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HomeMy WebLinkAboutReso - CC - 106-1988RESOLUTION NO. 106-88 EXTENDING TIME FOR ACTION BY OTHER WHOLESALE CUSTOMERS TO SUSPEND OPERATION OF SECTION 7.02(b) OF SETTLEMENT AGREEMENT AND MASTER WATER SALES CONTRACT WITH THE CITY AND COUNTY OF SAN FRANCISCO FOR FISCAL YEARS 1987-1988 AND 1988-1989 RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order, and determine as follows: WHEREAS„ the City Council previously adopted a resolution (Resolution No. 77-88) suspending the operation of Section 7.02(b) of the Settlement Agreement and Master Water Sales Contract between the City and the City and County of San Francisco for'FY 1987-88 and FY 1988-89. WHEREAS, the effectiveness of that resolution was conditioned on similar action being taken by the other 25 affected wholesale water customers of San Francisco in San Mateo County, Santa Clara County and Alameda County on or before September 30, 1988. WHEREAS, the other 25 agencies have now all taken similar action, i.e., suspending Section 7.02(b) for FY 1987-88 and/or 1988-89. However, three of such agencies did not take action until after the September 30, 1988 deadline. WHEREAS,notwithstanding the fact that three agencies did not meet the September 30, 1988 deadline, the City Council wishes its previous action to be effective, in light of the fact that all 25 affected agencies have now taken action to S9,spend- Section 7.02(b) for FY 1987-88 and/or FY 1988-89. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Section 3 of Resolution No. 77-88 is amenueuto read as followed: 113. This Resolution shall become effective upon -adoption of resolutions, or the taking of other authoritative action, of like tenor by each of the 25 other wholesale customers affected by Section 7.02(b), on or before December 31, 1988. If each and all of the other 25 wholesale customers have not adopted a resolution, or taken other authoritative action, of like tenor by December 31, 1988, then this resolution shall be of no further force or effect and the provisions of Section 7.02(b) of the Contract shall apply to water used during FY 1987-88 and FY 1988-89 in accordance with their terms." 2. As so amended, Resolution No. 77-88 is readopted, reenacted and ratified. 1�, ayor I, JUDITH A. MALFATTI, City Clerk of the City of Burlin- game, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 21st day of November 1988, and was adopted thereafter by the following vote: AYES: COUNCILMEN: AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE M . _.moi � � A