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64-025RESOLUTION NO. 6ISR- 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZINg THE EXECUTION OF AN AGREEMEIfr FOR THE SALE OF WATER AND WATER- CARRYING CAPACITY RIGHTS IN A CERTAIN WATER TRANSMISSION LINE TO THE CITY OF ORANGE. Acctg. Off. Eng. Dir .Pub. Work ~ Dir .Pub. Utiliti, Customer Ser. WHEREAS, the City of Anaheim is the owner of a certain 16-inch water transmission line located under, along, and through that portion of Lincoln Avenue in the City of Anaheim lying east of the Nohl Canyon Road, which line ends at a point where said line joins a certain 3/h.-million-gallon water tank belonging to the City of Anaheim; and WHEREAS, the City of Oran9e desires to supply water service to certain real property located in the City of Orange, and for such purpose desires to purchase water from the City of Anaheim and also desires to purchase certain water-carrying capacity rights in the aforementioned 16-inch water transmission line from the City of Anaheim; and WHEREAS, the City of Anaheim is willing to permit the City of Orange to purchase water as well as being willing to sell to the City of Orange water-carrying capacity rights in the aforementioned 16- inch water transmission line; and WHEREAS, the Cities of Anaheim and Orange desire to enter into an agreement for the sale and purchase of water and certain water-carrying capacity rights in the aforementioned water transmission line. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that an agreement be made and entered into by and between the City of Anaheim and the City of Orange for the sale and purchase of water and certain water-cart-/lng caps- city rights in the water transmission line above-mentioned, the terms, covenants and conditions of which agreement shall be ss fo 1 lows: 1. The City of Anaheim shall agree to sell and the City of Orange shall agree to buy water belonging to the City of Anaheim durin9 the period of the agreement at a price based on the foliowin9 formula: The cost to the City of Anaheim to purchase water from the Metropolitan Water District from the East Orange County Feeder #2 when said water is located in said Feeder at an elevation of approximately 500 feet, plus $6.00 per acre foot .pumping charge to lift the aforementioned water to an. elevation of approximately 7a5 feet, plus an additional amount representing 25% of the aforementioned total sum representing an amount to defray costs of admini- stration and overhead. 2. The City of Anaheim shall agree to sell and the City of Orange shall agree to buy water-carrying capacity rights in a certain 16-inch water transmission line belonging to the City of Anaheim, located under, along, and through that portion of Lincoln Avenue in the City of Anaheim extending easterly from the intersection of Lincoln Avenue and Nohl Canyon Road, -1- and ending at a point where said line joins a certain 3/l~-million- gal lon tank belonging to the City of Anahe ira, the cost of said water-carrying capacity rights to be as follows: The City of Orange to receive 20% of the capacity of the aforementioned and described 16-inch water transmission line for the aforementioned length of said line for $5,200 payable on or before 30 days from da_.t~e of agreement__, plus an additional shm-- represe~'tl~g--E0%'"'o~~ ~atever cost is incurred by the City of Anaheim to replace or maintain said line or any portion thereof for the aforementioned length of said line. The City of Orange shall a§ree to pay the aforementioned additional sum representing 20~ of the aforementioned maintenance and replacement costs whenever the City of Anaheim notifies the City of Orange, in writing, to pay such sum and as said costs are incurred by the City of Anaheim. 3. The City of Anaheim shall agree to provide the necessary labor to install a 6-inch water meter at an exact location to be mutually agreed upon at s later time by the Cities of Anaheim and Orange, said location to be in or near the inter- section of Lincoln Avenue and Nohi Canyon Road. The City of Orange shall agree to pay for the cost of installing said meter and for any cost incurred by the City of Anaheim in maintaining, repairing, or replacing said meter. It shall be understood and agreed to by the City of Orange that said meter shall remain the property of Anaheim. h- The City of Anaheim shall agree that the City of Orange will have the right to transmit water belongin9 to Orange through the aforementioned and described water transmission line whenever the City of Oran9e informs Anaheim, in writing, of its intent to so transmit water belonging to the City of Orange. ~henever the City of Orange so informs Anaheim, in writing, of its intent to so transmit water belonging to Orange, the provi- sions of said agreement by which the City of Anaheim agrees to sell and the City of Orange agrees to buy water belonuin9 to Anaheim shall cease to be of any force and effect. The City of Orange shall agree that Oran§e shall not transmit water belon§- in9 to Orange through said transmission line in any amount in excess of the aforementioned 20% capacity ri§ht of the City of Orange. 5. Said agreement shall be and become effective upon the approval and proper signatures of both parties to said agree- ment. 6. The provisions of said agreement by ~hich Anaheim agrees to sell and ©range agrees to buy water belonging to Ana- heim shall, terminate and be of no force nor effect pursuant te Condition No. l~ hereof; however, the provisions of said agreement by which Anaheim agrees to sell and Orange agrees to buy water belonuin9 to the City of Anaheim shall terminate and be of no force nor effect in any eYent not later than january 1, 1966. 7. The provisions of said agreement by which Anaheim sells to Orange capacity rights in the aforementioned and des- cribed 16-inch water transmission line shall continue in full force and effect until terminated by mutu. al consent of the Cities of Orange and Anaheim. -2- 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 21st day of January, 1961~. flOOR"OF THE CI~ OF ANAHEI~ .... A~T~ ST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE N. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a r¢flular meetin9 provided by law of the City Council of the City of Anaheim, held on the 215t day of January, 196l,~, by the followin9 vote: AYES: COUNCILMEN: Dutton, Chandler, Sehutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURThZR CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 21st day of January, 196~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of january, 1 ( SEAL ) -3-