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HomeMy WebLinkAbout2208 - Sale of Excess Water`1 a RESOLUTION NO.^ 2 WHEREAS, pursuant to instructions, the City Attorney of . 3 the City of Newport Beach, California has prepared a contract 4 in which the City of Newport Beach agrees to sell certain 5 excess water of said city to Jo A. BIMIC AVID L• V, BRIGGS 6 upon the conditions, covenants and restrictions in said 7 contract set forth; and 8 WHEREAS, said contract has been duly presented by the 9 City Attorney to the City Council of the City of Newport Beach, 10 for its acceptance and approval. 11 NOV7, THEREFORE, BE IT RESOLVED: That that certain 12 contract made and entered into the 1st day of April 19 41. , 13 by and between the City of Newport Beach, as the party of 14 the first part, and 4T• A. BEIM AIdD L, C°, rRI^GS, 15 as the party of the second part, wherein and whereby the City 16 of Newport Beach agrees to sell certain of its excess water 17 upon certain conditions, restrictions and limitations to said 18 party of the second part, be and the same is hereby approved 19 as written. 20 I hereby certify that the foregoing resolution was duly 21 and regularly passed by the City Council of the City of Newport 22 Beach at a regular meeting thereof held on the day of 23 -ma , 19 41 , by the following vo , trit: e 24 AYES, COUNCILMEN: ¢ ` 25 ( t AN NOES, COUNCID -TEN: pMp_ 27 (SEAL) ABSENT, COUNCILPdEPI: 28 Attest: •- 29: - 'z 30 City Clerk " 31 Mayor of the City of 32 Newport Beach, California. 1 C O N T R A C T 2 3 THIS CONTRACT, made and entered into this first day of 4 April, 1941, by and between the City of Newport Beach, a Munici- 5 pal Corporation of the sixth class of Orange County, California, 6 hereinafter referred to as the party of the first part, and 7 J. A. BEEK AND L. W. BRIGGS of Balboa, California,hereinafter 8 referred to as the party of the second part: 9 - - - W I T N E S S E T H - -- 10 that WHEREAS, the party of the first part has declared 11 by ordinance that it has water in excess to supply the inhabi- 12 tants of the City of Newport Beach, which said ordinances are 13 Nos. 292 and 352 of the City of Newport Beach, reference being 14 made thereto for further particulars and the same is by such 15 reference made a part hereof; and 16 WHEREAS, the party of the second part desires to pur- 17 chase water from the party of the first part for a certain sub- 18 division as shown on map of Tract 802, recorded in Book 24, page 19 7 of Miscellaneous Maps, records of Orange County, California, 20 which they own. That the meter at present serving said location 21 is a 2" Neptune No. 5031259. 22 NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That 23 the party of the first part does hereby sell to the party of the 24 second part, water upon the following conditions and terms: 26 1. The party of the second part agrees to install all 26 necessary water equipment, pipe and water connections at his own 27 cost and expense, but under the supervision of the Water Superin- 28 tendent of the City of Newport Beach, all materials and other 29 equipment used by him to be first approved by the Water Superin- 30 tendent of the City of Newport Beach. 31 2. The party of the second part agrees to pay for said 32 water consumed through meter at the following monthly rate: 0 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 For 5/8 inch meters, first 800 feet or less........, 19 1.30 For 3/4 inch meters; first 800 feet or less........ 1.30 For 1 inch meters. 1,000 feet or less...... 1.50 For 1F inch meters; first 1;300 feet or less...... 1.30 For 2 inch meters; first 1;500 feet or less...... 2.00 For 3 inch meters, first 2,500 feet or less...... 3.00 For each additional 100-cu. ft. and up to 10,000 cu. ft., per 100 cu. ft............ .10 For all over 10,000 cu.-ft. and up to 40,000 cu. ft., per-100 cu. ft............ .09 For all above 40,000 cu. ft., per 100 cu. ft....... .08 And in addition thereto for each meter in use the sum of one dollar ($1.00) per month, all of said payments to be made monthly and at the time and in the manner provided by City Ordinance and the rules and regulations of the Water Department of said City. 3. Said party of the second part will at all timea comply with all rules and regulations of the Water Department of the City of Newport Beach and such further rules and regula- tions as the Water Department of the City of Newport Beach may prescribe from time to time during the term hereof, and agrees to pay for all water used by him at the time and in the manner prescribed by the rules and regulations of the Water Department of the City of Newport Beach. It is further mutually understood and agreed by and between the parties hereto that the water herein mentioned is sold under Ordinances Nos. 292 and 352 of the City of Newport Beach and that the City Council may declare at any time during the existence of this contract that said City of Newport Beach has not sufficient excess water to sell and may thereupon ter- minate this contract upon giving ten days written notice to lc - that effect to the party of the second part. It is further mutually understood and agreed by and between the parties hereto that none of the provisions of this contract shall mean or be construed to mean that the City of Newport Beach shall be required to sell its excess water or that excess water, once furnished to the party of the second -2- • s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 part, shall continue to be furnished, and that the water so agreed to be furnished shall be furnished only during such time as the City Council of the City of Newport Beach may, in its judgment, believe that the furnishing of said water will not impair the water supply of said City. It is further mutually understood and agreed that the excess water sold hereunder is only sold from month to month during the existence of such excess and this contract may be terminated in the manner hereinbefore specified, at any time by the City Council of the City of Newport Beach. It is further understood and agreed that this contract shall not in any event be in full force and effect for a period longer than one year from date hereof. IN WITNESS WHEREOF, the party of the first pabt has by resolution of its City Council dated the � �y da y of -TTI O-Lt , 1941, authorized and directed its corporate name to be signed and its corporate seal to be affixed by the Mayor and City Clerk of the City of Newport Beach thereunto duly authorized, and the party of the second part has this day of I-r%a'Lj , 1941, hereunto set their hands. (SEAL) CITY OF NEWPORT Municipal Corpse' 0