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63-0143RESOLUTION NO. 63R- 143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING CONSTRUCTION OF SERVICE CONNECTION A -6 ON EAST ORANGE COUNTY FEEDER NO. 2 AT JEFFERSON AVENUE AND DELIVERY OF WATER IN THE MANNER AND UPON THE TERMS AND CONDITIONS PRESCRIBED IN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RESO- LUTION 6225. WHEREAS, under date of July 11, 1961, The Metropolitan Water District of Southern California, Orange County Municipal Water District, Coastal Municipal Water District, the City of Anaheim, and the City of Santa Ana entered into an agreement for joint exercise of powers for construction, operation, and main- tenance of East Orange County Feeder No. 2, which agreement was amended as of July 25, 1962, and is herein referred to as "Joint Powers Agreement and WHEREAS, said Joint Powers Agreement provides, among other things, that The Metropolitan Water District of Southern California, hereinafter referred to as "Metropolitan," shall administer and execute said Joint Powers Agreement in its own name but as agent for and on behalf of all of the parties there- to, and hold title to all properties acquired or constructed in accordance with said agreement as trustee for the benefit of the parties, and further provides that any turnout and connection for delivery facility shall be installed at the sole cost and expense of the agency requesting such facility; and WHEREAS, the Utilities Director of the City of Anaheim, hereinafter designated as "Anaheim," by letter dated December 6, 1962, has requested that a service connection be constructed upon the East Orange County Feeder No. 2 of The Metropolitan Water District of Southern California, hereinafter designated as "Metropolitan," for delivery of water by Metropolitan to Anaheim for use within Anaheim; and WHEREAS, the Board of Directors of Metropolitan at its meeting held January 15, 1963,did adopt its Resolution 6225, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, the estimated cost of said East Orange County feeder connection has been established by Metropolitan to be $60,000.00; and WHEREAS, it is proper and in the best interests of the City that such service connection be constructed at the expense of Anaheim and without cost to Metropolitan, upon the terms and conditions and in the manner provided in said Metropolitan Reso- lution 6225. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it request and authorize and it does hereby request and authorize Metropolitan to construct service connection A -6 on East Orange County Feeder No. 2 at Jefferson Avenue in the manner and upon the terms and conditions prescribed in Metropolitan Resolution 6225, being Exhibit "A" attached here- to and by reference made a part hereof. 1 BE IT FURTHER RESOLVED that the City Council of the City of Anaheim request and it does hereby request delivery of water in the manner and upon the terms and conditions prescribed in said Metropolitan Resolution 6225 and does hereby authorize and direct the Utilities Director of Anaheim to implement such request in the manner and to the extent set forth in said Reso- lution 6225. AND BE IT FURTHER RESOLVED that the Director of Finance be, and he is hereby, authorized and directed to deliver to the Utilities Director for delivery by him to Metropolitan a draft in the amount of $60,000.00 made payable to The Metropolitan Water District of Southern California and designated as "Deposit in accordance with Metropolitan Resolution 6225." THE FOREGOING RESOLUTION is approved and signed by me this 19th day o f February 1963. ATTEST: S E AL CIT 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 19th day of February 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons 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 19th day of February 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1911 day of February 1963. �YOR OF THE CITY OF ANAHEIM CIT CLERK OF THE CITY OF ANAHEIM RESOLUTION 6225 WHEREAS, 1 1C.ier date o July 11, 1961, The Netropolltan Water District of Southern California, cDranc7e County Municlpal Water District, Coastal Nuniclpal Water District, the City c Anaheim, and the City of Santa Ana entered into an agreeent ,7cf joint exercise of powers for construction, operation, and maihto- nance of East Orange County feeder No. 2, which agreement was amended as of J',.dy 2=::, 1962, and is hereir referred to as h joint Powers Agreement and WHEREAS, said Joint Powers Ag:ceer,ent other things, that The fletropolitan Water Ldstriot of Southern California, hereinafter referred to as "Fetropolitan, administer and execute said Jc]nt fowers i7 in its own name but as agent for and on behalf of all of the parties thereto, and hold title to all propertics aceuired or constructed in ac- cordance with a:id areemont as trw:tee frz:P the benefit of.: the parties, and furtne2 pro',MH that tdrncut and ccu.necticn f,sr delivery facility oho1 ue instal:ed at the sole cost and expense of the agency reques.tin s facility; and WHEREAS, the Plblic Directo f the City of Anaheim, hereinafter dc 1 as Mnahem„'' Ly :Letter datee Decerrber 6, 1)62, has 1-oci'aeoted that a service connection be oen- structed upon ti East O)ranEe County feeder N. 6 of The lietro- politan Water District of Southern Calii'ornia, hereinaftef designated as "fJetrpolltan,'' far delivery c: water by Metroolita Anaheim i73_"' use within Are:: and WHER1S, the Public Ut12ities Director of Anaheif has set that tho City Council of AnaholE by resolution has confirmed or will c :rifiap said reoll_lest fon the Instillation of of such service connection; and WHEFES, it is proper that such :7ervie :rnnect Le constructed at the expense of Anaheim and ylthout 'cost to .:?.tro- poiftan, upon the term ,s and oanditicns and in the manner heroin- after in this resolution provided: NOW, THEREFORE, 3E IT RESOLVED, th3t the :1 in the manner hereinafter provided, ff the 7ervice •onn!ection descrlbed ih the rEJi'L...1s hereof be, an such construction herel7 is, authorized on ehalf of liet.ropolitan, alject to tne foLowh:?; terms and conditions, t-wit: 1. Said service connection shaU be located on the East Orane County feeder U. 2 of Eetropolitan at such point EXHIB r "A" Resolution 6225 2 at or near Station 2694-58 as may be mutually agreed 1)p on by the Public Utilities Director of Anaheim and the Gene fianael' and Chief Engineer of Met,Popolitan. 2. Said sevice connection shall be con7 in accordance with plans and spec.l.fications approved by tbe (.3:::T1.2 l' and Chief Engineer of 1, :etropolit;.1:a and by the i'uLT.ic Utilities Director of Anheim, such cost ;ructin to be by Metropciltah or by Anaheim subject to Netropolitants :,_cc The General ',Ianager c7 Chief Engineer of Eet;po1. itan 1 otei'mine and desicnate, and if re ce''5say 1 redete.....1Line ?nd redesgnate, the construction to be T by P.:let.:cpclitan and by Anci--ieirJ repectively. All eghlp,,nt ;ind material re- quired for conrotin -.aid ser‘vice coLnecticta =;hI:'_ te pi:c.1:,..e.i. by Metropolitan in 1 custerry md.nheJ-, er 1 nish therefor suitaLle eeuipent and ma er 11: oi: o that Metopolitan ::Jay utilize the;: or suit abie egerh.,en dnd mr.J.teriaJs purenose :r otherwise :urihed by Anahee in a ance with speciications dppreved by Metrepclitanls 1 ..1cne.'al: Managc and Chief Enclnee and subject to 1ethopo12 tan's tier, :.e said Gene.nal ':.idnageh and Chief 'Z'xineor oi' ilethcpcian snail eetermine and desiGnate, and ir necesa.y :inly redetc.toinc and redesignate, the egipment anJ mate: e plechased of otherwise furnished by fletropolitan and b P.ndneim, resree 3. All costs of procurinc erlront and L and censtructing said sefvide connection bhala be and shJU be paid 01": tLIhnsed to Let.roolita.n ty Ananei4:, as herein provided. Said costs Incurrcd by iietf si in- clude the costs of 71.11 euipliont and matefials [fled by itan tnerecr, the cests of eJ:1 eI iabor and txe, me all other direct ccsts, all salC c:ft-: tc determined in accereuce with the i;,ethcJds ef ec; acfcon'te.og cusutomaf'lly enpidyed by i:letrc I the coot L.: .._,:enc....c... adminit.t.ative se.-. and cverhdPe expense (r herein stated anj acreed to., Le an a4.:fl' equd: hp f]:'toen leci centa (.:r the aEEreLate cf sdld dL.o costs. L.11 .cos',.. incu„ 1 netre'nolitan sd t...... Le bcnne by Lnabeir ce:ctIfie in ac.corcionde with the 1 :',14zy 1 pcliten. '4. Said serv nnection inoi cr dive. ci' watel' i' Letrope: Eac:t feeder No. 2 and. cr deidvo.....' o: s7...,oul watoce inte 'J,ne dio".niLution system of Anaheib -...7.,...,-,ii connected to it. ..a_...d 2( ]......j...-:.... li..n valve a meter ecluippde wl.-_h _..,.-.:....r..•inri:;, che.... Yalve sl J t i el backClow f the disriltich sy c: Th, ',..7' tLn'3 works tipethc2. .YH.,...t :..q...T...i p..ip Iprtennce L:..... ..._.tL....J... an, I: c necedsahy c c.:,...c...chal..o.e b: h politan,s Gene c.lanas and ChidC Enln, eh adf",...teen:.. Resolution 6225 3 shutoff valve to enable the meter to be isolated for maintenance or repair; said meter and valves shall be housed in a ventilated, reinforced concrete vault, or vaults, and said meter instruments shall be enclosed in a suitable weatherproof metal cabinet mounted above ground. Said service connection up to and including the fitting connecting with the pipe line through which Anaheim will receive water delivered through said service connection, and in- cluding said meter instruments and cabinet therefor, shall be and become the property of Metropolitan and shall be operated, main- tained, and controlled by Metropolitan, as trustee for the benefit of all parties to the Joint Powers Agreement dated July 11, 1961. On said pipe line through which Anaheim will receive water so delivered there shall be a control valve or control valves in- stalled, owned, and controlled by Anaheim. 5. The costs of constructing said service connection shall be estimated by the General Manager and Chief Engineer of Metropolitan, who shall inform the Public Utilities Director of Anaheim regarding the amount of such estimate. A sum of money equal to the amount of such estimate shall be deposited with Metropolitan by Anaheim, and shall be held and used by Metropoli- tan as trust funds to defray the costs of constructing said service connection, and until such sum shall have been so deposited, Metropolitan shall not undertake the construction cf said service connection. 6. Upon completion of the construction of said service connection, Metropolitan shall render to Anaheim a statement of all costs incurred by Metropolitan in constructing said service connection; if such costs shall exceed the sum of mone: thereto- fore deposited by Anaheim with Metropolitan as providd herein- before in Article 5, Anaheim promptly shall pay to Vetropolitan the amount by which such coots shal exceed such deposit; and if such costs shall be less than the said sum of money so deposited, any unexpended balance of such deposit shall be returned by Metropolitan to Anaheim. 7. Anaheim shall grant, or cause to be granted, to Metropolitan, such permanent easement as mey be necessary for the construction, reconstruction, operation, maintenance, repair, and removal of said service connection in, over, through, and under a parcel of land, the location and dire nsims of which parcel of land shall be adequate for said purposes as determined by the General Manager and Chief Engineer of Metropolitan, and which easement shall be in form satisfactory to the General Counsel of Metropolitan. 8. The authorization to construct said service connec- tion in the manner and subject to the terms and conditions set forth in this resolution shall not become effective until: