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1949-1700RESOLUTION AUTHORIZING TERMINATION OF CONTRACT PERMITTING 1 NEWPORT BEACH TO USE THE SUBMARINE TUBE EXTENDING INTO THE PACIFIC OCEAN. 2 WHEREAS, heretofore on or about the 6th day of October, 1936, an agree- 3 meat was entered into between the members, contracting parties, to the Joint Out- 4 fall Sewer Agreements and the City of Newport Beach, a Municipal Corporation of 5 the Sixth Class; and 6 WHEREAS, conditions are now so changed that said members require addition 7 capacity in said sewer pipeline and further propose termination of maintenance and 8 operation of said pipeline. 9 NOW, THEREFORE, BE IT RESOLVED: That the Clerk of the City of Santa Ana 10 e and she is hereby authorized and directed on behalf of the City of Anaheim to 11 serve upon the City of Newport Beach, a Municipal Corporation of the Sixth Class of 12 the State of California, referred to as and being the Party of the Second Part in 13 nd under the provisions of that certain agreement heretofore entered into on or 14 bout the 5th day of October, 1936 by and between said City and those certain 15 Cities and Sanitary Districts which in said agreement are set forth as Parties of 16 the First Part, a notice in writing notifying said City of Newport Beach, that two 17 y ears from and after said service upon said City, said agreement shall cease to be 18 of any further force and effect and that said City of Newport Beach must necessaril 19 e excluded from the use of the submarine tube ending in the Pacific Ocean because of the fact that the Cities and Sanitary Districts comprising said First Party, and each of them, require additional capacity in said sewer pipeline and because said Cities and Sanitary Districts comprising said First Party propose to terminate the maintenance and operation of said sewer pipeline and for other valid and sufficient reasons, said notice shall provide by its terms, that it takes effect two years from the date of its service and that it is served in accordance with the terms of the agreement hereinabove referred to which is nominated AGREEMENT IN THE MATTER OF RENTAL OF FACILITIES OF JOINT OUTFALL SEWER TO CITY OF NEWPORT BEACH. THE FOREGOING RESOLUTION is signed and approved by me this 18th day of 29 30 October, 1949. 31 ATTEST: 32 I 44.4.1:- ...0,-,-,,, CI CLERK OF T OF ANAHEIM RESOLUTION NO. 1700 MAYOR OF THE CITY OF ANAHEIM 1 TATE OF CALIFORNIA) OUNTY OF ORANGE ss. 2 ITY OF ANAHEIM 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby ertify that the foregoing Resolution No. 1700 was passed and adopted at a regular djourned meeting of the City Council of the City of Anaheim, held on the 18th day f October, 1949, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Heying, Honey and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Pace. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution No. 1700 on the 18th day of October, 1949. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City of Anaheim this 18th day of October, 19 (SEAL) f CHARD. GRIFFITH City Clerk of the City of Anaheim