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1954-2592RESOLUTION NO. 2592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING AUTHORIZATION FROM THE METROPOLITAN WATER DISTRICT TO MAKE A WATER SERVICE CONNECTION TO BE CONSTRUCTED UPON ME WEST ORANGE COUNTY FEEDER OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, FOR THE DELIVERY OF WATER BY THE METROPOLITAN WATER DISTRICT TO THE CITY OF ANAHEIM. WHEREAS, the Superintendent of the Light, Water and Power Department of the City of Anaheim has requested that a service connection be constructed upon the West Orange County feeder of The Metropolitan Water District of Southern Cali- fornia, hereinafter designated as "Metropolitan,' for delivery of water by Metropolitan to Anaheim for use within the City of Anaheim; and WHEREAS, the City Council finds that it is proper and necessary that such service connection be constructed at the expense of the City of Anaheim and without cost to The Metropolitan Water District, upon the terms and conditions and in the manner hereinafter in this resolution provided. NOW, THEREFORE, BE IT RESOLVED that the construction, in the manner hereinafter provided, of the water service con- nection described in the recitals hereof be, and such construc- tion thereof is, hereby authorized on behalf of the City of Anaheim, subject to the following terms and conditions, to wit: 1. Said service connection shall be located on the West Orange County feeder of Metropolitan at such point at or near West Street as may be mutually agreed upon by the Superin- tendent of the Light, Water and Power Department of the City of Anaheim and the General Manager and Chief Engineer of Metropolitan. 2. Said service connection shall be constructed by Metropolitan in accordance with plans and specifications ap- proved by the General Manager and Chief Engineer of Metropolitan and by the Superintendent of the Light, water and Power Depart- ment of the City of Anaheim. All equipment and materials required for constructing said service connection shall be purchased by Metropolitan in its customary manner, or Metro- politan may furnish therefor suitable equipment and materials on hand. 3. All costs of procuring equipment and materials for and constructing said service connection shall be borne by the City of Anaheim and all such costs incurred by Metro- politan shall be paid or reimbursed to Metropolitan by the City of Anaheim promptly upon rendition by Metropolitan to the City of Anaheim of a statement thereof. Said costs in- curred by Metropolitan shall include the costs of all equipment and materials so procured or furnished by Metropolitan therefor, the costs of all applicable labor and taxes, and all other direct costs, all said costs to be determined in accordance with the methods of cost accounting customarily employed by Metropolitan, plus the cost of general administrative service and overhead expense of Metropolitan herein stated and agreed to be an amount equal to fifteen per centum of the aggregate -1- of said direct costs. All costs incurred by Metropolitan so to be borne by the City of Anaheim shall be audited and certified in accordance with the customary practice of Metropolitan. 4. Said service connection shall include the facilities for diversion of water from Metropolitan's West Orange County feeder and for delivery of such water into the distribution system of the City of Anaheim; said facili- ties shall consist of a branch pipe connected to Metropolitan's West Orange County feeder pipe line, a shutoff valve, a meter equipped with indicating, recording, and totalizing instru- ments, and a check valve or other device for preventing back flow from the distribution system of the City of Anaheim into Metropolitan's works, together with appropriate piping, fit- tings, and other appurtenances, and, if deemed necessary or desirable by Metropolitan's General Manager and Chief Engineer, an additional shutoff valve to enable the meter to be isolated for maintenance or repair; said meter and valves shall be housed in ventilated, reinforced concrete vaults, and said meter instruments shall be provided with a suitable weather- proof metal cabinet. Said service connection up to and in- cluding the fitting connecting with the pipe line through which the City of Anaheim will receive water delivered through said service connection, and including said meter instruments and cabinet therefor, shall be and become the property of Metropolitan and shall be operated, maintained, and controlled by Metropolitan. On said pipe line through which the City of Anaheim will receive water so delivered there shall be a con- trol valve or control valves installed, owned, and controlled by the City of Anaheim. 5. The City of Anaheim shall grant, or cause to be granted, to Metropolitan, such permanent easement as ray 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 dimensions 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. 6. The authorization to construct said service con- nection in the manner and subject to the terms and conditions set forth in this resolution shall not become effective until: a. The City of Anaheim shall have requested Metropolitan to construct said service connection in the man- ner and upon the terms and conditions prescribed in this resolution, said request by the City of Anaheim to be in form satisfactory to the General Counsel of Metropolitan; and b. The City of Anaheim shall have agreed to pay, or reimburse to Metropolitan, all costs of providing, construct- ing, and installing said service connection in accordance with the provisions of this resolution, said agreement by the City of Anaheim to be in form satisfactory to the General Counsel of Metropolitan. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are, hereby authorized to execute on behalf of the City of Anaheim any agreement or agreements necessary or proper to be entered into by and between The -2- Metropolitan Water District and the City of Anaheim in order to carry out the terms and provisions of this resolution and provide for the construction of said water service connec- tion, in the manner and subject to the terms and conditions herein set forth. THE FOREGOING RESOLUTION is signed and approved by me this 7th day of December, 1954. ATTEST: TY 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 intorduced and adopted at an adjourned regular meeting provided by law, of the City Council of the City of Anaheim, held on the iLth day of December, 1 954, by the following vote: AYES: COUNC I Fry, Schutte and Wieser. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Pearson and Van Wagoper. AND I FURTHER CERTIFY that the Mayor -of the City of Anaheim approved and signed said Resolution on the 7th day of December, 1954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of December, 1954. (SEAL) MAYOR OF THE CITY OF ANAHEIM. Pro Tem CITY CLERK OF THE CITY OF ANAHEIM -3- AGREEMENT OF SALE AND PURCHASE THIS AGREEMENT, entered into by and between four (4) cities hereinafter named, each being a city duly organized and existing under the laws of the State of California, and of the class designated after its name; three (3) Sanitary Districts, each being organized and existing under the laws of the State of California; said cities and sanitary districts being hereinafter designated and called "SELLERS and a STANTON COUNTY WATER DISTRICT duly organized and existing under and by virtue of the laws of the State of California, mad hereinafter designated and called "BUYER all of said Cities and Districts being situate in the County of Orange, State of California, and named as feliowst CITY OF ANAHEIM (6th. Class) CITY OF FULLERTON (6th. Class) CITY OF ORANGE (6th. Class) CITY OF BUENA PARK (6th, Class) GARDEN GROVE SANITARY DISTRICT, SELLERS. LA HABRA SANITARY DISTRICT, PLACENTIA SANITARY DISTRICT and RECITALS: STANTON COUNTY WATER DISTRICT BUYER, Section A: Section B: WHEREAS, the Sellers and each of them, are owners of certain undivided fractional interests in certain portions or sections of the Magnolia Trunk Sewer generally described and commonly known as Section A, Section B, Section C, Section D, Section E and Section E', and the Force Main and Pumping Plant, all of which said property is located in County of Orange, State of California, and more particularly described as follows: The 78" sewer main on Bushard Street from the pumping plant at Ellis Avenue to and including the manhole at Talbert Avenue. The 48" sewer main on Bushard Street from the manhole at Talbert Avenue to and including the manhole at Slater Avenue. and Section C: Section D: Section E Section El: The 48" sewer main cn Bushard Street from the manhole at Slater Avenue to Smeltzer Avenue, thence on Smeltzer Avenue to Cannery Street, thence on Cannery Street to and including the manhole on Bolsa Avenue. The 48" sewer main on Cannery Street from Bolsa Avenue to Westminster Avenue,. The 42" sewer main on Cannery Street from Westminster Avenue to Garden Grove Boulevard, along Garden Grove Boulevard from Cannery Street to Magnolia Avenue; thence on Magnolia Avenue from Garden Grove Boulevard to 1310 feet north of Lampson Avenue. The 39" sewer main on Magnolia Avenue from 1310 feet north of Lampson Avenue to Katelia Avenue. Force Main and Pumping Plant: The pumping plant at Ellis and Bushard Streets and the 18" sewer force main on Ellis Avenue and Bushard Street to the existing grit chamber southerly of Ellis Avenue at the County Sanitation Districts of Orange County Treatment Plant No. 1. WHERAS, said Sellers at the present time are operating the said above defined and described property, and are carrying away therein sewage arising within their respective areas; and WHEREAS, Sellers are willing to sell to Buyer, capacity and capacity rights in the percentages hereinafter set forth in the said property hereinabove described, so as to enable Buyer to discharge into said property sewage collected within the boundaries of Buyer at the price, and at the time, and upon the terms herein stated, and Buyer desires to purchase said capacity and capacity rights in all of said property at the price and upon the terms herein stated; and WHEREAS, bonds of Buyer were voted on for the acquisition and construction of a system of trunk and lateral sewer, and appurtenances thereto, including the acquisition of all easements and other property necessary therefor, and for the acquisition of capacity (including rights of use) in the Magnolia Trunk Sewer located in Magnolia, Cannery and Bushard Streets; and NOW, THEREFORE, the parties hereto do hereby covenant, promise and agree as follows: (1) ,SALE: Said Sellers promise and agree to sell, and said Buyer promises and agrees to buy the following described percentage capacity and capacity rights in the above described property for the and conditions hereinafter set forth and shown 1. 4.27 of the Trunk Sewer, as 2. 1.69 of the Trunk Sewer, as 3. 1.69 9 of the Trunk Sewer, as 4, 1.85 of the Trunk Sewer, as 5. 2.45 of the Trunk Sewer, as 6. 2 of the Trunk Sewer, as total above capacity of Section A of Magnolia defined and described; total capacity of Section B of Magnolia above defined and described; total capacity of above defined and total capacity of above defined and total capacity of above defined and total capacity of above defined and 3 consideration and upon the terms in "Exhibit A" hereto attached: Section C of Magnolia described; Section D of Magnolia described; Section E" of Magnolia described; Section E' of Magnolia described; 7. 1.63 of the total capacity of Force Main and Pumping Plant, as above defined and described. (2) PURCHASE PRICE: The total purchase price which Sellers agree to accept for the capacity and capacity rights herein being sold to Buyer, and which Buyer agrees to pay to Sellers for said capacity and capacity rights, is hereby fixed and determined as follows and shown in "Exhibit A" hereto attached: 4.27 (1), of the total cost incurred, by Sellers in the completed construction of Section A, of the Magnolia Trunk Sewer, as hereinabove defined and described; 69 1 (2) of the total cost incurred, by Sellers in the completed construction of Section B, of Magnolia Trunk Sewer, as hereinabove defined and described; 1.69 (3) of the total cost incurred by Sellers in the completed construction of Section C, of the Magnolia Trunk Sewer, as hereinabove defined and described; 1.85 (4) of the total cost incurred by Sellers in the completed construction of Section D, of Magnolia Trunk Sewer, as hereinabove defined and described; 2.45 (5) of the total cost incurred by Sellers in the completed construction of Section E of the Magnolia Trunk Sewer, as hereinabove defined and described; 2.50 (6) of the total cost incurred by Sellers in the completed construction of Section E', of the Magnolia Trunk Sewer, as hereinabove defined and described; 1.63 (7) of the total cost incurred by Sellers in the completed construction of Force Main and Pumping Plant. "Total Costs of Completed Construction as said term is used in this numbered paragraph of this agreement, shall mean and include all costs of Construction, including engineering, legal, and incidental costs, together with interest thereon at the rate of two per cent (2 per annum from November 15, 1950, to date of payment of purchase price. (3) PAYMENT OF PURCHASE PRICE: The total amount of said purchase price shall be paid by Buyer to Sellers on the effective date of completion of the Agree- ment, effective date being defined as the date of signing by all of the parties to the Agreement. That said total purchase price shall be paid to CITY OF ANAHEIM, one of the Sellers herein, who is hereby designated as Agent for all the Sellers, to receive and accept payment of said purchase price, and to hold the same in trust for all the Sellers, and to disburse and distribute the same between the Sellers when their percentage interests in the above described property, and in the purchase price money has finally been determined and agreed upon between them. (4) COST OF MAINTENANCE AND OPERATION: Buyer shall be liable for, and does hereby agree to pay, its proportionate share of all costs of maintenance and operation of the above described property incurred from and after the time when Buyer commences use thereof, upon the following basis: Buyerts proportionate share of, and liability for, costs of maintenance and operation shall be determined, and shall be based upon the porportion which the flow of sewage placed in the above described property by Buyer bears to the total flow of sewage placed in said property by all the users thereof, add upon the same basis and formula as is used in determining the shares of costs of maintenance and operation to be paid by all other users thereof. (5) MAINTENANCE DEFINED: Maintenance of the above described property is defined, and shall be construed to mean, the repair and upkeep of the same, whether it requires installation of, or replacement of new naterials or not, if the repair and upkeep be occasioned or made necessary solely through the use thereof, together with the reasonable and necessary costs of the removal of obstructions therefrom. 4 (6) DATE FOR COMMENCEMENT OF USE: Buyer shall have the absolute right to connect its proposed trunk and lateral sewer system and lines into the above described property at any time after the purchase price has been paid in full in the manner hereinabove provided. (7) USE OF CAPACITY RIGHTS: It is further understood and agreed by and between the parties hereto that the participation capacity rights contained in the over all remaining contingent capacity hereby agreed to be sold to said STANTON COUNTY WATER DISTRICT as shown on said "Exhibit A" shall not entitle said STANTON COUNTY WATER DISTRICT to ~the use of said participation capacity rights for the discharge of sewage into said Magnolia Trunk Sewer and Pumping Plant and Force Main. (8) It is understood and agreed that this agreement gives the Buyer no rights; nor voice in the control or management of the above described property, and that this agreement contains no provisions relative to reconstruction, or the construction of additional facilities, all of which matters are left for future negotiations and agreement between the parties. (9) It is understood and agreed that all of the terms and provisions of the Supplemental Agreement made and entered into by and between the Sellers herein during the year, 1954, shall be binding upon the Buyer except as herein otherwise provided. IN WITNESS WHEREOF, each of the parties hereto have caused this contract to be executed by its duly authorized officers this day of 195 Executed this day CITY OF ANAHEIM Of 195 By Mayor ATTEST: (SEAL) City Clerk Executed this day CITY OF FULLERTON Of 195 By Mayor ATTEST: (SEAL) City Clerk Executed this day CITY OF ORANGE Of 195 By Mayor ATTEST: (SEAL) City Clerk Executed this day CITY OF BUENA PARK Of 195. By Mayor ATTEST: (SEAL) City Clerk Executed this day GARDEN GROVE SANITARY DISTRICT Of 195 By President AND: (SEAL) Secretary Executed this day LA HABRA SANITARY DISTRICT Of 195 By President AND: (SEAL) Secretary Executed this day PLACENTIA SANITARY DISTRICT Of 195. 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