HomeMy WebLinkAboutCC Reso No 1958-941
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RESOLUTION No. 0/ ill
.
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.
BE IT RESOLVED by the City Council of the City of
Elsinore that its Resolution No. 937 of February lO~ 1958~ is
hereby reaffirmed and incorporated herein~ except insofar as
it may conflict with this Resolution~ and the City Administrator
is hereby authorized and directed to execute on behalf of the
City of Elsinore agreements in substantially the form of Exhibit
A attached hereto~ and upon the same terms and conditions set
forth in Resolution No. 937.
ADOPTED this 10th
e
ATTE~
R. r~~~k of
the City of Elsinore
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 lOth day of March~ 1958~ by the following vote:
AYEs:~jJ~'4'~-~
NOES: 7/~
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R ;. ~. . -GOO . win '.
ABSENT:
(SEAL)
AGREEMENT
AGREEr1EN'r ma.de this day of
, 1958,
between the City of Elsinore, a municipal corporation, herein-
after called the City, and
, hereinafter called the Property
Owner, such terms being used without regard to gender or number.
WITNESSETH:
WHEREAS, the City owns three wells, two of which
have been operated 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 co~aercial uses, and
WHEREAS, a number of cormnepcial establishments, such
as bath houses, hotels, apartments and motels, have utilized
the unique properties 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 meet the needs of the in-
habitants of this City for all purposes, and furthermore, the
mineral water in undiluted form does not meet the standards
of the United States Public Health Service for domestic
drinking purposes, and
VlHEREAS, another supply of potable water is now
available to the City from the Elsinore Valley Municipal Water
District, and
WHEREAS, it is the desire of the parties to make the
mlneral water of the City available to commercial establishments
in the City relying upon the use of this wat'er and contributing
to the general good of all the people of the City, upon terms
1.
hereinafter set forth,
IT IS THEREFORE AGREED between the parties in con-
sideration of their mutual promises, as follows:
1. The Property Owner upon execution of this
agreement shall deposit with the City the sum of $.
to be held in a separate account by the City untii such time
as this agreement becomes effective. If this agreement does
not become effective by March 15, 1958, then the money shall
be promptly refunded to the Property Owner. If this agreement
is made effective, as set forth in paragraph 2 below, then
the deposit shall become the property of the City and shall
be used for the purpose of constructing the mineral water
system hereinafter described.
2. This agreement shall become effective, and the
City shall forthwith proceed with necessary construction,
when a sufficient n~~ber of persons have entered into agree-
,
ments of this kind to make the project economically feasible
and in the general public good, and the City Council has
passed a resolution declaring the agreement effective and
authorizing construction.
3. The estimated completion date for construction
is four months after commencement. Water shall not be
de1ivered to any person signing this agreement untiil the unit
under construction is completed and all users within that area
can be served simultaneously.
4. In consideration of this payment by the Property
Owner, the City shall comn~nce and diligently proceed to
construct a water supply main from its mineral wells and
reservoir to the property located at
in accordance with the plans and specifications on file in the
office of the Elsinore City Clerk, which are hereby adopted and
2.
Inade a part hereof. The pipeline installed by the City shall
run to the property line only, and all connections thereto shall
be made by the Property Ownel' at his own expense J and shall be
subject to approval by the City Building Inspector. The
connection by the Prope~ty Owner shall be made only to hot
water heaters and cold water faucets for bathtubs and showers
on the premises. Construction shall commence at the corner of
Spring and Flint Streets. The City shall also install a water
meter at no additional cost to the Property Owner. All parts
of the water system constructed and installed by the City to
the point of connection by the Property Owner shall remain the
property of the City. Upon completion of the system and
connection thereto by the Property Owner, the City shall
supply undiluted mineral water to the Property Owner at the
address given above, upon terms and conditions and at rates
hereinafter set forth.
5. I).'he rate at which mineral \'later shall be sold and
delivered to all users shall be determined by and under the
control of the City Council of the City of Elsinore, but shall
be based upon the cost of construction and modification to
existing facilities to permit delivery of the mineral water,
the amount necessary for operation, r~intenance, depreciation
and reserves for expansion of the system, and a reasonable
profit.
6. The mineral water shall not be used by the
Property Owner, nor by any other person to whom the water is
made available, for ordinary domestic purposes, but its use
shall be restricted to commercial purposes only.
7. The City agrees to use its best efforts to
produce as much mineral water as reasonably can be produced in
order to serve the customers on this mineral water system.
The City shall keep all parts of the system in good condition
3.
and repair, and shall take all reasonable measures under
accepted engineering practices to increase the mineral water
supply where practicable and necessary in order to meet the
water demand on this system. The City shall permit inspection
of the mineral water system and wells by ahy qualified, licensed
engineer of the Property Owner.
8. Subject to the provisions hereinafter set forth,
thisag~eement shall continue in force for a period of twenty
years, and for so long thereafter as the mineral water can be
produced from the wells of the City in paying quantities.
9. It is the intention of the City to make its
mineral water supply available to the Property Owner, in comnon
with all bther present and future users under similar agreements
so long as the supply i3 adequate and to the extent that the
needs and welfare of all of the inhabitants of the City permit.
The City by this agreement does not allocate or dedicate to the
Property Owner, or any person claiming under him or using the
mineral water through him or by virtue of this agreement, all
or any part of the mineral water supply of the City. It is
understood that the mineral water in diluted form presently
constitutes part of the City's supply, and in the future it
might become necessary to use i.ncreased amounts, or all of
the mineral water supply, to meet the general needs of the
City and its inhabitants if water should not be reasonably
available from the Elsinore Valley Municipal Water District
or other supplemental source.
10. Failure to pay water charges or to abide by any
of the prOVisions of this agreement may result in disconnection
of the mineral water supply.
11. This agreement shall inure to the bene~it o~ and
be binding upon the heirs, administrators, executors, assigns
and successors of the parties hereto. The City shall defend
4.
in accordanoe with the law any taxpayer's suit brought against
it on account of this agreement.
IN WITNESS WHEREOF the parties do execute this
agreement.
PROfER'PY OWNER
CITY OF ELSINORE
R. W. Goodwin, City Administrator