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HomeMy WebLinkAboutCC Reso No 1958-937 1 2 3 4 5 6 7 8 9 10 11 12 13 a: 14 1lJ ~ (I) 1lJ "'< 15 -~ 02 a:: <,,-0: ~.J )(~ ~ ~J 16 ~ ~ OJi! I- OJ III U iii t1l i z ii: e III 0 < .. Z! 17 ID~~OOJ < I- > ...: ~ i U) 0. 18 1lJ III 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RE SOLUTIO'N No. ,1'" '1';;:'; '/""" .~:_:,!\,,/":' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELSINORE AUTHORIZING EXECUTION OF AGREEMENTS FOR CONSTRUCTION OF A MINERAL WATER SYSTEM AND THE DELIVERY OF SUCH WATER. WHEREAS the City of Elsinore operates two wells which produce water commonly referred to as "mineral" water, and such water has heretofore constituted the sole supply for the City for all domestic, municipal and commercial uses, and WHEREAS the Department of Public Health of the State of California has advised the City that the fluoride content of the water from these wells exceeds the standards set forth in the U.S. Public Health Service Dripking Water Standards, 1946, which have been adopted by the Department, and the Department, therefore, cannot approve this mineral water in undiluted form for a drinking water supply for the City of Elsinore, and WHEREAS the City of Elsinore has applied to the Board of Public Health of the State of California, pursuant to Sections 4010 to 4035 of the Health and Safety Code, for a permit to use such mineral water for domestic water supplied to the people of the City of Elsinore, and such permit has been refused unless the fluoride concentration in such water is reduced to 1.0 parts per million, and WHEREAS the City has conducted an engineering study of the adequacy of tHese wells to ~UPply the City for all purposes, and it has been determined by this study that the operating wells of the City are no longer adequate to meet the needs of the inhabitants for all purposes, and WHEREAS a number of commercial establishments such as bathhouses, hotels, apartments and motels have in the past utilized the unique properties of the mineral water in the development of their businesses, and such establishments 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 a: 14 LrJ Cl CD LrJ ClIo( 15 - ~ oz a:: 0( ~ -II: ll:: oJ )(~ I- 9 OJ ctl 0( _ III ~ 16 VI i w f-~VI u,. (J) ~ z ii: e ~n ~~ 17 " I( t;; 2: I- 0 II: (J) D- 18 LrJ lD 19 20 21 22 23 24 25 26 27 28 29 30 31 32 contribute substantially to the general welfare and prosperity of the entire City of Elsinore, and WHEREAS it is the desire of the City Council of the City of Elsinore to make the mineral water of the City available to commercial establishments in the City relying upon the use of this water, in such way as to contribute to the general good of all the people of the City, BE IT THEREFORE RESOLVED by the City Council of the City of Elsinore as follows: Section 10 The City Administrator be, and he hereby is, authorized and directed to execute on behalf of the City of Elsinore agreements with property owners operating commercial establishments relying upon the use of mineral water, and where the continued use of such water would con- tribute to the general good of the whole City, in substantially the form of agreement set forth in Exhibit "All attached hereto and made a part hereof. Section 2. The amount of money which any property owner entering into such an agreement shall be required to pay shall be determined by the following schedule: (a) The actual cost of furnishing and installing all meters which may be required. (b) For motels, apartments and other similar establishments, $100.00 for each living unit contained therein to which mineral water will be made available pursuant to the terms of the agree- ment, as set forth in Exhibit "All. (c) For bathhouses which are not operated in connection with a hotel or other lodging facilities, $100.00 for each bathtub to which the mineral water 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 (l: 14 llJ Cl CD llJ <'Ie 15 -~ Oz (l:e -0: ):;~ ><~ 0- e Ill" 16 ctl" "'~ >- t-'" u wI ii: ~~ .. 17 0 . e l- t- III 0 Ul a. 18 llJ m 19 20 21 22 23 24 25 26 27 28 29 30 31 32 will be made available pursuant to the terms of the agreement set forth in Exhibit "A". Section 3. All funds deposited pursuant to said agree- ments shall be held in a separate account of the City until such time as it is determined by the City Council that there is enough interest in this project to make it economically feasible and in the general public good. If such determination by Resolution of the City Council has not been made by March 15, 1958, then all such funds received by the City pursuant to these agreements shall be promptly refunded. 7~ ADOPTED this /t? day of February, 1958. e of I, R.W. GOODWIN, the duly elected, qualified and acting City Clerk of the City of Elsinore, California do hereby certify that the foregoing Resolution was duly and regularly passed by the City Council of the City of Elsinore at a meeting duly held on the day of February, 1958 by the following vote: AYES~-Aj-?~ -~ NOES: n~. A13SENT: ~.._-.-, ~ 1:. / 00 w~n (SEAL) 3. AGREEMENT AGREEMENT made this - day of ~ J.958 between the City of Elsinore, a munioipal corporation, i:e:reL:J.p.ft:3-r.' called the C1 ty, and , he1::8inafter called the I3roperty Owner, such terms being u.s ed wI '~hout regard to gender or nmnber. WITNESSEl'H: WHEREAS the City owns three wells, two of which have been oper- ated to produce water commonly referred to as "mineral!! or "sulphur" water, and such water has heretofore constituted the sole supply for the City for all domestic, municipal andcornmercial uses, and WHEREAS a number of commercial establishments such as bath housea"hotels, apartments and motels have utilized the unique prop" erties of this water in the development of their businesses, and such enterprises contribute substantially to the general welfare and prosperity of the entire City, and ~mEREAS engineers have reported that the operating wells are no longer adequate to meat the needs of the inhabitants of this City for all purposes, and furthermore the mineral water in undiluted form does not neet the standards of the United states Public Health Service for domestic drinking purposes, and WHR~EAS another supply of potable water is now available to the Ci ty from the Els inore Valley Municipal Wa ter Dis t;r~(.~~, and VvRERAS it is the desire of the parties to make the mlnernl wo. ter t" . 4.. ,. of the City available to cOIn."l1ercial establishments in the City rely" ing upon the use of this water and contributing to the general good of all the people of the Ci ty, upon terms hereinaft.jr, set forth" IT IS THEREPORE AGREED between the parties in consideration of their mutual promises as follows: Ji. AGREEMENT AGREEMENT made this - __day of , J.958 between the City of Els inore, a munic ipal corporation, L-:e're L::<.f-lft3 ':' called the City ,and .i b8~:8i.nafter called the ~roperty Owner, such terms being used wIthout regard to gender or number. WITNESSETH: WHEREAS the City owns three wells, two of which have been oper- ated to produce water commonly referred to as "mineral!! or "sulphur" water, and such water has heretofore constituted the sole supply for the City for all domestic, municipal and commercial uses, and WHEREAS a number of ornnmercial establishments such as bath houses~hotels, apartments and motels have utilized the unique prop- erties of this water in the development of their businesses, and such enterprises contribute substantially to the general welfare and prosperity of the entire City, and WHEREAS engineers have reported that the operating wells are no longer adequate to meat the needs of the inhabitants of this City for all purposes, and furthermore the mineral water in undiluted form does not meet the standards of the United stntes Public Health Service for domestic drinking purposes, and VffiRBEAS another supply of potable water 1s now availnble to the City from the Elsinore VnlJ.ey lVIunicipal Water District, and VmERAS it is the desire of the parties to make the mtneral W8. ter ~. . ~.. ;.. \.1 of the City available to commercial establishments in the City rely- ing upon the use of this water and contributing to the general good of all the people of the City, upon terms hereinaft6r set forth, IT IS THEREFORE AGREED between the parties in consideration of their mutual promises as follows: Jl..