1954-2614RESOLUTION NO. 2614
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT TO BE MADE
AND ENTERED INTO WITH SOUTHERN CALIFORNIA
EDISON COMPANY FOR THE FURNISHING OF
ELECTRICAL ENERGY TO THE SHOPPING CENTER
OF BROADWAY -HALL STORES, INC
WHEREAS, heretofore, to wit, on the 13th day of
November, 1951, an agreement was duly made and entered
into by and between the City of Anaheim and Southern
California Edison Company for the sale of electric energy
by said Company to the City upon the terms and conditions
set forth in said agreement and as authorized in Decision
Nos. 46925 and 48704 of the Public Utilities Commission of
the State of California; and
WHEREAS, the term of said agreement is for a period
beginning on the effective date thereof and continuing until
the 30th day of June, 1956, and from year to year thereafter,
unless prior to the expiration thereof written notice is given
by either party to the other of its intention to terminate
said agreement; and
WHEREAS, by the terms of said agreement the City is
granted the right and privilege of serving those customers
which are located within the limits of the City and served by
the Company as of the effective date of said agreement, except
the City of Fullerton's Pumping Plant located at 1029 North
Palm Street, Anaheim, California, provided the City shall pur-
chase from Company, at a price to be agreed upon, such lines
and facilities belonging to the Company and located within the
City Limits of the City which are used in serving the said
consumers of the Company, such right so granted to the City to
be exercised in accordance with the terms of said agreement of
November 13, 1951, as interpreted by that certain letter dated
December 30, 1952; and
WHEREAS, said agreement provides that the Company may
continue to serve those customers within the City Limits of the
City of Anaheim as it shall be serving at the date of said
agreement and such additional consumers within the City Limits
of Anaheim as City shall request Company to serve, provided
that such customers can be supplied with electric energy and
service in accordance with the rules, rates and regulations of
the Company from the lines and facilities of the Company exist-
ing at the time of said request or requests, subject nevertheless
to the right of the City to elect to serve said customers at any
time under the terms and conditions set forth in said agreement;
and
WHEREAS, the City has requested the Southern California
Edison Company to supply the new Shopping Center of Broadway
Hale Stores, Inc., within the City Limits of the City of Anaheim,
located within the area deeded to Broadway -Hale Stores, Inc.,
which property is described on Page 417 of Book 2869 of Official
Records on file in the Orange County Recorder's Office, said
property being within the area bounded by the Santa Ana Freeway
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on the South, Euclid Avenue on the West, Crescent Street
on the North and Loara Road on the East, with electric
energy; and
WHEREAS, the said new Shopping Center of Broadway
Hale Stores, Inc., cannot be supplied from the existing
lines and facilities of the Company and in order to serve
said Shopping Center of Broadway -Hale Stores, Inc., with
electric energy as requested by the City, it will be
necessary for the Company to expend large sums of money for
distribution facilities and the installation thereof, and
the City recognizes that such expenditures can only be
economically justified if the Company is assured of rendering
such service for at least ten (10) years; and
WHEREAS, the Company is willing to comply with the
request of the City and serve said Shopping Center and the
customers to be located therein, upon the terms and conditions
hereinafter set forth, and believes that such terms are reason-
able and fair; and
WHEREAS, the City Council finds that it would be to
the advantage of the City to have the Company serve said
Shopping Center of Broadway -Hale Stores, Inc., with electric
energy upon the terms and conditions hereinafter set forth;
NOW, THE}EFORE, BE IT RESOLVED BY THE CITY COUNVCIL
OF THE CITY OF ANAHEIM that that certain agreement herein
above referred to, dated November 13, 1951, be supplemented
to the following limited extent:
1. That as requested by the City, the Company shall
serve and supply the new Shopping Center of Broadway -Hale
Stores, Inc., located within the area deeded to Broadway -Hale
Stores, Inc., which property is described on Page 117 of Book
2869 of Official Records on file in the Orange County Record-
er's Office, and the customers to be located therein, with all
of the electric energy and service that may be required at
said location, and that said Company shall make the necessary
expenditures and installation of facilities as soon as possible
to serve said customer or customers in accordance with the
effective rules, rates and regulations of the Company from the
lines and facilities of the Company, and from such additional
lines and facilities as may be reasonably necessary to furnish
and supply said customer or customers with the electric energy
required at said location.
2. That by virtue of its undertaking to make such
expenditures, the Company shall have the right to serve said
customers continually for a period of ten (10) years from the
date service is first rendered, and the City shall waive for
such time its right and privilege of serving said customers,
as provided in the aforesaid agreement of November 13, 1951,
and of purchasing lines and facilities for such service; pro-
vided, however, that on and after the expiration of such ten
(10) year period the City shall have the right and privilege
of serving said customers, provided the City shall purchase
from the Company, at a price to be agreed upon, such lines and
facilities belonging to the Company and located within the
limits of the City, which are used in serving said Shopping
Center of Broadway -Hale Stores, Inc., at said location.
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3. All of the terms, conditions and provisions of
the agreement made and entered into by and between the City
and Southern California Edison Company on November 13, 1951,
as interpreted by that letter agreement made and entered into
on December 30, 1952, shall be and remain in full force and
effect until otherwise modified or rescinded by mutual agree-
ment of the City and said company, except as herein otherwise
provided, and except as they may have been or may be modified
by any decision of the Public Utilities Commission of the
State of California rendered subsequent to the dates of said
agreements.
4. That the agreement to be made and entered into
shall be at all times subject to such changes or modifications
by the Public Utilities Commission of the State of California
as said Commission may from time to time direct in the exercise
of its jurisdiction on matters which are subject to control or
regulation of said Public Utilities Commission.
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 30th day of December, 1 954.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
RE CI OF ANAHEIM
I, Dene M. Williams City Clerk of the City
of Anaheim, do hereby certify that the foregoing resolution
was introduced and adopted at an adjourned regular meeting
provided by law of the City Council of the City of Anaheim,
held on the 30th day of December, 1954, by the following vote:
AYES: COUNCILMEN: Pearson, Fry, Schutte and
Van Wagoner.
NOES: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 30th day
of December, 1954..
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 30th
day of December, 1 954.
(SEAL)
ABSENT: COUNCILMEN: Wisser.
CITY CLERK OF THE CIT OF ANAHEIM
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