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1962-0383RESOLUTION NO. 62R 383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF ANAHEIM AND SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, RELATING TO ACQUISITION OF EDISON COMPANY FACILITIES ANDLAUTHORIZING THE EXECUTION THEREOF. WHEREAS, the City of Anaheim has filed its action in Eminent Domain in the Superior Court of the State of California, in and for the County of Orange, being Case No. 103092, for the purpose of condemning for the use of the City, certain of the electric distribution facilities of Southern California Edison Company, located in and adjacent to that certain annexation to the City known as the Wagner Sunkist Annexation, which faci- lities are presently owned and used by Southern California Edison Company in connection with its existing electric light, heat and power transmission and distribution system which it is now operating and maintaining in the City of Anaheim; and WHEREAS, Southern California Edison Company does not consent to the acquisition of any of its said property by the City of Anaheim, but, subject to its right to oppose any such condemnation, is willing to agree that in the event the City pursues its said action in Eminent Domain to conclusion and obtains judgment therein condemning said property of Southern California Edison Company for the purposes aforesaid, any electric distribution facilities-installed or removed by Southern California Edison Company after the date of the inventory which is used as a basis for the award in any such action in Eminent Domain, will be paid for by the City or credit given to the City as the case may be; and WHEREAS, the said Southern California Edison Company has this day submitted to the City Council a proposed agreement providing for the determination and payment of any expense incurred by said Southern California Edison Company for electric distribution facilities installed or removed by said Southern California Edison Company after the date of said inventory and prior to the entry of judgment and said action of Eminent Domain and it appearing to the City Council; Oat at said agree- ment is fair and reasonable on its face and would be beneficial to the City of Anaheim and should be approved and its execution authorized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the proposed agreement this day sub- mitted to the City Council of the City of Anaheim providing that any reasonably necessary electric distribution facilities installed or removed by said Southern California Edison Company after the date of the inventory, which is used as a basis for the award, in any such action in Eminent Domain and prior to the entry of judgment therein shallbe paid for by the City of Anaheim or credit given to the City of Anaheim as the -1- Finance Dir case may be, be, and the same is hereby, approved and that the Mayor and the City Clerk be, and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. AND BE IT FURTHER RESOLVED, that the copy of said agreement this day submitted to the City Council be filed in the Office of the City Clerk and that said agreement is in- corporated herein by reference and made a part hereof the same as though set forth in full herein. THE FOREGOING RESOLUTION is approved and signed by me this 24th day of April, 1962. ATTEST: 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 24th day of April, 1962, by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: Chandler, Dutton, Krein, Schutte 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 24th day of April, 1962. IN WITNESS WHEREOF, I affixed the seal of the City of April, 1962. CIT ELEB OF THE CITY OF ANAHEIM -2- have hereunto set my hand and Anaheim this 24th day of