Loading...
HomeMy WebLinkAbout5189 - Construction of Service Connection0 • • frJG1C •. 3/14/ (12) 1 RESOLUTION NO. 1/8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE CONSTRUCTION.OF A- 3 CERTAIN SERVICE CONNECTION UPON THE ORANGE COUNTY FEEDER EXTE14SION Or THE METROPOLITAN WATER DISTRIC ^1 4 OF SOUTHERN CALIFORNIA BY WHICH.14ATER MAY BE SUPPLIED BY THE METROPOLITAN WATER DISTRICT.TO COASTAL MUNI- . 5 CIPAL WATER DISTRICT FOR_USE.WITHIN THE CITY AND THE NEWPORT. BEACH AREA OF COASTAL, DIRECTING THAT THE 6 SUM OF $30.1000 BE DEPOSITED_WITH COASTAL MUNICIPAL WATER DISTRICT TO PAY THE COST OF CONSTRUCTION OF. 7 SAID SERVICE CONNECTION, AND AGREEING TO PAY ANY_ ADDITIONAL COST OF CONSTRUCTION OF SAID CONNECTION 8 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, ii 25 ADOPTED this 14th day of March, 1960. 26 Mayor 28 ATTEST: 29 • amity C-leerr c 30 31 32 2. 1 incorporating in said resolution and making a part thereof said 2 Resolution No. 5646 of Hetropolitan, which said Resolution No. 513 • 3 of Coastal is attached hereto, marked Exhibit 'W', and by this 4 reference made a part hereof, and said Resolution No. 5645 of 5 Metropolitan and said Resolution No. 513 of Coastal and the terms 6 and conditions thereof being considered by the City Council of 7 Newport at a regular meeting of said City Council held on March 14, 8 1960; 9� NC93 THEREFORE, BE IT RESOLVED that said Resolution No. 10 513 of Coastal, incorporating by way of reference Resolution No. 11 5646 of Metropolitan, providing for a service connection to be con - 12 structed upon the Orange County feeder extension of Metropolitan 13 at or near the intersection of Palisades Road and Jamboree Road 14 for delivery of water by Metropolitan to Coastal for use within 15 Newport and the Newport area of Coastal, subject to the terms and 16 conditions contained therein, be and the same is hereby approved. 17 BE IT FURTHER RESOLVED that the Director of Finance be aw 18 is hereby authorized and directed to deposit with Coastal the sum 19 of $30,000, and is further authorized and directed to file with 20 Coastal and with Metropolitan at the time of making the aforesaid 21 deposit of $30,000 a certified copy of this resolution and, in the 22 event Metropolitan shall undertake such construction of said servica 23 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 30 31 32 2. folk,v.. 0 RESIOLUTION 5646 • 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 T IV F'i .. 0 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 - y � F 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 - • 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" �u3 � 0 11 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 . 2 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 �! 3 - Ems° 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 �! 3 - 0 • - B 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. 4 thereupon shall become and be obligated, to. Metropolitan in accor- dance with the Provisions of this resolutiozi. yet ate; f -gyp. > - ,i n Y mp 0. 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 r r • � E, , 119aver, ecietary ro Coastal Municipal hater D strict �5� 1 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. yet ate; f -gyp. > - ,i n Y mp 0. 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 r r • � E, , 119aver, ecietary ro Coastal Municipal hater D strict �5� 1 E 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.