Loading...
HomeMy WebLinkAbout2213 - Sale of Excess Water• 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: �s 29`" 30 31 32 RESOLUTION N0. 4 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 STANDARD OIL COMPANY OF CALIF 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. NOVI, THEREFORE, BE IT RESOLVED: That that certain contract made and entered into the lstday of April . 19 41 by and between the City of Newport Beach, as the party of the first part, and STANDARD OIL COMPANY OF CALIFORNIA 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 6th day of )�a'b , 19 41 , by the following vote, to -wit: � AYES, COUNCILMEN: 'Wee�. lAu231E rOWI', L IY►. NOES, COUNCILMEN: �o�g / (SEAL) ABSENT, COUNCILMEN: g� n ttest: V City Clerk Newport Beach, California. �4 1 C O N T R A C T 2 THIS CONTRACT, made and entered into this first day of 3 April, 1941, by and between the City of Newport Beach, a Municipal • 4 Corporation of the sixth class of Orange County, California, here - 5 inafter referred to as the party of the first part, and 6 STANDARD OIL COMPANY OF CALIFORNIA, hereinafter referred to as the 7 party of the second part: 8 - - - W I T N E S S E T H - -- 9 That WHEREAS, the party of the first part has declared 10 by ordinance that it has water in excess to supply the inhabitants 11 of the City of Newport Beach, which said ordinances are Nos. 292 12 and 352 of the City of Newport Beach, reference being made thereto 13 for further particulars and the same is by such reference made a 14 part hereof; and 15 WHEREAS, the party of the second part desires to purchase 16 water from the party of the first part for a certain gasoline sta- 17 tion, which said station known as Standard Stations, Inc., is loca- 18 ted northwest of the State Highway Bridge near the Bay Shore Camp, 19 County of Orange, State of California. That the meter at present 20 serving said location is a 3/4" Hersey No. 1158378. 21 NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That 22 the party of the first part does hereby sell to the party of the 23 second part, water upon the following conditions and terms: 24 1. The party of the second part agrees to install all 25 necessary water equipment, pipe and water connections at his own 26 cost and expense, but under the supervision of the Water Super - 27 intendent of the City of Newport Beach, all materials and other 28 equipment used by him to be first approved by the Water Superin- 29 tendent of the City of Newport Beach. 30 2. The party of the second part agrees to pay for said 31 water consumed through meter at the following monthly rate: 32 • • 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 For 5/8 inch meters, first 800 feet or less ...... ..fj� 1.30 For 3/4 inch meters, first 800 feet or less........ 1.30 For 1 inch meters; first 1,000 feet or less...... 1.50 For IF 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 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 10,000 cu.-ft, and up to 40,000 cuo ft., per 100 cu. ft............ 009 For all above 40,000 cuo ft., per 100 cu. ft....... 008 And in addition thereto for each meter in use the sum of one dollar (01.00) 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 re.-ula- 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 -2- E 0 i 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' inn 6 28 29 30 31 32 �R 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 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 WITNESS WHEREOF, the party of the first part has by resolution of its City Council dated the Q51k day of I-""' , 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 dull authorized, and the party of the second part has caused its corporate name to be signed by its Attorney -in -fact thereunto duly authorized by resolution of its Board of Directors this VIX day of 'T 1 , 1941. CITY OF NEWPORT BEA a Municipa Corpor oft By yo ATTES (SEAL) City Clerk STRNDAARRDD OIL COMPANY OF CALIFORNIA By / /// . Attorney -in -fact