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1973-442 ,...-." RESOLUTUION NO. 73R- 442 A RESOLUTION OF THE CIT~ COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WHEREBY THE CITY INSTALLS ADDED FACILITIES TO A CUSTOMER'S PREMISES FOR ELECTRICAL SERVICE, AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY OF ANAHEIM. WHEREAS, City owns and operates an electrical distribution system; and WHEREAS, electrical customers of the City, from time to time, request the City to install certain added facilities to furnish electrical service to the customer's premises; and WHEREAS, such added facilities are different than, or in addition to, facilities which City would normally install; and WHEREAS, Rule 2H of the City's Rules and Regulations pertaining to the furnishing of electrical service authorized the installation of such added facilities, subject to an agree- ment to be entered into between the customer and the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the terms and conditions of an agreement, all as shown on an exhibit attached hereto and denominated Exhibit A, be, and the same are hereby approved. BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the utilities Director of the City of Anaheim is authorized to execute said agreement on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is signed and approved by me this 25th day of September, 1973. . -,\ . &~..J- .~ ARW: j h - - ~,- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-442 was passed and adopted at a regular meeting of the City Council held on the 25th day of September , 19 73, by the following vote of the members thereof; - AYES: COUNCILMEN: NOES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton None ABSENT: COUNCILMEN: Stephenson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 25th day of September , 19 2l........ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of September , 19~, ~~L~ M~ CITY CLE OF THE CITY OF ANAHEIM (S.EAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-442 duly passed and adopted by the Anaheim City Council on September 25, 1973. JL Ju_ j)0-~ City Clerk -. 591+111+0 I 11 EXHIBIT A A G R E E MEN T --------- 2 :1 THIS AGREEMENT made and entered into this <' 11-1:1 day of September , 1973, by and between the 5 6 7 8 9 10 11 CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "CITY", A N D , a corporation, hereinafter referred to as "CUSTOMER". WIT N E SSE T H: -------,--- WHEREAS, CITY owns and operates an electrical distribu- ion system; and 12 WHEREAS, CUSTOMER has requested CITY to install certain dded facilities to furnish electrical service to CUSTOMER's 13 14 15 16 remises; and WHEREAS, such added facilities are different than, or n addition to, facilities which CITY would normally install; and 17 18 WHEREAS, Rule No. 2H of CITY'S Rules and Regulations ertaining to the furnishing of electrical service authorized the 19 nstallation of such added facilities, subject to an agreement 20 21 22 23 24 25 26 27 28 29 entered into with CITY. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE FOLLOWING COVENANTS, AND CONDITIONS, THE PARTIES HERETO AGREE AS 1. CITY agrees to install and maintain the added facili- ies, as shown on "Exhibit A" attached hereto and made a part though set forth fully hereat. 2. CUSTOMER agrees to pay a monthly charge for the dded facilities in the amount of One and Thirty-Five One Hun- redths percent (1.35%) of the added investment, as determined by he CITY and shown on "Exhibit A". The monthly charge may be pre- 32 -1- 1 dicated upon estimated costs of the added facilities, and when the 2 recorded book costs of the added facilities has been determined by 3 the CITY, the charges will be adjusted retroactively to the date 4 the service was first rendered by means of such added facilities. 5 Additional charges resulting from such adjustment will, unless 6 other terms are mutually agreed upon, be payable within thirty (30) 7 days from the date of presentation of a bill therefor. Any credits 8 resulting from such adjustment will, unless other terms are 9 mutually agreed upon, be refunded upon demand of CUSTOMER. When- 10 ever a change or replacement is made in the added facilities which 11 results in changes in the added investment, the monthly charge will 12 be adjusted on the basis of the revised added investment. "Exhibit 13 A" will be amended to reflect any changes in equipment, installatio 14 and removal costs, amount of 15 resulting from any change in 16 aforesaid. added investment, and monthly charge the added facilities or adjustment as 17 3. Such monthly charges shall commence upon the date 18 when said added facilities are available for use, but not before 19 service is first established and rendered through the CITY'S 20 normal facilities, and shall first be payable when the CITY shall 21 submit the first energy bill after such date, and shall continue 22 until abandonment of such added facilities by CUSTOMER, subject to 23 the provisions of paragraphs 4 and 5 hereof. 24 4. In the event that the added facilities are abandoned 25 by termination of service or otherwise, prior to five (5) years 26 from the date service is first rendered by means of the added 27 facilities, CUSTOMER shall pay to the CITY within thirty (30) days 28 . after presentation of a bill therefor, if CITY does not require ~t 29 to be advanced, the CITY'S estimated cost (less the estimated sal- 30 . vage) of installing and removing the added facilities, wh~ch costs 31 are agreed to be as shown on "Exhibit A". If the added facilities 32 have been only partially constructed prior to such abandonment, -2- 1 CUSTOMER agrees to pay the CITY within thirty (30) days after pre- 2 sentation of a bill therefor, the amount extended by the CITY (not 3 exceeding the amount shown on "Exhibit A") for installing and 4, removing the partially-constructed added facilities. 5 5. CUSTOMER agrees to utilize said added facilities in 6 accordance with good operating practice, and to indemnify the CITY 7 for damage to said equipment occasioned or caused by the negligence 8 overloading, want of proper care, or wrongful act of CUSTOMER or 9 any of his agents, employees, or licensees. Failure so to exercise 10 due diligence in the utilization of said added facilities will 11 give the CITY the right to terminate this agreement, to remove 12 said facilities, and to immediate reimbursement for the installa- 13 tion and removal costs as aforesaid. 14 6. The CITY'S performance under this contract is sub- 15 ject to the availability of materials required to provide the added 16 facilities provided for herein, and to all applicable rates and 17 rules of the CITY. 18 7. This contract for added facilities supplements the 19 agreement for electric service presently in effect between CUSTOMER 20 and the CITY, and is in addition to the CITY.S Electrical Rates, 21 Rules and Regulations. 22 8. This contract shall at all times be subject to such 23 changes or modifications by the City Council of the City of 24 Anaheim, and said City Council may, from time to time, direct in 25 the exercise of its jurisdiction. 26 IN WITNESS WHEREOF, the parties hereto have caused this 27 agreement to be executed on the date first hereinabove written. 28 CITY OF ANAHEIM, a municipal 29 corporation a corporation 30 31 32 By By President Utilities Director "CITyn By Secretary nCUSTOMER" -3- _~_..........__,__~_~___~~<~_~",,,_...-~"._'4.~"~~"""""'~'.~'_~'''_~_'~'_.'. ,'_.-. _._....M"~..'_.~~.,..._. _<.,...;,.,_,.,""..,~,,,,"~..,,."",.,._~_._.~,~.,,..d_''''