Loading...
HomeMy WebLinkAboutOceanside, City of; 1954-06-16;Exhibit "A" AGREEMENT SETTING FORTH THE TERMS UNDER WHICH THE CITY OF OCEAI33IDE WILL PERMIT FOR A PERIOD OP ONE YEAR THE CARLSBAD MUNICIPAL WATER DISTRICT TO CONVEY WATER THBDUGH A HIGH PRESSURE PIPELINE OWNED AMD OPERATED BY TIE CITY OF OCBANSUJE TIH8 AGREEMENT me.de end entered, into on the date hereinafter set forth between CITY OF OCEAHSIDE, a municipal corporation, located in Ban Diego County, California, party of the first part, hereinafter referred to as the "City", a»£ CARLSBAD MUNICIPAL WATER .DISTRICT, a municipal corporation, located in the County of Sen %ego, California, hereinafter referred to as the "District"j WITHESSEEHt WHEREAS, Carlsbad Municipal Water District presently enjoys, or anticipates that within the reasonably immediate future it will enjoy, the privilege of ob- taining water in substantial aisounts from San Diego County Water "uthority; and WHEREAS, said District presently does not own or control facilities for the delivery to it of water from any of the transmission lines or impounding facilities of said County Water Authority; and WHEREAS, the construction of transmission lines and other facilities by said District to conduct water from said County Water Authority lines and/or other facilities to the area vitjhin said District will require a period of approximately one yearj and WHEREAS, the needs within t; e area, of said District for \«iter from said County Water Authority are urgent; and WHEREAS, the City, desirous of assisting the District and the residents within the area of the District, is willing to permit the District to transport through a high pressure water main now owned and operated by said City a portion of the water which s aid District may purchase from s aid County Water Authority for the period and upon the terms herein specified; NOW, THEREFORE, in consideration of the mutual promises of the parties herein undertaken and agreed upon and the fulfillment of such promises, the City end the District agree? For the period of one year from end after the date of this Agreement the City will pemdt the District to transport and convey through that certain high pressure water main, owned and operated by s aid. City and commonly known as the Aqueduct Supply Pipeline, for the distance of approximately 6,92 miles beginning - 1 - at a point on said Aqueduct Supply Pipeline known as Stttion Q-JbQ and te*ndnating at a poiat on said pipeline known as Station 36S-/22, the water purchased by said District from said County Water Authority and delivered by said County Hater Au- thority to said District at approximately the point hereinbefore identified as Station O-^bO, any amount of water which said Aqueduct Supply Pipeline can convey in addition to the amount of water which the City is at such time transporting through said pipeline for its own purposes. It is definitely understood that at all times during the term of this contract the District may convey through said high pressure line an amount of water represented by the difference b etween the amount being then transported through said pipeline by said City and the carrying capacity of said pipeline. As part consideration for said privilege of transporting water through said pipeline tfce District agrees and undertakes to pay the City monthly the sum of Five Dollars ($5.00) for each aere foot of water conveyed through said pipeline by the District during the iraaediately preceding month* It is definitely agreed and understood that the delivery of water into said high pressure pipeline by said County Water Authority to the District shall be in the manner, at the locations and with the fittings, meters, pressure valves and other connections as shown on those two certain drawings marked Exhibit "A" and Exhibit "B* and entitled "Inter-System Water Connection Between the City of Ocean- side and the Carlsbad Ifotual Water Company located at Oceanside Reservoir Site on Fire Mountian Drive" and "Inter-System Water Cornection Between the City of Ocean- side and the Carlsbad Jfetual Water Company located at California and Hunsaker Streets", respectively which exhibits are by reference incorporated herein and made a part of this Agreement* It is defini4*1y understood that the District will and the District specifi- cally undertakes and agrees to exercise extraordinary care and diligence and if necessary to install at its own expense safety devices, to prevent pressures in excess of those ordinarily prevailing in the water lines of the City of Ocean side in the South Oeeanside grid area or in any other sections of the Oceanside water transmission system* It is understood and agreed that the cost and expense of the installation of the fittings, meters, pressure halves and other connections shown on said Exhibits "A" and "B" shall be borne by said City and that the cost and expense of installa*. - 2 - tioa of the pipeline between the pressure valves as shown on said Exhibits "A" and WBM shall be borne by said District. It is further agreed that ohlorination of water passing through said Aqueduct Supply line will take place at Station 0-^4X). The cost of chlorination shall be di- vided between the C^ty and the District in fractional parts corresponding to th« fractional parts of the water passing through said pipe line and consumed by each of the respective parties. The City of Oceanside will erect the permanent structure housing the chlorination equipment. The Carlsbad Municipal Water District shall furnish and install the chlorination equipment which shall consist of the following it eras* 1. 3DO pound per 24 hour chlorinator, 2. 1 pump unit 35 gallons per minute against 600 feed head capacity. 3. Platform scales 9000 pound capacity. 4« Two ton chain falls to operate on 12" I beam. At the expiration of this agreement the City shall have the option to purchase the chlorinating equipment* the purchase price to be determined by appriisal. If the City does not choose to purchase the chlorinating equipment it shall be removed by the Carlsbad Municipal Water District within a reasonable time thereafter* Pending the arrival of the chlorinating equipment a temporary program of chlorin- ation shall be pursued as followst A temporary building shall be constructed by the District at the Oeeanside Fire Mountain Beservoir site. Chlorinating equipment shall be erected at this temporary housing site by the District. The District shall bear the entijse cost of temporary chlorinating installation. This temporary chlorinating:'3B^|\)gi»taitb<&iQlfclMfeilBae,. a period not to exceed ninety (90) days. At the expiration of said ninety (90) daya the chlorinating equip- ment shall be removed} temporary housing likewise shall be removed at the expense of the District. During said ninety (90) day period consumers of water from said pipeline located between Station Q-/X) and Fire Mountain Beservoir site shall receive bottled water for domestic and cooking purposes. Such bottled water shall be furn- ished, paid for and delivered to consumers by the District, If, at the end of said ninety ($0) day period permanent equipment is not installed at Station 0-y()0 the City may at its option terminate this agreement. - 3 - Chlorination shall be under the supervision of the City, To become effective this agreement must be approved by the San Diego County Water Authority. In event the District has not completed transmission lines for the conveying of water to it from said County ¥ater Authority facilities at the date of the expiration of this Agreement, viz/, one year from the date hereof, and the City is convinced that the District, through its proper officers and representatives, has exercised diligence coamensurate with the existing necessities of said District for additional water supply, then and in that event and not otherwise the City may upon application of the District extend this Agreement for an additional period of one year but not for any period exceeding one year from the date thereof, Cn behalf of the City this Contract is signed and executed by its Jfayor and its City Cierk pursuant to Resolution of its City Council. Cn behalf of the District this Contract is signed and executed by its Presi- dent and its Secretary pursuant to Resolution of its Board of Directors* Dated at Oceaneide, California this 16th day of June, 1954» CITI OF OCEANSIDE By (J. A, Mayor (John H. Landes) 153 CARLSBAD MUNICIPAL HATER DISTRICT, (Seal of By (Billy C. Fry) City of Oceansidt) President (William W. Rogers) Secretary