HomeMy WebLinkAbout2294 - Sale of Excess WaterW_ %�
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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 R. C. A. COMMUNICATIONS, INC.
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 1st day of June , 19 41,
by and between the City of Newport Beach, as the party of
the first party and R. C. A. COMMUNICATIONS, INC.
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 2nd day of
gune , 19 41 , by the following v eI-Wit: LYESD*311 , COUNCITIMNN: r- Clime,
nr A On'.
NOES, COUNCIDAEN: 3�_pT
(SEAL) ABSENT, COUNCILMEN: e
A. (SEAL)
n
mayor or the city or
Newport Beach, California.
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C O N T R A C T
THIS CONTRACT, made and entered into this first day of
June, 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
R.C.A. COMMUNICATIONS, INC. of Huntington Beach, California,
hereinafter referred to as the party of the second part:
- - - 1v 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 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 a certain commercial
telegraph business, located northwesterly of the City of Newport
Beach on Bushard Street, and in Section 19, Township 6, South
Range 10 Vlest, S.B.B. & 1:7. That the meter at present serving said
location is a 3/4" Neptune No. 1154762.
NOW. THEREFORE, THIS AGREEMENT FURTHER '-=NESSETH: 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 first part will install a 3/4" meter
on the 141' pipe line in front of the residence of I. Oka on Bushard
Street, with the understanding that permission for the installation
of the said meter will be given by I. Oka, and that the party of
the second part agrees to install all necessary water equipment,
pipe and water connections at its own cost and expense necessary
in the extension of the pipe line from the meter location to the
property of the party of the second part, but under the supervision
of the ',,Water Superintendent of the City of Newport Beach. All
wi
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materials and other equipment used by it to be first approved by
the "'later Superintendent of the City of Newport Beach.
2. The party of the second part agrees to assume all
responsibility and maintenance of the 14" pipe line from the
city Pumping Plant on Bushard Street, except that the party of
the first part will maintain and repair the meter connection.
3. The party of the second part agrees to pay for said
water consumed through meters at the following monthly rate;
For 5/8 inch meters, first 800 feet or less ........... $ 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 �2 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 u.§ 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
For all above 40,000 cu. ft., per 100 cu. ft........... .08
And in addition thereto for each meter in use the sum of
one dollar ($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.
4. It is mutually understood and agreed by and between �
the parties hereto that the water herein mentioned is sold under
Ordinances Nos. 292 and 352 of said 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 terminate this contract j
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 be-
tween the parties hereto that none of the provisions of this
contract will 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 part, shall continue!I
to be furnished, and that the water so agreed to be furnished shall
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be furnished only during such time as the City Council of the City
of Nee.,port Beach may in its judgment believe that the furnishing
of said water will not impair the water supply of the said City
of Newport Beach.
It is further mutually understood and agreed that the
excess crater 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.
ii
It is further mutually 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 the date hereof.
IN WITNESS WHEREOF, the party of the first part has by
resolution of its City Council dated the 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 caused its corporate name to be signed and the
corporate seal to be affixed by its Vice - President and Assistant
Secretary thereunto duly authorized by resolution of its Board of
Directors this day of , 1941.
(SEAL)
(SEAL)
R.C.A. C01, UNICATIONS, INC.,
a Corporation.
z pori
-3-
Assistant Secretary