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Home My WebLink AboutCC Reso No 1958-942 1 2 3 4 5 6 7 8 9 10 11 12 13 D: 14 LtJ (!) CD LtJ C\I 15 -3: 0 D:H- X:"ii~ cll::!m 16 I-~i ~ enZ~iL LtJ a: 0( .. lD~~O 17 0( .. . III I- 0 en ll. 18 LtJ lD 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. f!:tg RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELSINORE AUTHORIZING EXECUTION OF AN AMENDED FORM OF AGREEMENT FOR CON- STRUCTION 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 10, 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 "All attached hereto, and upon the same terms and conditions set forth in Resolution No. 937. The purpose of this Resolution is to authorize execution of an agreement in an amended form from the agreement authorized on March 10, 1958. ADOPTED this ~~~day of March, 1958. City 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 ~]tday of March, 1958, by the following vote: AYES: ~j- -_ ~-?U~ - ffic~ NOES: ~~ ,?I~/ (?? A7 -_.C /~;>'-~.- ABSENT: (SEAL) AGREEMENT AGREEMENT made this day of , 19,8, between the City of EIsimore, a Ill.1Jl1\licipal corporatiol'l, here11\ after called. the City, ad , hereinafter olled the Property Owner, such terms being used vuthout regard to gender or numbero WITNESSETH: WHEREAS, the Cit,- awns three wells, two af which have been operated to produce water cOllmlonly" referred to as "mineraltt or "sulphurft water, ad such water has heretefore constituted the sole supply" fer the City for all domestic, Municipal and cemmercial uses, and WHEREAS, a number of cOllmlercial 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 substam.tial1J' to the general welfare and prosperity of th entire City, and WHEREAS" engineers have reported that the operating wells are no longer adequate to meet the needs of the i1i1habi tants 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 WHEREAS, 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 mineral water of the City available to commercial establishments in the City relying upon the use of this water and contributing to the general good of all the people of the City, Up011 terms hereinafter set forth, IT IS THEREFORE AGREED between the parties in consideration of their mutual promises, as follows: /8 rhe Property Ower shall deposit with the City the .... of $ , as his share of the cost of the mineral water system hereinafter referred too This amount shall be held in a separate account by the City until such time as this agreement becomes effective. At least sixty percent (~%) 0f this sum shall be deposited UPOD execution of this agreement, and the balance shall be paid within thirty (30) days thereafter, provided that in no event shall a water meter be installed or water delivered pursu.ant to this agreement until the full amount due hereunder has been paid. If this agreement does not become effective by April 15th, 1956, then all money. deposited heretmder shall be promptly refunded to the Properly Owner. If this agreement is m.cide effective, as set forth in paragraph. 2 below, then all funds deposited shall become the property of the City and shall be used for the purpose of constructing the mineral water system hereinafter described. 2. '!'his agreement shall become effective, and the City shall forthwith proceed with necessar.y construction, when a sufficient number of persons, have entered inte agreements of this kind to make the preject ecomomically feasible and in th.e general public good, and the City Council has passed a resolution declaring the agreement ef~ective and authoriziDg construction. G The estimated completion date for construction of the system is four months after commencement thereof. Water from the mineral water system shall be made available simultaneously to all Property Owners signing agreements of this kind, and thereshall bene preferred treatment of any person ar group af Property Owners on the basis of quantity of water available, or the time of commencement of deli very of water from the proposed system. @ In consideration of this payment by the Property Owner, the City shall commence and diligently proceed to construct a water supply main from its mineral wells and reservoir to serve mineral water te units located at , in accordance with the plans and specifications on file in the office of the Elsinore City Clerk, which are hereby adopted and made a part hereof. The pipeline installed. by the City shall !"IJ.B to the property line only, and all connections theret0 shall be made by the Property Owner at his own expense, and. shall be subject tg approval by the City Building Inspector. The connection by the Property Owner shall be made only to hQt 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 Oi ty shall also install a water meter at na additional cost to the Property Omter. 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 amd connection thereto by the Property Owner, the Oi ty shall su.ppq undiluted mineral water to the Property owner at the address given above, upon terms and conditions and at rates hereinafter set forth. ~ For the first year after water is first delivered threugh this system, the rate at which mineral water shall be sold and delivered to all users shall be as follows: $3.50 for the :f:'irst 1000 cubic feet, or any part thereof, and 35 cents for each 100 cubic feet, or faraction thereof, over 1000 cubic feet. At the end of the year, the mineral water rates shall be adjusted by the City and the rafter set at an amount necessar,y for the operation, maintenance, depreciation and reserve for expansion of the mineral water system, the reeover,y of the cost of construction and modification to existing facilities to permit delivery of the mineral water, and a reasonable return upon. the investment of the City. @ The mineral water shall not be used by the Property Owner, by any other person to whom the water is made aVailable, for drinking nor purposes, or other internal human use or consumption. 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 and repair, and shall take all reasonable measures under accepted engineering practices to increase the mineral water supply where practicable and necessar,y in order to meet the water demand on this system. The City hsall permit inspection of the mineral water system and wells by any qualified, licensed engineer of the Property Owner. 8. Subject to the provisions hereinafter set forth, this agreement shall continu.e in force for a period of twenty years, and for so long there- after as the lmineral water can be produced .from the wells 0.1' the City in paying quantitieso 9. It is the intention of the City to make its mineral water supply available to the Property Owner, in COIlllTlon with all other present and future users under similar a.greements so long as the supply is adequate and to the e:x:tent 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 1WDer 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 undarstood 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 increased 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 Hunicipal Water District or other supplemental source. ICl. Fro.lure to pay water charges or to abide by any of the provisions of this agreement may result in disconnection of the mineral water supplyo G This agreelllBnt shsll inure to the benefit of and be binding upon the hairs, administrators, executors, assigns and successors of the parties hereto. The City shall defend in accordance with the law any taxpayer's suit brought against it on account of this agreement. In the event the City is permanentlj enjoined and restrained by any Court of Competent Jurisdiction from proceeding wi th its obligations pursuant to this agreement, then the money paid hereunder shill be refunded, insofar as it has not been spent om the mineral water system. In such event all unexpended funds still held by the City shall be pr0portionately refunded to all periJons executing agreements of this kind. IN WITNESS WHERE(m' the parties do execute this agreement. PROPERTY OWNER CITY OF ELSINORE R. Wa Goodwin~ Ci ty Administrator STJ.\TE EDDC'TrOl'-:AL 6467 E. LOS AGi:;;NCY POR SURPLUSPROPER'J.'Y ASHINGTON PLVD. / 22, C/H,IFORI,:I;} .1 "( RESOLUTIon yr q If' ~~2 required for property with single item acquisition costs accordance with Section II(D) (2B) (a) and (b) of the Plan This resolution for.m is of $2,500.00 or more in of Operation. BE IT RESOLVED by the behalf of that certain Wareh ate prov~s~ons, trans er , oovenants therein set forth. PASSED AND ADOPTED TIHS /r:-,/lf; by the GO~ the of . ~-- , 195L AYEStf!~- ~-~'~ ~ NOES: ABSENT, ~ STATE OF C~IA . COUNTY OF /t.~~ ) ) ) SS ~ ' Clerk ~f th;eo~~:al~~ do ere y certify tat e orego~ng ~s a u r solution, adopted by the said Board at a meeting thereof held at ~ s of meeting at the time and by the vote above stated, which resoluti in the office of the said Board. I, the ,/ ~ ~,/~ - .C~ // Clerk