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64-476 ;~]a r~,a ge r Dir. Pub. Uti litie Finance ~ i:~SOLUTION NO. 64R- 476 A P. ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ,'-LIND AUTHOXIZING THE EXECUTION OF AN AG[~EMENT BETWEEN ANAHEIM UNION WATE~i COMPA_NY AND THE CITY FOR THE SUPPLYING OF WATE[i BY THE CiTY IN A CERTAIN A~'~A MOf'0E PARTICULA£~'~LY DESCRIBED IN SAID AGP~EEMENT. WHEI~AS, Anaheim Union Water Company is the owner of a water distribution system including rights, rights of way, easements, pipes, connections, valves, flumes, ditches, weirs and. othe-,' water fac~i~lities; and WHEI~AS, said Water Company has an obligation to provide water to its stocl~o!ders, and, in the area herein- after mentioned., the cost of supplying its water and the rate charged therefor to its stocl~olders is considerably higher than the rate chargec = zor similar water by the City of Anaheim; and W'HEP~AS, the City is able and willing to supply water in said. area to the stocl~olders of said Water Company, at its standard rates for such water in the City of Anaheim; and. WHEI~AS, the City has heretofore had considerable expense in connection with its public streets and highways by reason of having to relocate water facilities of said Water Company; and WHEreAS, by acquiring the rights, rights of way, and. easements and the water facilities of Anaheim Union Water Company in said area, the City will hereafter be able to avoid, considerable expense in connection with the installation, improvement, and repair cf the public streets and highways in the City of Anaheim; and ~'~H~EAo,~ ¢' by transfe ~ ,= its rieht , , rr~.n~ ~ s rights of way and easements, and its water facilities, :tn said area, to the City, upon its agreement to provide water in said area to the stoc!.~olders of said Water Company, it will be able to provide for its stockholders to receive equivalent water at a lesser rate than can be provided, by said Water Company, and it will be able to avoid, the expense of providing water and maintain- ing its facilities in said. area; and WHE?OEAS, the City and said Water Company desire to substitute water of the City for water of Anaheim Union Water Company in said area without any cost to the stockholders or users of said Water Company for the expense of any water meter or in connection with the supplyin.~ or installation of all water facilities as shall be necessary to change such supply of water, and desire to enter into a contract for the supplying of said water by the City; and WHEP~AS, the Anaheim Union Water Company has this day tendered to the City a fozm~ of agreement to be made and entered into between said. Water Company and the City for the supplying of water in said area hereinafter mentioned by the City, upon the terms and conditions set forth therein, a copy -!- of which a%reement is attached, hereto and made a part hereof; and ~,~Ei~A~, the City uounc~.~i finds that it would be to · the advantage and for the best interest of the City to enter into said agreement and that the same should be approved. NOW, THEi~FOI~, BE iT ~gSOLVED by the City Council of the City of Anaheim that the a~reement this day tendered to the City to be made and entere~ into by and between Anaheim Union Water Company and the City of Anaheim, providing for the furnishing of water by the City to the area referred to in said agreement and more particularly described in the quitclaim deed also mentioned in said agreement, upon the terms and conditions therein set forth, be and the same is hereby ap- proved. That a copy of said agreement is attached hereto and ma~e a pa~t hereof. BE IT FURTHER i~£SOLVED that the Mayor and City Clerk be and they are hereby authorized to execute said agreement for and on behalf of the City of Dmaheim. me this THE FO]tEGOING RESOLUTION is approved and signed, by ?th day of July , 1964. MAYOR OF THE CITY '?OF AI~AHEIM ATTEST: ~i~CLE'R~ OF TH~ CiTY OF ~AHEIM -2- AGREEMENT THIS AGREER[ENT, made and entered info by and between ANAHEIM UNION WATER COMPANY as first party and the CITY OF ANAHEIM as second party; WITNESSETH THAT WHEREAS, ['irst party is the o'~er of a water distri- bution system including rights, rights of way, easements, pipes, con~ections, valves, fiumes~ ditches~ weirs and other water facilities; and ~HEREAS, ':'irst party has an obligation to provide water t~, its stockho.~ders; and WHEREAS, in ,the area hereinafter mentioned the cost of sup- pl) ing its water and the rate charged therefor to its stock- h~Jlders is considerably higher than the rate charged for ~lmi]ar water by second party; and WHEREAS, second party is able and willing to supply water in said area to the stockholders of first party, at its standard ra*e:~ for such water in the City of Anaheim~ and WHEREAS~ second party has heretofore had considerable expense in connection with its public streets and high~ays by reason of having to relocate water facilities of first party; a~d WHEREAS, by acquiring the rights, rights of way, and ease- ments and the water facilities of first party in said area second party will hereafter be able to avoid considerable expense in connection with the installation, improvement, and repair of the publ'ic streets and highways in the City of Anaheim; and WHEREA~, by transferring as rights~ rights of way, and easements~ and its water facilities, in said area, to second party, upon its agreement to provide water in said area to the stock- holders of first party~ it will be able to provide for its stockholders to receive equivalent water at a lesser rate than can be provided by first party, and it will be able to avoid the expense of providin~ water and maintaining its facilities in said area; and WHEREAS, said parties desire to substitute water of second party for water of first party in said ~rea without any cost to th~ stockholders or users of first party for the expense of any water meter or ~.~ co~nection with the supplying or installation o~~ ali water facilities as shall be necessary to change such s~ppiy of water. NOW, THEREFORE, ~n consideration of the premises and the re~pective covenants and promises herein&fter contained and made said parties do hereby undertake, covenant, promise and agree as follows: l~ That first party will forthwith upon the ex~ution of ~h~ Agreement, make, execute and deliver to second party a good a~c s~I~f~ient conveyance of all of its rights, rights of way a~d easements and ali other property, rea] and personal, of ~irs~ ~ar~y i~ said area including all pipes, connections, valves, fl'ames, ditches, weirs and other water facilities in said area. 2. That the area referred to in this Agreement i~ situated in the County of 0range, State of California and described in the quitclaim deed ~rom f~rst party to second party executed by first party concurrent with its execution of this Agreement -2- and the m~p, copies of which are hereto attached and marked "Exhibits A and B", respectively, and are made a part hereof by reference with the same force and effect as if set forth in full herein. 3. That first party will c~ntinue to supply water through said water facilities to its present users thereof until two months after approval hereof by second party or September l, 196~, whichever is sooner, except those taken over and served water by second party. 4. That on or before two months after approval hereof ~y second party or September l, 1964, whichever is sooner, second party will take over and provide water to all of the pre~ent users of the water of first party and to any stockholders of first party requesting water, whether presently using water or not. 5. Second party agrees to supply and inmtall without cost to first party or its present water users or stockholders requestir~ water, all pipes, connections, valves, flm~$$, ditches, weirs, and other water facili'ties, includin~ a water meter, as shall be necessary to bring and supply the water of second party to each of the present users of the water of first party or to its stockholders requesting water, at the place such water is now delivered. 6. That it is contemplated by both parties that this agreement and the terms thereof are of mutual benefit to the parties hereto and are in the best interests of the citizens of the City of Anaheim and of the stockholders and present users of the Anaheim Union Water Company~ Should suit be brought to attack 'this agreement by any citizen of the party of the second part or by any stockholder or present user of the party of the first part, then it is agreed by both parties hereto that they and each of them shall appear and vlgorou[;ly defend the legality and propriety of the party ~ttacked to enter into this agreement. All costs of such litigation, if any, shall be borne by the party incurring such costs. 7. That the right of first party to dsc any of ~aid rights~ rights of way, easements~ or water facilities shall ex- tend to and including and s~mll expire at midnight on ~epte~ber 1964,~ 'muless second party has theretofore commenced to provide water to the users thereof supplied by said facilities. 8~ That the right of first party to use any of said facilities shall expire as to each portion of ~aid said water system as and when the use of such f~eilltiee discontinued by first party for the purpose of supplyLug ~l, er to its preeent users thereof. IN WITBWF.~S WHEREOF, said parties h~ve caused this instru- ment 'to b, dated ~d have executed the 3ame in d~pllcate~ each signed copy of which shall be ,~em d for att ~arposes to be an original and to be effective aa of said. date when duly ~xecuted by both parties hereto, ANAHEI~ DNION WATER "First Party ¢:~[~f OF AN~ IM By Attest: Oity Clerk ~' Second ~ar%y $TA/~ OF CALIFORNIA ) COUN/Y OF ORANC~ ) ss CI/Y OF ANAHEIM ) I~ DENE M. WILLIAMS~ City Clerk of the City of Anaheim~ do hereby certify that the foregoing Resolution No. 64R-476 was introduced and adopted at a regular meeting provided by law~ of the City Council of the City of Anaheim~ held on the 7th day of July~ 1964~ by the following vote of the members thereof: AYES~ COUNCILMEN: Pebley~ Dutton, Schutte, Krein and Chandler NOES~ COUNCIIN~N: None ABSEN/: COUNCIIN~N: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R-476 on the 7th day of July, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of Julyj 1964. · . -~'~. <.i~.~.~-~ ..... · CIty CLERK OF THE CITY OF ANAHEIM