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1962-0410WHEREAS, the City of Anaheim has commenced an action in eminent domain to condemn certain electrical facilities of the Southern California Edison Company, now used by Southern California Edison Company in furnishing electric energy to the public served by said Edison Company as a public utility corporation, said action being entitled City of Anaheim, a municipal corporation, Plaintiff, vs. Southern California Edison Company, a corporation, et al., Defendants, Case No. 103092, Superior Court of the State of California, in and for the County of Orange; and WHEREAS, the reproduction cost new, less depreciation, of the tangible personal property being condemned in said action, exclusive of severance damages, is the sum of $212,333.36; and WHEREAS, although neither the City of Anaheim nor Southern California Edison Company believes the imposition of a sales tax in connection with said eminent domain action is either legal or proper, in similar acquisitions the State of California has demanded that a tax be paid; and WHEREAS, the said Southern California Edison Company has this day submitted to the City Council a proposed agreement providing that the City of Anaheim will reimburse Southern California Edison Company the amount of any such sales tax, together with any and all penalties and interest which may be collected by the State of California, and it appearing to the City Council that the ultimate obligation for any such sales tax (the legality of which both parties to said agreement deny) would be the responsibility of the City of Anaheim, and it appearing that said agreement is fair and reasonable on its face and would be beneficial to the City of Anaheim and should be approved and its execution authorized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the proposed agreement this day submitted to the City Council of the City of Anaheim relating to the payment of a possible California Sales Tax assessment in connection with the eminent domain action to which reference is made herein, be and the same is hereby, approved and 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. AND BE IT FURTHER RESOLVED that the copy of said agreement this day submitted to the City Council be filed in the Office of the City Clerk and that said agreement is incor- porated herein by reference and made a part hereof the same as though set forth in full herein. RESOLUTION NO. 62R -410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF ANAHEIM AND SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, RELATING TO PAYMENT OF POSSIBLE CALIFORNIA SALES TAX ASSESSMENT, AND AUTHORIZING THE EXECUTION THEREOF. Finance Dir THE FOREGOING RESOLUTION is approved and signed by me this 1st day of May, 1962. ATTEST: 1" :seam IT 0 l t i r YOR OF TH CI OF ANAHEIM STATE OF CALIFORNIA ODUNTY 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 1st day of May, 1962, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 1st day of May, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of May, 1962. (SEAL) AYES: COUNCILMEN: Chandler, Krein, Schutte and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. CLEna OF TH CITY OF ANA E1M--