1951-18611
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WHEREAS,
of December, 1944,
RESOLUTION NO. 1861
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AX IM STNDING AND
DETERMIT'ING THAT RENTAL MARGE NOW PAID
BY THE WASTE WATER DISPOSAL COMPANY FOR
PERMISSION TO DISCHARGE WATER INTO THE
JOINT OUTFALL SEWER IS INADZQUATE AND
FINDING AND DETERMINING THAT WRITTEN
NOTICE TO THAT EFFECT SHOULD BE GIVEN TO
SAID WASTE WATER DISPOSAL COMPANY, AND
FINDING AND DETERMINING THAT SAID RATE
SHOULD BE INCREASED.
heretofore, to wit, on or about the lst day
an agreement was duly made and entered into
by and between the Cities of Santa Ana, Anaheim, Fullerton and
Orange and the Sanitary Districts of La Habra, Placentia, Buena
Park and Garden Grove, as Parties of the First Part, and Waste
Water Disposal Company, a California corporation, Party of the
Second Part; and
WHEREAS, under and by virtue of the terms of said agree-
ment said Waste Water Disposal Company was authorized to discharge
waste water into the sewage disposal system owned and operated by
the Parties of the First Part for a term of four (4) years,
commencing on the let day of Deoember, 1944, and ending on the
lst day of December, 1948, and to continue to discharge water into
said sewerage system after December 1, 1948, in such amounts as
can be accomodated in the space in said system not utilized by the
First Parties; and
WHEREAS, said agreement did provide that said Party of
24 the Second Part should pay a rental of Forty -Five Dollars ($45.00)
25 per million gallon for all water discharged in said sewerage
26 system; and
27 WHEREAS, the City Council of the City of Anaheim
hereby finds and determines that due to the increased costs of
29 maintaining and operating said sewage disposal system, that said
30 rental of Forty -Five Dollars ($45.00) per million gallon, now paid
31 by Said Party of the Second Part, is inadequate and that a notice
32 to that effect should be given to said Party of the Second Part and
1 signed by a majority of the Cities herein above named as provided
2 in said written agreement; and
3 WHEREAS, said City Council further finds and determines
4 that said rental should be increased and fixed and determined as
5 provided in said agreement;
6 NOW, THEREFORE, BE IT RESOLVED by the City Council of
7 the City of Anaheim that the rental now being paid by said
8 Waste Water Disposal Company for the privilege of discharging
9 waste water into the sewage disposal system of the joint outfall
10 sewer be and the same is hereby found and determined to be in-
11 adequate and that said Waste Water Disposal Company be so notified
12 by written notice signed and given by a majority of the Cities of
13 Santa Ana, Anaheim, Fullerton and Orange; and.
14 BE IT FURTHER RESOLVED that the said Waste Water Disposal
15 Company be notified that in the event the amount of rental to be
16 charged cannot be fixed and determined by mutual agreement within a
17 period of thirty (30) days from the date of receipt of said notice,
18 that an arbitration committee composed of engineers as provided in
1 said agreement shall be named and selected to determine the amount o
20 said rental by arbitration.
21 THE FOREGOING RESOLUTION is approved and signed by me
22 this 21st day of August 1951.
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STATE OF CALIFORNIA
COUNTY OF ORANGE
88
I cis E. GRIFFITH City Clerk of the City of
AIM do hereby certify that the fore
an adjourned.
going Resolution was passed and adopted at /regular meeting of the
City Council of the City of ANA held on the 21st
day of August 1951, by the following vote of the members
thereof:
AYES: COUNCILMEN: Pearson, Wieser, Heying, Roney and Van Wagoner
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
And I further certify that the Mayor of the City of
AIM signed and approved said Resolution on the
21st day of August 1951.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of said City of alumM this 21st
day of August 1951.