HomeMy WebLinkAboutCC Reso No 1958-962
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RESOLUTION NO. 9& ") ,
;
i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELSINORE
AUTHORIZING EXECUTION OF AGREEMENTS FOR TANK TRUCK DELIVERY
OF MINERAL WATER.
BE IT RESOLVED by the City Council of the City of
Elsinore that the City Administrator be and he hereby is
authorized to execute on behalf of the City agreements for
the sale and delivery of mineral water by tank truck delivery
in the form attached hereto as Exhibit "A" and made a part
hereof.
BE IT FURTHER RESOLVED that this Resolution and the
terms of said contract shall supercede Resolution No. 955
insofar as they may be in conflict.
J
ADOPTED this ~:;lJday of September, 1958.
~~
R. . 'GOOdwin, City Clerk
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 C~cil of the City of Elsinore at a meeting duly held
on the~~ day of September, 1958 by the fOllOWing vote:
AYES:A:S~~--t!l~~ - ~? -- 8--~-~
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R. W. Gooawifi-"---.
ABSENT:
( SEAL)
TANK TRUCK DELIVERY AGREEMENT
AGREEMENT made this
day of
, 195
between the CITY OF ELSINORE~ a Municipal Corporation, herein-
after called the City, and
hereinafter called the Purchaser.
,
WIT N E SSE T H:
...._----.....~~..........
WHEREAS the City Council of the City of Elsinore by
Resolution No. 955 has authorized the sale and delivery of mineral
water from its wells to users within the City of Elsinore,
subject to the terms and conditions set forth in said
Resolution, and
WHEREAS the State of California Department of Public
Health has authorized in the Domestic Water Supply Permit issued
to the City on August 22, 1958 the delivery of mineral water in
tank trucks for mineral bath purposes,
IT IS THEREFORE AGREED in consideration of the mutual
covenants of the parties as follows:
1. The City agrees to sell and deliver mineral water
from the City wells to the Purchaser at
, Elsinore, California by tank truck deliver~
2. The price of such water initially shall be $1.25
per lobo gallons, subject to changes as may be determined from
time to time by the City Council of the City, but in no event
shall the price be more than the reasonable cost of production
of the water.
Delivery charges shall be in addition to the
aforesaid cost of the water, and shall be determined by the
water department of the City on the basis of the actual cost
of such deliveries.
1.
"
.,--
3. Purchaser shall pay all water and delivery
charges by the tenth day of each month for water purchased and
delivered during the preceding calendar month.
Overdue
accounts shall bear interest at the rate of seven per cent ~7%)
per annum~ and the City shall be under no obligation to make
further deliveries to Purchasers who are delinquent in any such
payments.
4. Purchaser agrees to pay to the City a minimum
charge of $ ~~ per month, which shall be credited
against water purchases.
5. Purchaser agrees that the water Shall not be used
for any purpose other than mineral baths.
6. All water sold shall be in units of at least 750
gallons, and the minimum delivery shall be 750 gallons. All
sales and deliveries shall be subject to the availability of
City equipment and personnel, the availability of mineral water
supply, and the availability of pumping facilities.
The City
shall, however, make all reasonable efforts to deliver such
water promptly upon placement of orders therefor.
Water will
be delivered only into sanitary containers which have been
approved by the City.
7. The sale, delivery and use of this water shall
be subject to the continuing approval of the State of
California Department of Public Health and any other
governmental agency having jurisdiction, and to such terms and
conditions as may be required from time to time by said
Department or agency.
8. The term of this agreement Shall be for three
(3) years and the agreement shall thereafter be automatically
renewed year by year unless cancelled by either party by giving
thirty (30) days written notice to the other party prior to
the expiration of any year.
2.
IN WITNESS WHEREOF this agreement has been
executed by tIle parties.
CITY OF ELSINORE
BY:
PURCHASER:
3.