HomeMy WebLinkAbout5189 - Construction of Service Connection0
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3/14/ (12)
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RESOLUTION NO. 1/8
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH REQUESTING THE CONSTRUCTION.OF A-
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CERTAIN SERVICE CONNECTION UPON THE ORANGE COUNTY
FEEDER EXTE14SION Or THE METROPOLITAN WATER DISTRIC ^1
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OF SOUTHERN CALIFORNIA BY WHICH.14ATER MAY BE SUPPLIED
BY THE METROPOLITAN WATER DISTRICT.TO COASTAL MUNI- .
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CIPAL WATER DISTRICT FOR_USE.WITHIN THE CITY AND THE
NEWPORT. BEACH AREA OF COASTAL, DIRECTING THAT THE
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SUM OF $30.1000 BE DEPOSITED_WITH COASTAL MUNICIPAL
WATER DISTRICT TO PAY THE COST OF CONSTRUCTION OF.
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SAID SERVICE CONNECTION, AND AGREEING TO PAY ANY_
ADDITIONAL COST OF CONSTRUCTION OF SAID CONNECTION
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9 1 WHEREAS, the City of Newport Beach, hereinafter referred
1011 to as "Newport ", has heretofore requested the Board of Directors of
11 Coastal Municipal Water District, hereinafter referred to as
12 "CoastalPB, to have a service connection constructed upon the Orange
13 County feeder extension of the Metropolitan Water District of
14 Southern California, hereinafter referred.to as 944etropolitan ",
15 for delivery of water by Metropolitan to Coastal for use within
161 Newport and for use within the Newport area of Coastal; and
17 WHEREAS, Coastal has made application for the constructi
18 and installation of'such facilities as may be required for such
19 service connection; and
20 WHEREAS, the Board of Directors of Metropolitan, after
21 due consideration of said application of Coastal at a meeting held
22 'Jon February 9, 1960, duly passed and adopted Resolution No. 5646
23 providing for the construction of said service connection at a point
241 at or near the intersection of Palisades Road and Jamboree Road in
25 the manner and subject to the conditions set forth in said resolu-
26 tion of Metropolitan, a copy of which Resolution No. 5646 is attachE
27 hereto, marked Exhibit C°A ", and by this reference made a part hereof
28 and
2911 TMRZAS, the Board of Directors of Coastal at a meeting
30I1held on March 10, 1960, duly passed and adopted its Resolution No.
3111513 requesting Metropolitan to construct said service connection
3211upon said Orange County feeder extension of Metropolitan,
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25 ADOPTED this 14th day of March, 1960.
26
Mayor
28 ATTEST:
29
• amity C-leerr c
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31
32
2.
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incorporating in said resolution and making a part thereof said
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Resolution No. 5646 of Hetropolitan, which said Resolution No. 513
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of Coastal is attached hereto, marked Exhibit 'W', and by this
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reference made a part hereof, and said Resolution No. 5645 of
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Metropolitan and said Resolution No. 513 of Coastal and the terms
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and conditions thereof being considered by the City Council of
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Newport at a regular meeting of said City Council held on March 14,
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1960;
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NC93 THEREFORE, BE IT RESOLVED that said Resolution No.
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513 of Coastal, incorporating by way of reference Resolution No.
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5646 of Metropolitan, providing for a service connection to be con -
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structed upon the Orange County feeder extension of Metropolitan
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at or near the intersection of Palisades Road and Jamboree Road
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for delivery of water by Metropolitan to Coastal for use within
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Newport and the Newport area of Coastal, subject to the terms and
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conditions contained therein, be and the same is hereby approved.
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BE IT FURTHER RESOLVED that the Director of Finance be aw
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is hereby authorized and directed to deposit with Coastal the sum
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of $30,000, and is further authorized and directed to file with
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Coastal and with Metropolitan at the time of making the aforesaid
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deposit of $30,000 a certified copy of this resolution and, in the
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event Metropolitan shall undertake such construction of said servica
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connection, Newport thereupon shall become obligated to Coastal in
241
accordance with the provisions of this resolution.
25 ADOPTED this 14th day of March, 1960.
26
Mayor
28 ATTEST:
29
• amity C-leerr c
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RESIOLUTION 5646
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WHEREAS, Coastal Municipal Water District, hereinafter
designated as "Coastal". has considered a request by the City Of
Newport Beach, hereinafter designated as "Newport ", for a service
connection to be constructed upon the Orange County feeder of The .
Metropolitan Water District of Southern California, hereinafter
designated as "Metropolitan ", for delivery of water by ?Metropolitan
to Coastal for use within the Newport area of Coastal; and
WHEREAS, the Secretary of Coastal by letter dated
January 15, 1960, has made request, on behalf oi';.;he Board of-
Directors of Coastal, to Metropolitan for the installation of
such facilities as may be required for such service connection;
and
WHEREAS, it is proper that such service connection be
constructed at the expense of Coastal and without cost to Metro-
politan, upon the terms and conditions and in the manner herein -
after in this resolution, provided:.
HOW, THERUORE, BE IT RESOLVED, that the constructiom,
in the manner hereinafter provided, of the service connection
described in the recitals hereof be, and such construction here-
by is authorized on behalf of Metropolitan, subject to the follow-
ing terms and conditions, to wit..
1. Said service connection shall be located on the
Or County feeder of Metropolitan at such point at or near
the intersection of Palisades Road and Jamboree Road as may be
mutually agreed upon by the Engineer of Coastal and the General
Manager and Chief Engineer of Metropolitan.
2. Said service connection shall be constructed by
Metropolitan in accordance with plans and specifications approved
by the General Mauager and Chief Engineer of Metropolitan and by
the Engineer of Coastal. All equipment and materials required for
constructing said service connection shall be purchased by Metro-
politan in its customary manner, or Metropolitan may utilize therefor
suitable equipment and materials on hand.
3. All costs of procuring equipment and materials for
and constructing said service connection shall be borne by-Coastal
and shall be paid or reimbursed to Metropolitan by Coastal as herein
provided. Said costs shall include the costs of all equipment
and materials so procured or utilized by Metropolitan therefor, the
costs of all applicable labor and taxes, and all other direct costs,
all said costs to be determined in accordance with the meLho3s of
cast accounting customarily employed by Metropolitan, plus the cost
of general administrative services and overhead expense of Metropo-
litan herein stated and agreed to.be an amount equal to fifteen
per centum of the aggregate of sai- direct costs. All costs so to
• be borne by Coastal shah. be audited and certified in accordance
with the customary practice of MMetropolitau.
4. Said service connection shall include the facilities
for diversion of water from Metropolitan's said feeder and for
delivery of such water into: the distribution system of Coastal or
of Newport; said facilities shall consist of a branch pipe connected
EXHIBIT "A" Page 1
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to Metropolitan's feeder pipe line, a shutoff valve a meter
equipped with indicating, recording and - totalizing Instruments,
and a check valve or other.device for preventing backflow from
the distribution system of Coastal or of Newport into Metropolitan's
works,.together with appropriate piping, fittings, and other appur-
tenances,,and, if deemed necessary or desirable by Metropolitan's
General Manager and Chief Engineer, an additional'shuto €f valve to
enable the meter to be isolated for maintenance or repair; said
meter and- valves shall be housed in a ventilated, reinforced con-
crete vault:, or vaults, and said meter instruments shall be enclosed
in a suitable.weatherproof metal cabinet mounted above ground.
Said service connection up to and.ancluding the fitting connecting
with the pipe line through which Coastal will receive water de-
livered through said service connection, and including said meter
instruments and cabinet therefor, shall be and become the property
of Metropolitan and shall be operated, maintained, and controlled
by Metropolitan. On said pipe line through which Coastal will
receive water so delivered there shall be a control valve or control
valves installed and owned by Coastal or Newport, which control
valve or control valves shall be.under.the control of,Coastal and
Newport.
5. The costs of constructing said service connection
shall be estimated by the General Manager and Chief Engineer of
Metropolitan, who shall inform the Engineer of Coastal regarding
the amount of such estimate. A sum of money equal to the amount
of such estimate shall be deposited with Metropolitan by Coastal,
and shall be held and used by Metropolitan as trust funds to de-
fray the costs of constructing said service connection, and until
such sum shall have been so deposited, Metropolitan shall not
undertake.the construction of said service connection.
6. Upon completion of the construction of said service
connection, Metropolitan shall render to Coastal a statement of all
costs incurred by Metropolitan in constructing said service con -
nection;.if such costs .hall exceed the sum of money theretofore
deposited by Coastal with Metropolitan as provided hereinbefore in
Article .5. Coastal promptly shall pa tc Metropolitan the amount
by which such costs shall exceed such deposit; and if such costs
shall be.less than the said sum of money so deposited, any unex-
pended balance of such deposit shall be returned by Metropolitan
to Coastal.
i. Coastal shall. grant, or cause to be granted to
Metropolitan, such permanent easement as may be necessary for the.
construction, reconstruction, operation, maintenance, repair and
removal of said service connection in, over, through, and under a
r,arcel.of land, the location and dinensions of which parcel of land
shall be adequate for said purposes as determined by the'General
;Manager and Chief Engineer of Metropolitan, and which easement shall
be in form satisfactory to the General Counsel of Metropolitan.
• 8. The authorization t
section in the manner and subject
•. forth in this resolution shall not
a. Coastal shall
construct said service connection
and conditions prescribed in this
Coastal to be in form satisfactory
Metropolitan; and
o construct said service con-
,:o the terms and conditions set
become effective until:
have requested Metropolitan to
in the.manner and upon the terms
resolution, said request by
to the General Counsel of
EXHIBrT "A" I Page 2 -
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b. Coastal shall have deposited with Metropolitan
the slum of money estimated to be sufficient to cover the costs of
constructing .said service connection in accordance with the Pro'
visions of this resolution; and
c. Coastal shall have requested Metropolitan,
said request to be in form satisfactory to the General Counsel
of Metropolitan:
(1) That upon completion of said service con -
nection and installation of said control valve or control valves
to be installed by Coastal or Newport and upon request in writing
by the President or Secretary of Coastal for commencement of ser-
vice, water be supplied to Coastal for use within the Newport
area of Coastal in accordance with the provisions of the Metro-
politan hater District Act and the rules and regulations of Metro -
politan governing such service and that, except at times when
Metropolitan shall consider it necessary to interrupt or,curtail
the service of water through said service connection or except
during such time as Metropolitan shall.be requested by Coastal to
suspend such service, said request to be expressed in writing by
the President or Secretary of Coastal, the shutoff valve or valves
under Metropolitan's control shall be opened and kept upen at all
times so that there will be delivered to Coastal, for use within
the Newport area of Coastal, the full quantity of water that will
flan: through the meter whenever the control valve or control
valves under the control of Coastal and Newport are not operated
to restrict or suspend such flow; and
(2) That Metropolitan shall bill Coastal for
all water so delivered through said service connection; and
d. Coastal shall have agreed to pay Metropolitan
for all water delivered in accordance with said request made by
Coastal as.required by the immediately preceding subparagraph "c"
hereof,.at the rate from time to time fixed by the Board of Direc-
tors of Metropolitan, said agreement by Coastal to pay for such water
to be in fora satisfactory to the General Counsel of Metropolitan.
BB IT FURTHER R.ESRLVEA, that the General Manager and
Chief Engineer of Metropolitan be, and he hereby is, authorized
to execute on behalf of Metropolitan any agreement or agreements
necessary or proper to be entered into between Metropolitan and
Coastal in order to provide for the construction of said service
connection in the manner and subject to the terms and conditions
set forth in this resolution; and that the Executive Secretary be,
and he hereby is, directed to attest the signature of said General
Manager and Chief Engineer and to affix the corporate seal of
Metropolitan to such agreement or agreements; provided, that each
such agreement shall be iu form approved by the General Counsel
of Metropolitan.
L HEREBY CERTIFY that the foregoing is a full, true, and
correct copy of a resolution adopted by the Board of Directors of
•. The Metropolitan Water District of Southern California, at its
meeting held February 9, 1960.
s/ A. L. Gram
Executive Secretary
(SEAL) The Metropolitan Water District,
of Southern California
EXHIBIT "All .Page 3 -
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RESOLUT Zom No. 513
RmLUTIOMi of Tax wwo of DliRwTon OF COASTAL
HOICIPAL VAT= DISTRICT REgUESTINo THE MT&1'i-
POLr1AN WATER DISTRICT OF SOUTM EN CALIFORNIA
TO CONSTI[UCT A C'SR`UM URVICE CONNECTION ON THE
OR ME CO1JNTY FEEDER E =: 10N OF SAID THE T+ TRO -.
POLITAN WATER DX&n1CT OF SOUTHERN CALiICWIN By
MEANS OF WHICH SERVICE CONNECTION, WATER MAY BE
SUPPLUD By SAID THE MrliGPOLITAN wATZR DISMICT
Or SGUMM CALIFORNIA TO SAID COASTAL MUNICIPAL
WATER DISTRICT r0A USE'WI'MIN THE CITY OF NffiMA
$PACK ARE K.
BE IT RESOLVED, by the Hid of Directors of Coastal
Municipal stater District, that The Metropolitan eater District of
Southern California, hereinafter dasignatied as "Matrc litan"o
be, and it hereby is, requested to construct a service connection
upon the orange County feeder extension of Metropolis by mans
of which sexitice connection water may be supplied by Metropolitan
to Coastal Municipal' Water District, hereinafter designated as
"Coastal"s for use within the City of NeWort !Beach area to Coastal.,
hereinafter designated as "NiOW -ort ", and that said service con-
nection be so .constructed by "at r1 olitan at the +esapease of Coastal
in the following manner, to wits
1. That said service connection shall be located on the
Orange county feeder extension of Metropolitan at such point at or
near the intersection of Palisades Road and Jamboree Road as may be
mutually agreed upon by the Engineer of Coastal and the General
Manager and Chief Engineer of Metropolitan in Orange County, Cali-
fornia.
i, That said service conneotiou shall, be constructed by
Metropolitan in accordance with plans and specifications approved
by the General Mansgear and Chief Engineer of Metropolitan and by
Arthur J. Stead, Engineer of Coastal, and that all equipment and
materials required for constructing said service connection shall
be purchased by Metropolitan in its customary manner, or Metropolitan
EXHIBIT "B"
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may utilise therefor, suitable equipment and material on hand.
3. That said service comettion shall be constructed on
all of the terms and conditions as are sot forth in Resolution
No. 5646 of Metropolitan, a copy of which is attached hereto,
marked Exhibit "A" and by reference, made a part hereof.
40 ''That all costs of constructing said service connection„
including the purchase of such equipment and materials, and in-
cluding general engineering and administrative services furnished
by Metropolitan, the costs thereof to be determined in accordance
with the methods of cost accounting customarily employed by Metro-
politan, shall bo born by Coastal, and shall be ps,id or reimbursed
to Yistropolitan out of the trust funds to be deposited with Metro-
politan by Coastal, as hereinafter provided in this resolution.
5; That all costs so to be.paid or reimbursed to Metropolitan,.
out of said trust funds, shall, be ascertained, audited, certified
and paid in accordance with the customary practice of Metropolitan.
6. Said service connection shall include the facilities
for diversion of water from Hatropolitan's said feeder and for
delivery of such water into the distribution system of Coastal or
of Newport; said facilities- shall consixt.: of a branch pipe connected
to metropolitan's feeder pipeline, a shutoff valve, a meter equipped
with indicating, recording, and totalizing instruments, and a check
valve or other device far preventing backflow from the distribution
system of Coastal or of Newport into Metropolitan's works, together
with appropriate piping, fittings, and other appurtenances, and,
if deemed necessary or desirable by Metropolitan's General Manager
r` and Chief Engineer, an additional shutoff valve to enable the water
to be isolated for maintenance or repair; said meter and valves shall
be housed In a ventilated, reinforced concrete vault, or vaults,
and said meter instruments shall be enclosed in a suitable weather -
proof metal cabinet mounted above ground. Said service connection
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up to and. including the fitting contecting with ,ties pipelins through
which coastal will receive 'der delivered through said service
connection, and including said meter instruments sa4 cableet there: -
for, shall be and bed the property of Metropolitan and shall be.
operated, maintained and controlled by Metropolitan. on said pipe-
line through which Coastal will receive water so delivered ttore.
shall be a control valve or contro.I valves installed and wed by
Coastal. or Newport, which control, valve or control valves shall be
under the control of coastal, and NaVort.
7. That the estimated costs of ocinstructing said service
connection amount to the sum of $3U,000.00, which sum shall be
deposited, with Coastal by Newport and in tarn, with metropolitan
as.trust funds to defray the costs -of constructing said service
connection and until such suss shall have been so deposited. Metro
politan'shall not undertake the construction of said service
connection.
S. That upon completion of the construction of said service_
connection, metrqMlitan shall render to Coastal a statement of
all casts incurred by.iotropolitan in constructing said service
connection;. that if. such ' costs shall exceed the no of .$300000.00
theretofore deposited by Coastal with Hatropolitan, import promptly
shall pay to Coastal and Coastal promptly shall pay to Notropolitan
the amount by which such:costo shall exceed such cdoposit and that
if such costs shall be less than the said sum of $300000.00 so
deposited, any une- Vandod balance of such deposit. shall be returned
by Metropolitan to Coastal and in tins, returned by Coastal to
wpovt.
9. 7n the evens: this aforesaid service connection is not
constructed by Metropolitan,, Metropolitan is to return to coastal
the X300000.00 deposited -herewith, less costs, if any, incurred
by Metropolitan and Coastal shall return the sum so received under
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up to and. including the fitting contecting with ,ties pipelins through
which coastal will receive 'der delivered through said service
connection, and including said meter instruments sa4 cableet there: -
for, shall be and bed the property of Metropolitan and shall be.
operated, maintained and controlled by Metropolitan. on said pipe-
line through which Coastal will receive water so delivered ttore.
shall be a control valve or contro.I valves installed and wed by
Coastal. or Newport, which control, valve or control valves shall be
under the control of coastal, and NaVort.
7. That the estimated costs of ocinstructing said service
connection amount to the sum of $3U,000.00, which sum shall be
deposited, with Coastal by Newport and in tarn, with metropolitan
as.trust funds to defray the costs -of constructing said service
connection and until such suss shall have been so deposited. Metro
politan'shall not undertake the construction of said service
connection.
S. That upon completion of the construction of said service_
connection, metrqMlitan shall render to Coastal a statement of
all casts incurred by.iotropolitan in constructing said service
connection;. that if. such ' costs shall exceed the no of .$300000.00
theretofore deposited by Coastal with Hatropolitan, import promptly
shall pay to Coastal and Coastal promptly shall pay to Notropolitan
the amount by which such:costo shall exceed such cdoposit and that
if such costs shall be less than the said sum of $300000.00 so
deposited, any une- Vandod balance of such deposit. shall be returned
by Metropolitan to Coastal and in tins, returned by Coastal to
wpovt.
9. 7n the evens: this aforesaid service connection is not
constructed by Metropolitan,, Metropolitan is to return to coastal
the X300000.00 deposited -herewith, less costs, if any, incurred
by Metropolitan and Coastal shall return the sum so received under
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such circumstances to Newport.
ASR Ir YtiR WM RBSOLVED, that the President and Secretarryr,
be, and they hereby arcs aarthorited and directed to deposit with
iiatropolitan the sum of $30t000.00 if and when said sum is re-
ceiv: e4 from Newport to cover tine vatimated costs of constructing
said service eonasetion, the said $ms so to be deposited to be
held by Matropolitan.. aas trust funds fraam which the said costs
shall be paid or reimbursed to.Hatropoliten in accordance with
the foregoing request; and that the said sum of $309000.00 be, and
It hereby is, appropriated for this purpose if and when said sum
Is deposited by ,wart in the treasury of Coastal.
ag IT PWMM, 'RRSOLVC'itb that request be, and it hereby
is, made by Coastal to,mestropolitan than upon completion of said
service connection Colorado River water be supplied to Coastal .
for use within the Newport aares of Coastaal, in accordance with the
provisions of the metropolitan mater District Act and the rules
and regulations of Metropolitan governing such service and Chat,
except at tunes when metropolitan shall consider it necessary to
interrupt or curtail the service of water through said service
connection or "except during such time as Metropolitan shall be
requested by Coastal to suspend such servicea sold request to be
expressed by resolution of the Board of Directors of Coastal, the
shutoff valve under Metropolitans's.control shall be opened and kept
open at all tunas so that thers`aailt be delivered to coastal, for
use within the Newport area of Coastal, the full quantity elf water
that will flow through the meter whenavear the control valve under
the control of coastal and Newport is not operated to restrict or
suspend such flow, that Metropolitan be, and it hereby is, requested
to bill Coastal for all water so delivered through said service
connection; and that Coastal hereby agrees to pay Yistropolitaan
for all water so dealivered.
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thereupon shall become and be obligated, to. Metropolitan in accor-
dance with the Provisions of this resolutiozi.
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A�VAL < ��Fn retaary
STATE OF CAUFORNTA
SS
COUNTY OF QRAl6G�t
S, E. H. BEAVER., Secretary of Coastal Municipal Mater
Districts Da HUEBY CERTIFY that the foregoing is a full, true
and correct copy of Resolution Pao. 533 , of Coastal Municipal
Vater District; that said rasolution was passed and adopted by
the Board. of Directors of Coastal Municipal Water District at a
regular meeting of said Board of Directors hold on the loth day
of March, 1960, by the following- Z7011 call, vote, to wit.-
ALYES; DIRECTORS WIIGHT, H0I1ISTER, PATTERSON, OTTVKNNTBIISH HAIT)
fiVTO.
NOES: DIRECTORS, NOINN.
ABSENT: DIRECTORS, NONE.
IN WITRBSS WIMRWF, I hereunto set my band and affi -A
the official seal of the Coastal Municipal Water District this
10th day of March, 1960.
L
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• � E, , 119aver, ecietary
ro Coastal Municipal hater D strict
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st rr nRTwR REsoLV", that the President and See -
retary be, and
they hereby are to
file with NetrOPolitan,
at the time of
making the sforesaid.deposit
of $30,000100, a Carr-
tifted copy of
this resolution, and in the event tropolit*n shall
undertake such
construction of said service
connections Coastal
thereupon shall become and be obligated, to. Metropolitan in accor-
dance with the Provisions of this resolutiozi.
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A�VAL < ��Fn retaary
STATE OF CAUFORNTA
SS
COUNTY OF QRAl6G�t
S, E. H. BEAVER., Secretary of Coastal Municipal Mater
Districts Da HUEBY CERTIFY that the foregoing is a full, true
and correct copy of Resolution Pao. 533 , of Coastal Municipal
Vater District; that said rasolution was passed and adopted by
the Board. of Directors of Coastal Municipal Water District at a
regular meeting of said Board of Directors hold on the loth day
of March, 1960, by the following- Z7011 call, vote, to wit.-
ALYES; DIRECTORS WIIGHT, H0I1ISTER, PATTERSON, OTTVKNNTBIISH HAIT)
fiVTO.
NOES: DIRECTORS, NOINN.
ABSENT: DIRECTORS, NONE.
IN WITRBSS WIMRWF, I hereunto set my band and affi -A
the official seal of the Coastal Municipal Water District this
10th day of March, 1960.
L
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• � E, , 119aver, ecietary
ro Coastal Municipal hater D strict
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according to the records
of the City of Newport Beach filed and maintained in my office,
the foregoing Resolution No. 5189 was duly and
regularly adopted, passed, and approved by the City Council of
the City of Newport Beach, California, at a regular meeting of
said City Council held at the regular meeting place thereof, on
the 14th day of March 19 60 by the following
vote, to wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN
Dated this
Atkinson, HiQbie, Hart, Lorenz, Somers
None
Kingsley, Stoddard
17th day of
March
1960 ,
City Clerk n tticio Clerko f 'Tie
City Counci , Ci y of Newport Beach,
State of California.