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1967-037 RESOLUTION NO. 67R.. 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT AMENDING THAT CERTAIN AGREEMENT ENTERED INTO ON OCTOBER 16, 1962 BETWEEN THE CITY OF ANAHEIM AND THE SANTA ANA STREET WATER COMPANY; AND RESCINDING RESOLUTION NO. 66R-359. WHEREAS, the City of Anaheim and the Santa Ana Street Water Company have heretofore entered into an agreement on the 16th day of October, 1962; and WHEREAS, the City agreed to furnish irrigation water at the current irrigation water rate, as the same may vary from time to time in the aforementioned agreement; and WHEREAS, at the time the aforementioned agreement was executed by and between the parties, the City did not impose an annual service charge or a minimum commodity charge as a part of its irrigation water rate; and WHEREAS, City now imposes such charges to defray the cost of providing water distribution lines which are adequate to serve the needs of the City's water customers; and WHEREAS, the City obtained wells which were sufficient to meet the demand of the water meters installed by the City pursuant to the aforementioned agreement; and WHEREAS, the parties desire to enter into an amended agreement clarifying the intent of the original agreement here- inbefore mentioned. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that an amended agreement be entered into between the City of Anaheim and the Santa Ana Street Water Company providing as follows: That Paragraph 4 of the original agreement dated October 16, 1962 be amended to read: "The City shall furnish irrigation water through said meters at the current irrigation water rate as the same may vary from time to time; pro- vided, however, that such water shall be used for irrigation purposes only, and provided further, that when the demand for irrigation water no longer exists or when no irrigation water is furnished through said meters, the City may discontinue such irrigation water service and remove said meters. The phrase 'current irrigation water rate' does not include the annual service charge which is paid by water users. The amount of any annual service charge which has heretofore been paid by Water Company shall be credited to future water bills of Water Company until said bills equal the amount paid by Water Company. -1- lilt is hereby understood and agreed by and between the parties hereto that the minimum monthly commodity charge shall not be applicable to Water Company." BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to execute such amended agreement for and on behalf of the City of Anaheim. BE IT FURTHER RESOLVED that Resolution No. 66R-359 be, and the same is hereby rescinded. THE FOREGOING RESOLUTION is approved and signed by me this 17th day of January, 1967. e?~ ~d~ . :~~ MAYOR OF THE CITY OF' EIM ATTEST: f)~fl 2Zd~~ CITY CLERK 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 passed and adopted at a regular meeting of the city Council held on the 17th day of January, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler, and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 17th day of January, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of January, 1967. ~ )r. '2J~~ CI CLERK OF THE 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. 67R-37 duly passed and adopted by the Anaheim City Council on January 17, 1967. 1L- '),r. ~_.~<.J City Clerk