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1979-172RESOLUTION NO. 79R- 172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF THE SECOND AMENDMENT TO AN AGREEMENT WITH MUNICIPAL WATER DISTRICT OF ORANGE COUNTY IN CONNECTION WITH THE DIEMER INTERTIE AND AUTH- ORIZING THE GENERAL MANAGER OF THE PUBLIC UTILITIES DEPARTMENT TO EXECUTE SAID AMENDMENT. WHEREAS, on January 25, 1978, the City of Anaheim and other agencies entered into an agreement (hereinafter referred to as the "Diemer Basic Agreement with Municipal Water District of Orange County (hereinafter "MWDOC to construct a pipeline for the delivery of treated water (hereinafter "Project and WHEREAS, pursuant to the Diemer Basic Agreement, MWDOC caused the Project to be designed in two sizes or capacities, i.e., one for a maximum 336 cfs capacity and one for 416 cfs; and WHEREAS, design costs of the larger pipeline were under- written by Irvine Ranch Water District (IRWD), in connection with its option in the Diemer Basic Agreement to acauire 80 cfs of al- ternative capacity; and WHEREAS, MWDOC has received alternative bids for the con struction of the Project in accordance with both designs, and the approximate additional or incremental construction cost of the larger line is $2,958,000.00; and WHEREAS, the Irvine Company has offered to acauire 22 cfs of capacity in the Project for $3,550,000.00 as prepaid rental, upon condition that the increased 80 cfs capacity be included in the Project and IRWD's option be extended; and WHEREAS, a Second Amendment to the Diemer Basic Agreement has been prepared, the provisions of which set forth the terms and conditions under which the Irvine Company may participate in the Project; and WHEREAS, the terms and conditions of said Amendment are satisfactory to the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the terms and condi- tions of said Second Amendment are hereby approved and accepted. BE IT FURTHER RESOLVED that the General Manager of the Public Utilities Department be, and he is hereby, authorized and directed to execute said Second Amendment on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day March, 1979. llr I "'rR OF THE CI OF AN HE IM ATTEST: pi CITY' CLERK OF T E CITY OF ANAHEIM ROF 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. 79R -172 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of March, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -172 on the 27th day of. March, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of March, 1979. CITY CLERK OF THE CI OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -172 duly passed and adopted by the Anaheim City Council on March 27, 1979.