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