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1967-267RESOLUTION NO. 67R- 267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY, CALIFORNIA, WITH REFERENCE TO THE CONSTRUC- TION OF CERTAIN SEWERAGE FACILITIES. WHEREAS, the City of Anaheim has received requests for sewer service in proposed tract developments located within the area east of Imperial Highway and south of the Santa Ana River and located within the boundaries of County Sanitation District No. 2 of Orange County, California; and WHEREAS, there are no existing sewerage facilities to serve said area; and WHEREAS, sewerage facilities are essential to the development of said areas; and WHEREAS, on March 10, 1965 said Sanitation District received a preliminary engineering report, which report recom- mends the construction of a trunk sewer easterly of Imperial Highway and south of the Santa Ana River during the period from 1975 to 1980, said sewer being designated therein as the South Santa Ana River Trunk Sewer; and WHEREAS, the City has an immediate need for a portion of said trunk sewer and wishes to proceed with the plans, speci- fications and construction thereof; and WHEREAS, it is mutually advantageous that said trunk sewer be designed and constructed so as to have capacity to serve areas at present outside the boundaries of said Sanitation District; and WHEREAS, it will be to the mutual advantage of the City and said Sanitation District for the City to proceed with the construction of the sewerage facilities hereinabove referred to and for the District ultimately to acquire such facilities by purchase from the City; and WHEREAS, County Sanitation District No. 2 of Orange County, California has submitted to the City Council a form of agreement to be made and entered into by and between the parties, providing for construction of said sewerage facilities by the City and for the purchase thereof by said Sanitation District, upon the terms and conditions therein set forth, a copy of which agreement, marked "Exhibit A," is attached hereto and made a part hereof; and WHEREAS, the City Council finds that the terms and conditions of said agreement are satisfactory and that the same should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the form of agreement submitted to the City Council to be made and entered into by and between -1- the City of Anaheim and County Sanitation District No. 2 of Orange County, California, proviaing for the construction by the City of said sewerage system hereinbefore referred to, and for the purchase thereof by said Sanitation District, upon the terms and conditions therein set forth, a copy of which agreement, marked "Exhibit A," is attached hereto and made a part hereof, be, and the same is hereby approved. 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 9th day of May, 1967. ATTEST: 7x. CIIY.CLERK OF THE CITY OF ANAHEIM 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 9th day of May, 1967, by the following vote of the members thereof: (SEAL) AYES COUNCILMEN Dutton, Krein, Chandler, and Pebley NOES: COUNCILMEN: None ABSENT COUNCILMEN Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of May, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of May, 1967. -2- CI CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolu- tion No. 67R- 267 duly passed and adopted by the Anaheim City Council on May 9, 1967. AGRE=NT FOR PURCHASE OF SEWERAGE FACILITIES FROM THE CITY OF ANAHEIM (South Santa Ana River Sewer District No. 2) THIS AGREEMENT made and entered into this 10th day of May, 1 967, by and bets .'een COUNTY SANITATION DISTRICT NO. 2 of Orange County, California, a duly organized and existing public corporation, hereinafter called "District" and the CITY OF ANAHEIM, a municipal corporation, hereinafter called "City W1 Nt SSETH: Z. ::AS, City has received requests for sewer service in pro.oscd tract developments located within the area east of Imperial Hi ch* ;:ay and south of the Santa Ana River and located within the boundaries of District; and WHEiE S, there are no existing sewerage facilities to serve W11.Lia \.:��.'yU existing facilities said area; and WHEREAS, sewerage facilities are essential to the development of said ar ca; and WHMEAS, on March 10, 1965 District received a preliminary cninecring report, which report recommends the construction of a trunk sower easterly of Imperial Highway and south of the Santa Ana River during period from 1975 to 1980, said sewer being designated therein as the South Santa Ana River Trunk Sewer; and WHEREAS, City has an immediate need for a portion of said trunk sower and wishes to proceed with the plans, specifications and construction thereof; and WH .E S, it is mutually advantageous that said trunk sewer be dc.i d and constructed so as to have capacity to serve areas at preset outside the boundaries of District and the capacity of project necessary to serve such areas is hereinafter referred to as "Excess Capacity and WHEREAS, it will be to the mutual advantage of both parties hereto for the City to proceed with the construction of the sewerage -1- facilities hereinafter referred to as "Project" and for the District ultimately to acquire such facilities by purchase from City. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions, the parties to this agreement hereby agree as follows: 1. Project consists of 4500 linear feet, more or less, of 27 -inch vitrified clay pipe, 4850 linear feet, more or less, of 24 -inch vitrified clay pipe, a temporary sewage lift station to Connect said pipe to an existing trunk sewer owned by City, necessary manholes and appurtenances, engineering, and necessary right of way and easements. 2. The total estimated cost of that portion of the Project necessary to serve areas at present within the boundaries of District, including all right of way and easement acquisition costs is $229,770. 3. The total cost of Excess Capacity in Project as herein before defined is estimated at $116,785. 4. The total estimated Project cost, being the sum of $229,770 and $116,785, is $346,555. 5. Upon completion of Project the exact total cost of Excess Capacity will be determined by subtracting the sum of $229,770 from the total cost of Project as computed on the basis of unit bid prices in City's contract or contracts and the final quantities covering material, equipment and labor plus engineering and right of way and easement acquisition costs, less the cost of said temporary sewage lift station. 6. City, in connection with Project, will: A. Prepare right of way plans, satisfactory to both District and City. B. Acquire necessary right of way and easements. C. Prepare plans and specifications satisfactory to District. -2- D. Y vcz t.r sse. en.;. cve bids in accordance with G" a ted :iinicip nl procedures. Sup 7)1y District with a copy of the tabulation bwc.:3 and after written approval of District, award s contract or contracts for construction. ::form all construction enCinco ins and inspection. G. Permit Dict rict at all mimes access to construction s o. ana to Project after completion for the purpose of mint nanco, operation and repair of Project. irancc the coat of engineering, right of way acquisition, and construction. a. u ni h District with bill of sale for Project and Deed to right of way and easements acquired for Project upon final completion of payments by District as hereinafter provided. 7. Dist: ,,ct, in connection with Project, will: esu c responsibility for all maintenance and oRtiaatioh of Project upon completion and acceptance of the work by City. 4 sy to City tho sum of :229,770 in five equal annual installments, payable on January 1 of each year and commencing in the fiscal year 1970 -1971 or, in the event final completion occurs after fiscal year 1970 -1971, in the fiscal year next following the fiscal year in which Project is finally completed and accepted. V C. Pay to City the cost of Excess Capacity of Project, as hcrcinbefore defined, in installments, as areas at present outside the District's boundaries, for which said Excess Capacity is provided, are annexed to the territory of the District. Said installments will consist of Fifty Per Cent (50 of cash -3- :'nnexatica :ees receivod by District from areas to be serva-d by .1?...oject and will be payable within thirty (LO) cy of receipt by District of such cash action fees. In the event of sale of bonds by the District for includLng Project, reimburse City for total f1 cost of Project 10,93 any amounts paid on clestInt thel'cof, within three months after said nele of bonds. O. L:lth parties, in connection with Project, agree: A. That pursuant to 6'overnavent Code Section 895.4, District shall fully indemnify and hold City n,.ilmless from any liability imposed for injury defined by Covernment Code Section 810.8) oecurrng by reason of anything done or omitted to b,z. done by District under or in connection with any worh, cluthority, or jurisdiction not delegated to City under this agreement. That pursuant to Government Code Section 895.4, City shall fully indemnify and hold District harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or jurisdiction not delegated to District under this agreement. 2N WHEREOF, the parties hereto have caused this ree to be executed by and through their respective officers -4- thereunto duly authorized as of the day and year first hereinabove written. COUNTY SANITATION DISTRICT NO. 2 of Orange County, California, a public corporation B By Chairman, Board of Directors Secretary, Board of Directors "District" and CITY OF ANAHEIM, A municipal corporation By By "City"