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1977-797RESOLUTION NO. 77R- 797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH WARMINGTON DEVELOPMENT, INC. TO REIMBURSE SAID CORPORATION FOR INSTALLING 473 FEET OF WATER MAIN AS PART OF THE SECONDARY DISTRIBUTION SYSTEM IN THE AREA OF S. AVENIDA MARGARITA AND AVENIDA FELIPE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. WHEREAS, the City of Anaheim has provided in Rule 15 of its Water Rates, Rules and Regulations that when a secondary water distribution system must be extended to a new development, the system will be paid for and installed by the developer of the property to which the system is extended; and WHEREAS, said Regulations further provide that, if the system will later serve additional property, the City will reimburse the developer for a proportionate cost of the system serving the additional property if, and when, said property is developed and fees are collected from future developers; and WHEREAS, Warmington Development, Inc. has installed approximately 473 feet of 8 -inch water main in S. Avenida Margarita from approximately 40 feet west of the center line of Avenida Felipe to approximately 513 feet east of the center line of Avenida Felipe as part of the secondary distribution of said area; and WHEREAS, the City of Anaheim has determined that Warmington Development, Inc. is entitled to reimbursement for a portion of said installation when and if the City collects fees from future developers of properties on S. Avenida Margarita adjacent to developer's residential development; and WHEREAS, an agreement has been prepared, the terms and conditions of which are satisfactory to the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the terms and conditions of an agreement for the reimbursement to said corporation be, and the same are hereby, approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the City of Anaheim. -1- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3 th day of December 1977. 4 ATTEST: CICAtilVA E F ANAHEIM ROF: jh OF T E CIT ANAHEIM 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. 77R -797 was introduced-and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of December, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Roth and Thom NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Kott and Seymour ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 77R -797 on the lath day of December, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of December, 1977. (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -797 duly passed and adopted by the Anaheim City Council on December 13, 1977. •2400y •quTIadnS .za4uM ao4oaaTla sal4TI Ffl i CITY LERK OF THE CI OF ANAHEIM CITY CLERK