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1968-060RESOLUTION NO. 68R- 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT PROVIDING FOR THE FURNISHING TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA OF TEMPORARY COMMUNICATION LINES AND POWER TO RUN A SMALL MOTOR IN THE OPERATION OF ITS SANTIAGO LATERAL. WHEREAS, The Metropolitan Water District of Southern California is charged with the responsibility of operating its Santiago lateral, a pipeline for the conveyance of water; and WHEREAS, said District has temporary need for communi- cation lines and of electrical power to run a small motor in the operation and maintenance of said Santiago lateral; and WHEREAS, there are no communication lines to and there is no electrical power available at the Santiago lateral where said motor is operated and maintained; and WHEREAS, the City of Anaheim is constructing and will maintain and operate a filtration plant at the Walnut Canyon Reservoir, which is located in the vicinity of the Santiago lateral, and by reason of the operation of said filtration plant, will have facilities available to permit said District tempo- rarily to obtain communication lines and power from the in -plant facilities of the filtration plant; and WHEREAS, the City is willing to cooperate with said District to provide temporary communication lines and power; and WHEREAS, a form of agreement has this day been sub mitted to the City Council to be made and entered into between the parties, providing for the furnishing by the City of tempo- rary communication lines and power for the operation of said motor and auxiliary facilities of said District upon the terms and conditions set forth in said agreement; and WHEREAS, the City Council finds that said agreement is satisfactory and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement this day submitted to the City Council, to be made and entered into between the parties, providing that: 1. The City of Anaheim shall agree to permit said District to tie in and use power and communication lines to the City's internal circuit at the filtration plant located at the Walnut Canyon Reservoir and to obtain electrical power necessary for the operation of said motor and auxiliary facilities. Said power and communication lines shall be located at places and in the manner designated by the City. Metropolitan Water District shall agree to provide whatever protection devices are required by the City to protect City's internal circuits from externally caused damage. -1- 2. As consideration for the right granted, said District shall agree to pay the City One Dollar ($1.00). 3. Metropolitan Water District shall indemnify and save harmless the City of Anaheim against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City from any and all claims, demands, suits, actions or proceedings of any kind or nature, including Workmen's Compensation claims, of or by anyone whomsoever, proximately resulting from or arising out of the operations of said District in connection with the lines to be installed pursuant to said agreement. 4. It shall be understood by and between the parties that the City does not assume a public utility obligation to serve electric power to said District pursuant to said agreement. In the event that the use of the power and communication lines installed pursuant to said agreement by said District proves to be detrimental to the operation of the City's filtration plant or reservoir controls, the City may, upon ten days' written notice, served upon said District, cancel said agreement. 5. Said District shall agree that when commercial power and telephone service is available to serve its facilities which are served pursuant to said agree- ment, it will discontinue use of the power and tele- phone lines installed pursuant to said agreement. When use of the power and telephone lines installed pursuant to said agreement is discontinued, said District shall agree that said lines will be abandoned and become the City's property if the City wishes to accept said lines. 6. It shall be understood by and between the parties that the City, its agents and employees shall not be respon- sible for any damage done to property of said District installed pursuant to said agreement, whether such damage is done by act of omission or commission. 7. Said District shall have the right of access to the facilities to be installed pursuant to said agreement for the purpose of constructing, operating, and main- taining said facilities, provided that the Senior Operator at the City's Lewis Substation located at Lewis and Cerritos Streets in the City be notified prior to the exercise of such right of access by said District. be, and the same is hereby, approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 23rd day of January, 1968. ATTEST: CI1'Y CLERK OF THE CITY OF NA�HEIM (SEAL) MAYO OF THE F ANAH 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 23rd day of January, 1968, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Chandler and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 23rd day of January, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of January, 1968. CI CLE OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R -60 duly passed and adopted by the Anaheim City Council on January 23, 1968. City Clerk