HomeMy WebLinkAbout2694 - Sale of Excess WaterC
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RESOLUTION N0. "An9-
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
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.
N041, THEREFORE, BE IT RESOLVED: That that certain
contract made and entered into the 16th day of January , 19 43
by and between the City of Newport Beach, as the party of
the first part, and
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 4th day of
January, , 1943 , by the following vote, to -wit:
AYES, COUNCILPE�e�
_ NOES, COUNCIL;:SEN:p�e ,
(SEAL) - ABSENT, COUNCILIAEN: ri31
A test:
City Clerk
Mayo f the City of
Newpor Beach, California.
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w
C O N T R A C T
THIS CONTRACT, made and entered into this sixteenth day of
January, 1943, by and between the City of Newport Beach, a
Mmicipal Corporation of the sixth class of Orange County, Calif-
ornia, hereinafter referred to as the party of the first part,
and TOWNSEND LAND COLiPAITY, of :7ilmington, California, hereinafter
referred to as the party of the second part:
- -- W I T N E S S E T H- --
That VHEREAS, 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 I?os. 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
IMREAS, the party of the second part desires to purchase
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. 1158277.1
NOI79 THEREFORE, THIS AGREEMENT FURTHER FIITNESSETH: That
the party of the first part does hereby sell to the party of the
second part, water upon the following conditions and terns:
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 Wator Superin-
tendent of the City of Newport Beach, all materials and other
equipment used by him to be first approved by the Dater Superin-
tendent 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 -1'YOo
S
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For 5 8 inch meters, firsy 800 feet or less..**.****.* ... 90.%C; 1.30
For 3 4 inch meters, first 000 feet or less ................. 1.30
For 1 inch meters, first 1,000 feet or less*** ........ ago* 1.50
For 1T inch meters, first 1,300 feet or less ............... 1980
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 100000 cu, fte 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 (1) dollar (01900) per month, all of said payments to be made
monthly and at the time and in the manner provided by City Ordin-
ance and the rules and rogulations of the hater Department of said
City>
3. The party of the second part agrees that the crater
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 comply
with all rules and regulations of the Vlater Department of the City
of Newport Beach and such further rmules and regulations as the
Water Department of the City of Newport Beach may prescribe from
time to time during the tern 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 hater Department of said City.
It is further mutually understood and agreed by and be-
tween 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 terminate this contract
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-
11tween the parties hereto that none of the provisions of this con-
tract shall mean or be constaued to mean that the City of Newport
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Beach shall be required to sell its excess dater or that oxcess
water, once furnished to the party of the second part, shall con-
tinue 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 Nei.:�port 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 dater 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.
IPT WITNESS M EREOF, the party of the first part has by
resolution of its City Council dated the day of ,
1943, authorized and directed its corporate name to bu signed '�nd
its corporate seal to be affixed by the Mayor and City Clerk of
the City of "r.ewport 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 - Present and Secretary,
thereunto duly authorized by resolution of its Board of Directors
this day of
is (SEAL)
y.
�• �- SEALS._ ,_; � ..
1943.
-CITY OF tlEt °PORT BEACH, a
tiunicipal Corporation,
AWEST
City Clerk
TO`.7NSE�IM LAND COiTPANY, a Corporation,
✓V y� r
Vice-Present
Sec ary
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