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HomeMy WebLinkAbout2294 - Sale of Excess WaterW_ %� 11 1 2 31 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 j 29 30 31 32 y. RESOLUTION NO.� 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 R. C. A. COMMUNICATIONS, INC. 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 1st day of June , 19 41, by and between the City of Newport Beach, as the party of the first party and R. C. A. COMMUNICATIONS, INC. 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 2nd day of gune , 19 41 , by the following v eI-Wit: LYESD*311 , COUNCITIMNN: r- Clime, nr A On'. NOES, COUNCIDAEN: 3�_pT (SEAL) ABSENT, COUNCILMEN: e A. (SEAL) n mayor or the city or Newport Beach, California. _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 28 29 30 31 32 C O N T R A C T THIS CONTRACT, made and entered into this first day of June, 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 R.C.A. COMMUNICATIONS, INC. of Huntington Beach, California, hereinafter referred to as the party of the second part: - - - 1v 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 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 a certain commercial telegraph business, located northwesterly of the City of Newport Beach on Bushard Street, and in Section 19, Township 6, South Range 10 Vlest, S.B.B. & 1:7. That the meter at present serving said location is a 3/4" Neptune No. 1154762. NOW. THEREFORE, THIS AGREEMENT FURTHER '-=NESSETH: 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 first part will install a 3/4" meter on the 141' pipe line in front of the residence of I. Oka on Bushard Street, with the understanding that permission for the installation of the said meter will be given by I. Oka, and that the party of the second part agrees to install all necessary water equipment, pipe and water connections at its own cost and expense necessary in the extension of the pipe line from the meter location to the property of the party of the second part, but under the supervision of the ',,Water Superintendent of the City of Newport Beach. All wi • 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 r.. materials and other equipment used by it to be first approved by the "'later Superintendent of the City of Newport Beach. 2. The party of the second part agrees to assume all responsibility and maintenance of the 14" pipe line from the city Pumping Plant on Bushard Street, except that the party of the first part will maintain and repair the meter connection. 3. The party of the second part agrees to pay for said water consumed through meters at the following monthly rate; For 5/8 inch meters, first 800 feet or less ........... $ 1.30 For 3/4 inch meters, first 800 feet or less........... 1.30 For 1 inch meters, first 1,000 feet or less......... 1.50 For �2 inch meters, first 1,300 feet or less......... 1.80 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 u.§ 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. 4. It is mutually understood and agreed by and between � the parties hereto that the water herein mentioned is sold under Ordinances Nos. 292 and 352 of said 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 terminate this contract j upon giving ten days written notice to that effect to the party of the second part. It is further mutually understood and agreed by and be- tween the parties hereto that none of the provisions of this contract will 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 part, shall continue!I to be furnished, and that the water so agreed to be furnished shall -2- I 4 J 0 1 2' 3 4 6 61 7 81 9, 10 11 12 13 14 18 16 17 `• 18 19 20 21 22 23 24 26 26 27 28 29 30 31 32 be furnished only during such time as the City Council of the City of Nee.,port Beach may in its judgment believe that the furnishing of said water will not impair the water supply of the said City of Newport Beach. It is further mutually understood and agreed that the excess crater 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. ii It is further mutually 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 the date hereof. IN WITNESS WHEREOF, the party of the first part has by resolution of its City Council dated the 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 caused its corporate name to be signed and the corporate seal to be affixed by its Vice - President and Assistant Secretary thereunto duly authorized by resolution of its Board of Directors this day of , 1941. (SEAL) (SEAL) R.C.A. C01, UNICATIONS, INC., a Corporation. z pori -3- Assistant Secretary