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Home My WebLink AboutReso 1950-1133 e \Aso* MM RESOLUTION NO. 1133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT - WITH THE CALIFORNIA WATER & TELEPHONE COMPANY REGARDING CIVIC CENTER WATER LINE THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: That certain agreement between the City of Chula Vista, a municipal corporation, and the California Water & Telephone Company, dated the 7th day of June, 1950, a copy of which is attached hereto and by this reference incorporated herein, be and the same is hereby approved, and that Z. DWIGHT KIDDER, Mayor of the City of Chula Vista, be and he is hereby author- ized to sign the same for and on behalf of the City of Chula Vista. ADOPTED, SIGNED AND APPROVED this 7th day of June, 1950. j<:44 - 7/ - Mayor- of the Oty of Chula vista, California. ATTES : City C er o --61"e Ci y o Chula Vista, California. Passed and adopted by the said Council of the said City of Chula Vista, California, this 7th day of June, 1950, by the follow- ing vote, to-wit: AYES: COUNCILMEN DeWolfe, Kidder, Riesland, Logan. NOES: COUNCILMEN none. ABSENT: COUNCILMEN none. C ty C er. o t e Ci f o C u a V sta, California. STATE OF CALIFORNIA) • COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, HERBERT V. BRYANT , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above 'and foregoing is a full, true and correct copy of Resolution No. 1113 , and thatthe same has not been amended or repealed. DATED: June 7th, 1950 i:ity rflerk of 'Che -r:ity of t:hula THIS AGREEMENT made and entered into this 7th day of •June , 1950, by and between CALIFORNIA WATER & TELEPHONE COMPANY, hereinafter called "Company", and CITY OF CHULA VISTA, Chula . -• Vista, California, hereinafter called "Owner"; W I T N E S S E T • THAT WHEREAS Owner is the owner of portion of Quarter Section 149 of Rsncho de la Nacion, San Diego County, as marked on Exhibit "A", and desires Company to serve water to said land,• and • WHEREAS, in order for Company to serve said land it must spend considerable sums of money, among other things, for the exten- sion of its pipe lines; and WHEREAS, the Company has no assurance of receiving suffi- cient revenue from said service to pay operating costs, taxes, de- prec. ation and interest on the investment in the pipe lines and other facilities necessary to properly serve said land; and WHEREAS, Owner desires to have Company extend its mains and facilities into said land. • NOT THEREFORE, THIS AGREEMENT WITNESSETH2 That the parties hereto do each mutually, in consideration of the promises • and agreements of the other herein contained, promise and agree as follows, to-wit; 1. The Owner hereby agrees to forthwith, upon ,advice from the Company of the amount thereof, deposit with the Company the costs • • • as estimated by the Company of installing the said facilities, in- • eluding overhead for administration, engineering and accounting. 2. The Company, upon the execution of this agreement and payment of the deposit provided for in paragraph numbered (1) hereof, will order the materials and equipment which it deems necessary for • • • • said installation, and upon receipt of said materials and equip- ment will commence the installation of said facilities and continue the installation with reasonable diligence until said facilities set forth in exhibits "A" and "B" are installed . 3. The Company, within sixty (60) days after completion • of said installation, shall submit to Owner a detailed statement of the coat to the Company of said installation, including overhead, • and if the amount so deposited in accordance with paragraph numbered • (1) hereof exceeds the cost to the Company of said installation, in- ,• cluding overhead, the Company shall refund to Owner the difference between the said cost, including overhead, and the amount deposited . If the said cost of said installation, including overhead, exceeds the amount deposited under paragraph numbered (1) hereof, Owner shall forthwith upon the submitting of said statement pay to the Company the difference between the amount deposited and the said • cost, including overhead . 4 . It is further agreed that said facilities and each and every part thereof, when and as received, constructed or installed • by the Company, shall be the property of the Company free and clear of any claims of Owner or any other person or persons. 5. It is understood that after said facilities are in- stalled and service commenced to said lands, the Company will from time to time, as requested by consumers in conformance with the Rules • and Regulations of the Company then on file with the Public Utilities Commission of the State of California, install the necessary meters required to render service to consumers along the pipe line install- . ed under this agreement. 6 . It is agreed that the Company will refund to Owner the Amount deposited under paragraphs numbered (1) and (3) hereof on the following basis: -2- For a period not exceeding ten (10) year from the date of completion of said installation the Company will refund annually to the Owner a sum equal tO thirty-five percent (35%) of the gross revenues collected from consumer or consumers occupying the property in respect of service to which the deposit has been made, provided however, the total payments thus made by the Company shall • not exceed the amount of the original deposit without interest. 7. It is expressly understood and agreed by and between the parties hereto that nothing herein contained nor act or thing • done by the Company pursuant thereto, or the installation or main- . • tenance of said facilities herein provided for, shall in any wise • obligate the Company to furnish to Owner, or any inhabitant or or person upon said land, water for fire protection purposes or for pur- poses other than domestic, irrigation or industrial uses shall not render the Company liable to Owner or any of the. inhabitants of or • persons upon such lands by reason or anything herein contained or anything done pursuant thereto, it being the express intent hereof that the Company shall install, operate and maintain said facilities •• as a public utility only and that its obligations and respects there- to shall be measured and limited by its general obligations as a pub- lic utility to supply water to said inhabitants of said lands who - will become consumers of the Company for domestic, irrigation and in- dustrial uses only 8 Owner shall forthwith execute and deliver to the Corp- . • ". a�� a good and sufficient deed or deeds for a right of way for the ,...•. . laying of pipe and appurtenances and for,' the maintenance, replace- ment and repair and use of said pipe and appurtenances in, over and across said land, covering the location of pipes as installed in accordance with map attached hereto marked Exhibit "A" . -3- • . 9. It is understood and agreed between the parties hereto that the -service to be rendered by the Company to 'consumers on said land under this agreement and the rates to be charged for water are subject to such rates, rules and regulations as established or author- , : • - • ized, or which may from time to time be established or authorized by the Public Utilities Commission'of the State of California. • This agreement shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may from time to time direct in the ex- ercise of its jurisdiction. . IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed by its proper officers hereunto duly - authorized and its corporate seal to be affixed, and the parties of the second part have hereunto set their hand and seals the day and year first above written. CALIFORNIA WATER & TELEPHONE COMPANY B, nvi 1, ► ice 'residenit • By _45 Asst. SecrVtry • • • f/11.4f-s.4 • • 0.23-- Owner Witness: - - -4- • • • EBIT "B" Estimated 'cost of installing water main and appurtenances •in • portion of Quarter Section 149 of Rancho de la Nacion, San Diego • County, as delineated on Exhibit "A": • 210t of 6" Main. iti Fig Avenue' $545.00 • • I'I-TJ•JL iN �U G 45`••�5 a 1 r 7859 O 1\1126452 —N HP N° 6814 C) N-° 7860 N° 7861 0 — '}y.R 5Q65 O �' CA Ne 7502 of 2 2 N° 5437 � CO o Ns 7862' _ u cON°8802 _ - CO N2 7865 0 N-7927 — — .d. V �, Ne 7864 - 0 n N' 7357 N° 6768• _—� ti N° 7845 t0 f — N°7926 N°7X74 N 27146 N°7867 . N° 579 — 1 4 N2 7925 'd Ns 6557 N1 6104 _ o� o ►- 4 f - 2."B.O.W.0.1814 .� j.6 Eiev7l.l 4' �H. w.o.�l4 z•ao.�r.o.iei4 Elev67.8 t . / .. i _ _ ( IT J y I I,,', 1 > 3 I I i ,. • 1 I i ` I . t I I I I 1 — t " l I N I i ; _� G I 1 I (Si N i '_ N I rt : v `I N N N ! 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