. An~heim this 25th q'a.y
of January, 19.6&..
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CITY, CLERK OF THE CITY OF ANAHEIM
(SEAL) .
" "1
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
-do hereoy certify that the foregoing is the original ~f' Resolution
No. 66R-60'duly passed and 'adopted by the Anaheim City 'Council
on January 25, 1966.
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CITY CLERK
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