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HomeMy WebLinkAbout2214 - Sale of Excess Water1 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 RESOLUTION NO.1!1Q4--' WHEREAS, pursuant to instructions, the City Attorney of the City of Newport Beach, California has prepared a contract in which the City of Newport Beach agrees to sell certain excess water of said city to 1. OKA upon the conditions, covenants and restrictions in said contract set forth; and WHEREAS, said contract has been duly presented by the City Attorney to the City Council of the City of Newport Beach, for its acceptance and approval. NOW, THEREFORE, BE IT RESOLVED: That that certain contract made and entered into the 18t day of AHril , 1941, by and between the City of Newport Beach, as the party of the first part, and 1. 0ZA, as the party of the second part, wherein and whereby the City of Newport Beach agrees to sell certain of its excess water upon certain conditions, restrictions and limitations to said party of the second part, be and the same is hereby approved as written. I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Newport Beach at a regular meeting thereof held on the day of 19 41 , by the following v te, to -wit: AYES, COUNCITJ EN: �-nj Q�Q&:fti NOES, COUNCILT,SEN: �"o ne_ (SEAL) ABSENT, COUNCILMIEN: 1 e'ne. — - Newport Beach, California. fi • f 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 C O N T R A C T THIS CONTRACT, made and entered into this first day of April, 1941, by and between the City of Newport Beach, a Municipal Corporation of the sixth class of Orange County, California, hereinafter referred to as the party of the first part, and I. Oka of Huntington Beach, California, hereinafter referred to as the party of the second part: - -- W I T N E S S E T H - - - That WHEREAS, the party of the first part has declared by ordinance that it has water in excess to supply the inhabitants of the City of Newport Beach, which said Ordinances are Ordinances Nos. 292 and 352 of the City of Newport Beach, reference being made thereto for further particulars and the same is by such reference made a part hereof; and WHEREAS, the party of the second part desires to purchase water from the party of the first part for domestic purposes at the ranch house located on Bushard Street, near City Pumping Plant No. 1, in the County of Orange, State of California. That the meter at present on s *id location is a 3/4" Neptune Meter No. 4725440. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That the party of the first part does hereby sell to the party of the second part, water upon the following conditions and terms: 1. The party of the second part agrees to install all necessary water equipment, pipe and water connections at his own cost and expense, but under the supervision of the Water Super- intendent of the City of Newport Beach, all materials and other equipment used by him to be first approved by the Water Super- intendent of the City of Newport Beach. 2. The party of the second part agrees to pay for said water consumed through meter at the following monthly rate: 1 For 5/8 inch meters, first 800 feet or less ........ y 1.30 2 For 3/4 inch meters; first 800 feet or less........ 1.30 3 For 1 inch meters; first 1,000 feet or less...... 1.50 For 1�� —., inch meters; first 1 ;300 feet or less...... 1.80 4 For 2 inch meters; first 1 ;500 feet or less...... 2.00 For 3 inch meters, first 2,500 feet or less...... 3.00 5 For each additional 100-cu. ft. and up to 109000 cu. ft., per 100 cu. ft............ .10 6 For all over 10,000 cu. ft. and up to 409000 cu. ft., per 100 cu. ft............ .09 7 For all above 40,000 cu. ft., per 100 cu. ft....... .08 8 And in addition thereto for each meter in use the 9 sum of one dollar (01.00) per month, all of said payments to be 10 made monthly and at the time and in the manner provided by City 11 Ordinance and the rules and regulations of the Water Department 12 of said City. 13 3. Said party of the second part will at all times 14 comply with all rules and regulations of the Water Department 15 of the City of Newport Beach and such further rules and regula- 16 tions as the Water Department of the City of Newport Beach may 17 prescribe from time to time during the term hereof, and agrees 18 to pay for all water used by him at the time and in the manner 19 prescribed by the rules and regulations of the Water Department 20 of the City of Newport Beach. 21 It is further mutually understood and agreed by 22 and between the parties hereto that the water herein mentioned 23 is sold under Ordinances Nos. 292 and 352 of the City of Newport 24 Beach and that the City Council may declare at any time during 25 the existence of this contract that said City of Newport Beach 26 has not sufficient excess water to sell and may thereupon ter - 27 minate this contract upon giving ten days written notice to 28 that effect to the party of the second part. 29 It is further mutually understood and agreed by 30 and between the parties hereto that none of the provisions of 31 this contract shall mean or be construed to mean that the City 32 of Newport Beach shall be required to sell its excess water or that excess water, once furnished to the party of the second part -2- 0 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 Wj:' 28 `29 30 31 32 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 WITNESSWHEREOF, the party of the first part has by resolution of its City Council dated the 05 day of 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 hereunto set his hand and seal this f�r� day of J , 1941. CITY OF NEWPORT BEACH, a Pdunici al Corporatio B Mayor (SEAL) ATTEST City Clerk -3- Party of the second part