HomeMy WebLinkAbout1477 - Sale of Excess WaterT:
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RESOLUTION NO. 1477
WHEREAS, pursuant to instructions, the City Attorney
of the City of Newport Beach haE�prepared a contract in which
the City of Newport Beach agrees to sell certain excess water
of said city to TOWNSEND LAND COMPANY 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 sixteenth day of January,
1939, by and between the City of Newport Beach, as the party
of the first part, and TOWNSEND LAND COMPANY 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 tot the foregoing resolution was duly
and regularly passed by the City Council of the City of Newport
Beach at a regular adjourned meeting thereof held on the 16th
day of January, 1939, by the following vote, to -wit:
AYES, C QM; rnannw � u, '
BROWN Wit[ iAMSOD5
NOES,N dC%MiWEPo: 140[js:
ABSENT B�OVNC��:�E: b9��
(SEAL)
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C O N T R A C T
THIS CONTRACT, made and entered into this sixteenth day
of January, 1939, by and between the City of Newport Beach, a
Municipal Corporation of the sixth class of Orange County, Cal-
ifornia, hereinafter referred to as the party of the first part,
and TOWNSEND LAND COMPANY of Wilmington, California, here-
inafter 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 inhabi-
tants 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 pur-
chase water from the party of the first part for a riding
stable, which said riding stable is located in Lot "D" of the
Banning Tract, approximately 500 feet northerly of the Coast
Highway. That the meter at present serving said location is
a 3/4" Hersey No. 1154741.
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 Superin-
tendent of the City of Newport Breach, 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:
[-/Ira �
r
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M ?
For 5/8 inch meters, first 800 feet or less.........$ 1.30
For 3/4 indh meters, first 800 feet or less......... 1930
For 1 inch meters, first 800 feet or less......... 1.50
Fpor 12 inch meters, first 800 feet or less......... 1980
For 2 inch meters, first 800 feet or less......... 2900
For 3 inch meters, first 800 feet or less......... 3.00
For each additional 100 cu, ft, and up to
10,000 cu. ft., per 100 cu. ft ............. 010
For all over 10,000 cu. feet and up to 40,000
cu@ ft., per 100 cu. feet .................. •09
For all above 40,000 cu. ft., per 100 cu. ft........ 108
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 sdLid City.
3. The party of the second part agrees that the water
furnished by the City will not be used for any other purpose
than for the purpose of conducting a riding stable.
4. Said party of the second part will at all times com-
ply with all rules and regulations of the Water Department of the
City of Newport Beach and such further rules and regulations 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 said City.
It is further mutually understood and agreed by and be-
Itween the parties hereto that the water herein mentioned is sold
r Ordinances Nos. 292 and 352 of the City of Newport Beach
that the City Council may declare at any time during the
tence of this contract that said City of Newport Beach has
sufficient excess water to sell and may thereupon terminate
contract upon giving ten days written notice to that effect
the party of the second,part.
It is further mutually understood and agreed by and be-
the parties hereto that none of the provisions of this con-
shall mean or be construed to mean that the City of Newport
ach shall be required to sell its excess water or that excess
-2-
ow
,„.
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water,
once
furnished
to the party of the
second part,
shall con -
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tinue
to be
furni& ed,
and that the water
so agreed to
be furnish
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ed 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
10 terminated in the manner0hereinbefore specified, at any time
11 by the City Council of the City of Newport Beach,
12 It is further understood and agreed that this contract
13 shall not in any event be in full force and effect for a period
14 longer than one year from date hereof.
15 IN WITNESS WHEREOF, the party of e first part has by
16 'resolution of its City Council dated the day of
17 1939, authorized and directed its corpora to name to be signed
18 and its corporate seal to be affixed by the Mayor and City Clerk
19 of the City of Newport Beach thereunto duly authorized, and the
20 party of the second part has caused its corporate name to be
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signed and the corporate seal to be affixed by its President
and Secretary, thereunto duly authorized by resolution of its
Board of Directors this day of , 1939.
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(SEAL)
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CITY/OF NEWPORT BEACH, a
Mun ipal C36rioration,
TOWNSEND LAND COMPANY, a Corporation,