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66-060 - RESOLUTION NO. 66R-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE SALE TO SOUTHERN CALIFORNIA WATER COMPANY OF THAT PORTION OF THE DYKE WATER COMPANY WATER SYSTEM FACILITIES NOW OWNED BY THE CITY LOCA- TED IN THE CITY OF STANTON. WHEREAS, the City of Anaheim has acquired, as a part of its purchase of certain propertie s of Dyke Water Company, the water system facilities now owned by the City in the City of Stanton; and WHEREAS, such water system facilities are not neces- sary for supplying water to the inhabitants of the City of Anaheim; and WHEREAS, Southern California Water Company is capable of an4 proposes to render water service to the customers now served by means of such facilities on terms which are just and reasonable and which do not unreasonably discriminate against such customers; and WHEREAS, the City is willing to sell and Southern California Water Company desires to purchase such facilities; and WHEREAS, a form of agreement has this day been sub- mitted to the City Council to be made and entered into between the parties, providing for the sale and purchase of said faci- lities upon the terms and conditions therein set forth, which agreement the City Council finds would be in the best interests of the City and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement this day submitted to the City Council to be made and entered into between the City and Southern California Water Company, providing for the sale and purchase of said water system facilities upon the following terms and conditions: 1. Southern California Water Company shall pay to the City the sum of $176 381.29 concurrent with delivery to .said Water Company of all deeds and other instruments. of convey- ance necessary to transfer to said Water Company title to the following real and personal property and fixtures, free and clear from all liens, claims, encumbrances and defects of title: (a) That certain real property described in Exhibit A incorporated in said agreement, together with all water system property of any nature situated thereupon or therein; (b) All other water system properties of any description owned by the City and lying within the City limits of the City of Stanton; (c) All water and water rights which are owned or claimed by the City that arise from or are associated with the use, ownership and operation of facilities which are the subject of said Agreement; provided, however, that the City does not warrant or guarantee that it owns any water or water rights; -1- -- . .. . .~....._---- - (d) All books , maps, deeds and other records of any nature related to the facilities which are the subject of said Agreement. 2. The City shall deliver to said Water Company a standard form owner's policy of title insurance showing title to the real property described in said Exhibit A to be insured for $5,000 by Title Insurance and Trust Company, and showing title vested in Southern California Water Company free and clear from all liens, claims, encumbrances or defects. 3. All general and special taxes for the fiscal year 1965-1966 including any special district levies, and personal property taxes, shall be pro-rated to the date of transfer. 4. Each party to said Agreement shall pay all costs incurred by it in the negotiation and preparation of and per- formance of its obligations under the Agreement. 5. Southern California Water Company shall have no liability or responsibility in connection with the collection of accounts owing to the City for water service rendered prior to the date of transfer of the facilities. City shall pay to said Water Company all amounts received by City after the date of transfer for water service rendered after date of transfer. Southern California Water Company shall pay to City all amounts received by said Water Company for water service rendered prior to the date of transfer. 6. The amount which said Water Company shall ~ay to City shall be adjusted by an amount equal .to the net diffe~ence between the cost to City of capital additions to a~d ~etirements from the water system being sold from and after September 1, 1965, to the date on which the facilities are transferred to said W~ter Company. Such amount shall be increased if additions exceed retirements and reduced if retirements exceed additions. " '"7. Said Agreement shall terminate, at the option of either pa~ty, if not performed by June 30, 1966. be, and the same is hereby approved; and that the Mayor and City Clerk be, and they are hereby authorized to execute said Agree- ment for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by 25th day of January, ~ ~ /. \~-i'~ W~~ me this ATTEST: - 'I'. .... - - .~- , _. . . . " ( ~~RK~6~. iiili- ~b~i~blANAii~IM \ , -2- ...-_.... . . . .~-- - - STATE QF.CA~IFORNIA ) . COUNTY OF ORANGE .) s s. CITY OF ANAHEIM ) .-.. . I, DENE.M. WILLIAMS, .City _Glerk of.. the City oj Anaheim, do hereby '.certify that th~. ~oregoing R~.solution No. 66R-60 was introduced and. adopted at a r~gular me~ting p~ovideq by, law, of.the. City Council of the City pf Anahei~, held on t~~ 25th day of, January, 1966, by the followin,g Y9i;e .of i;he members thereoh" t _". AYESI COtnCILMENI NOESl. COUNCI~I ABSTAINEDICOUNCILMENl ABSENT I COUK;ILMENI - Dutton, Schutte, Chandler and Krein None ~eb;L~y .None- AND I FURTHER CERTIFY ,that the Mayor of the C~ty of Anaheim apprQved and s~gned said Re~olution No. 66R~60 on the. 25th day ot.January, 1966. IN WITNESS WHEREOF, I have hereuntp set my h~nd and .affixed the of.ficial seal of the Ci ty .of. An~heim this 25th q'a.y of January, 19.6&.. .. -.. ,\0......... 'It).-~~. ,/I{. .~.>~.E~~~ CITY, CLERK OF THE CITY OF ANAHEIM (SEAL) . " "1 I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, -do hereoy certify that the foregoing is the original ~f' Resolution No. 66R-60'duly passed and 'adopted by the Anaheim City 'Council on January 25, 1966. i ~,. ,-,.. '..... L;~.' /rt. ~...........I . '" _ Ail . .;;: .v,...c;...c;iC." till ..........--....,..... CITY CLERK -