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78-078RESOLUTION N0. 78R- 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH COUNTY SANITATION DISTRICT N0. 3 OF ORANGE COUNTY, CALIFORNIA, IN CONNECTION WITH THE KNOTT INTER- CEPTOR SEWER. WHEREAS, pursuant to the Orange County Sanitation Dist- rict No. 3 ("District") construction of the Knott Interceptor Sewer from Katella Avenue to Lincoln Avenue in the City of Anaheim ("City"), it was necessary to remove and replace approximately one mile of eight inch (8") sewer line owned by the City; and WHEREAS, after District's contractor had removed the above-described City sewer line and had installed District's sewer line, said contractor reconstructed and replaced portions of that City sewer line; and WHEP.EAS, City, upon completion of the replacement of the City sewer line, inspected the construction and has asserted that it fails to meet the engineering standards as determined by City; and WHEREAS, District has asserted and maintains that said sewer line was installed and is existing in accordance with engi- neering standards and specifications acceptable in the profession and industry; and WHEREAS, the District and City wish to resolve the dis- pute concerning who was at fault and what the measure of damages should be by providing that the District will asswne the obligation to maintain that portion of the City sewer line wherein the alleged defects occurred for and in consideration of the City's release and discharge of District from any claim or cause of action arising out of the alleged defects; and WHEREAS, an agreement has been prepared, the terms and conditions of which are acceptable to the City Council of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the terms and condi- tions of said agreement are hereby approved and accepted. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby, author.zed to execute said agreement on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31st day of Ja~}uary , ANAHEIM ATTEST: ,, ~ ~ f ~ r` f _.,...- T OF ANAHEIM R(1F • ~Fm ....~,. 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. 78R-78 was introduced and adopted_at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 31st day of January, 1978•, by: the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R-78 on the 31st day of January, 1978. IN WITNESS WHEREOF, I have .hereunto set my hand and ~.ffixed the-.seal of the City of Anaheim this 31st day of January, 1978. ~~ , ~-. _ ~ ~• CITY CL RK OF THE CI OF ANAHEIM (SEAL) I, LIN?)A D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R-78 duly passed and adopted by the Anaheim City Council on January 31, 1978. CITY CLERK .zo~oaalQ s~.zoM o?iQn,~