HomeMy WebLinkAbout2211 - Sale of Excess Waterbb-,4.
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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 HEIM KAISER
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 lst day of April , 1941t
by and between the City of Newport Beach, as the party of
the first part, and 10I1-IZ MAISER,
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 th day of
19 41 by the following vote, to -wilt:
AYE1S, COUNCILS ?EN: e(�e�TC__- \nireT
NOES, COUNCILMEN: 1 \or e
(SEAL) ABSENT, COUNCILPdEN:r
�' Newport Beach, California.
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C O N T R A C T
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THIS CONTRACT, made and entered into this first day of
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April, 1941, by and between the City of Newport Beach, a Municipal
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Corporation of the sixth class of Orange County, California, here -
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inafter referred to as the party of the first part, and
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HEINZ KAISER of Newport Beach, California, hereinafter referred
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to as the party of the second part:
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- - - W I T N E S S E T H - --
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That WHEREAS, the party of the first part has declared
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by ordinance that it has water in excess to supply the inhabitants
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of the City of Newport Beach, which said ordinances are Nos. 292
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and 352 of the City of Newport Beach, reference being made thereto
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for further particulars and the same is by such reference made a
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part hereof; and
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WHEREAS, the party of the second part desires to purchase
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water from the party of the first part for camp purposes, which
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said camp is known as the Bayshore Camp and is located on the
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State Highway near the upper bridge over Newport Bay in the
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County of Orange, State of California. That the meter at present
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serving said location is a 12" Neptune No. 5432160.
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NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That
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the party of the first part does hereby sell to the party of the
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second part, water upon the following conditions and terms:
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1. The party of the second part agree s to install all
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necessary water equipment, pipe and water connections at his own
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cost and expense, but under the supervision of the Water Superin-
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tendent of the City of Newport Beach, all materials and other
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equipment used by him to be first approved by the Water Superinten-
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dent of the City of Newport Beach.
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2. The party of the second part agrees to pay for said
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water consumed through meter at the following monthly rate:
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For 5/8 inch meters, first 800 feet or less........ 'p 1.30
For 3/4 inch meters; first 800 feet or less........ 1.30
For 1 inch meters; first 11000 feet or less...... 1.50
For 1F 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 21500 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
000 cu. ft., per 100 cu. ft....... .08
For all above 40,
And in addition thereto for each meter in use the
sum of one dollar (Is�;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 times
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
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
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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 6f 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 part has by
resolution of its City Council dated the 64 day of 'r-nias.1 ,
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 tewport Beach thereunto duly authorized, and the
party of the second part has hereunto set his hand this $A day
of0��. , 1941.
(SEAL)
CITY OF NEWPORT BEACH
Municipal2Corporati o
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ATTES
y L;.ie
Partyo a second part.