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1961-6703RESOLUTION NO. 6703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF ANAHEIM AND SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, RELATING TO ACQUISITION OF EDISON COMPANY FACILITIES AND AUTHORIZING THE EXECUTION THEREOF. WHEREAS, the City proposes to acquire and construct an electric light, heat and power transmission and distribution system in and for certain portions of the City of Anaheim and in doing so the City proposes to condemn certain portions of real and personal property of Southern California Edison Company located in certain portions of the City and used by said Edison Company in connection with its presently existing electric light, heat and power transmission and distribution system which it is now operating and maintaining in said City; and WHEREAS, said Southern California Edison Company does not consent to the acquisition of any of its said property by the City, but, subject to its right to oppose any such condemnation, is willing to agree that in the event the City pursues, for the purpose of any such condemnation, an action in Eminent Domain to conclusion and obtains judgment therein condemning said property of the Edison Company for the purposes aforesaid, any reasonably necessary electric transmission and /or distribution facilities installed or removed by Edison Company after the date of the inventory which is used as a basis for the award in any such action in Eminent Domain, and prior to entry of judgment therein, will be paid for by the City or credit given to the City as the case may be; and WHEREAS, the said Southern California Edison Company has this day submitted to the City Council a proposed agreement providing for the determination and payment of any expense incurred by said Southern California Edison Company for electric transmission and /or distribution facilities installed or removed by said Edison Company after the date of said inventory and prior to the entry of judgment and said action of Eminent Domain and the appearing to the City Council. The said agreement is fair and reasonable on its face and would be beneficial to the City of Anaheim and should be approved and its execution authorized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the proposed agreement this day submitted to the City Council of the City of Anaheim providing that any reasonably necessary electric transmission and /or distribution facilities installed or removed by said Edison Company after the date of the inventory, which is used as a basis for the award, in any such action in Eminent Domain and prior to the entry of judgment therein shall be paid for by the City of Anaheim or credit given to the City of Anaheim as the case may be, be, and the same is hereby, approved and that the Mayor and the City Clerk be, and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. -1- AND BE IT FURTHER RESOLVED, that the copy of said agreement this day submitted to the City Council be filed in the Office of the City Clerk and that said agreement is incorporated herein by reference and made a part hereof the same as though set forth in full herein. THE FOREGOING RESOLUTION is approved and signed by me this 28th day of February, 1961. ATTEST: STATE 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 28th day of February, 1961, by the following vote of the members thereof: ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 28th day of February, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of February, 1961. R OFl HE CI Y ANAHEIM AYES: ODUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN: None