78-078RESOLUTION N0. 78R- 78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AN AGREEMENT WITH COUNTY
SANITATION DISTRICT N0. 3 OF ORANGE COUNTY,
CALIFORNIA, IN CONNECTION WITH THE KNOTT INTER-
CEPTOR SEWER.
WHEREAS, pursuant to the Orange County Sanitation Dist-
rict No. 3 ("District") construction of the Knott Interceptor Sewer
from Katella Avenue to Lincoln Avenue in the City of Anaheim
("City"), it was necessary to remove and replace approximately one
mile of eight inch (8") sewer line owned by the City; and
WHEREAS, after District's contractor had removed the
above-described City sewer line and had installed District's sewer
line, said contractor reconstructed and replaced portions of that
City sewer line; and
WHEP.EAS, City, upon completion of the replacement of the
City sewer line, inspected the construction and has asserted that
it fails to meet the engineering standards as determined by City;
and
WHEREAS, District has asserted and maintains that said
sewer line was installed and is existing in accordance with engi-
neering standards and specifications acceptable in the profession
and industry; and
WHEREAS, the District and City wish to resolve the dis-
pute concerning who was at fault and what the measure of damages
should be by providing that the District will asswne the obligation
to maintain that portion of the City sewer line wherein the alleged
defects occurred for and in consideration of the City's release and
discharge of District from any claim or cause of action arising out
of the alleged defects; and
WHEREAS, an agreement has been prepared, the terms and
conditions of which are acceptable to the City Council of the City
of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the terms and condi-
tions of said agreement are hereby approved and accepted.
BE IT FURTHER RESOLVED that the Mayor and City Clerk be,
and they are hereby, author.zed to execute said agreement on behalf
of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 31st day of Ja~}uary ,
ANAHEIM
ATTEST: ,,
~ ~ f ~ r` f _.,...-
T OF ANAHEIM
R(1F • ~Fm
....~,.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) •
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby; certify that
the foregoing Resolution No. 78R-78 was introduced and adopted_at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 31st day of January, 1978•, by: the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 78R-78 on the 31st day of January, 1978.
IN WITNESS WHEREOF, I have .hereunto set my hand and ~.ffixed the-.seal of the
City of Anaheim this 31st day of January, 1978.
~~ ,
~-. _ ~ ~•
CITY CL RK OF THE CI OF ANAHEIM
(SEAL)
I, LIN?)A D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 78R-78 duly passed and adopted
by the Anaheim City Council on January 31, 1978.
CITY CLERK
.zo~oaalQ s~.zoM o?iQn,~