HomeMy WebLinkAbout1990-113
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RESOLUTION NO. 90-113
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A WATER SPREADING INDEMNITY
AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
FOR THE SPREADING OF IMPORTED WATER AT THE DEVIL CANYON SPREADING
GROUNDS.
WHEREAS, the City of San Bernardino, by and through it's Board
of Water Commissioners, owns and operates several wells in the
Devil Canyon area; and
WHEREAS, the water table has fallen more than 200', rendering
the domestic water wells in the upper portion of the basin nearly
useless from a water production standpoint; and
WHEREAS, the Board of Water Commissioners, through it's
13 management and operatlon of it's water system, has maximized it's
14 abi 1 i ty to move water from the Bunker Hi 11 Pressure Zone to the
15 higher elevations of it's distribution system; and
16 WHEREAS, the Board of Water Commissioners requested San
17 Bernardino Valley Municipal Water District to spread imported
18 water, and their Board of Directors consented to spread water in
19 Devil Canyon in 1990, providing the City of San Bernardino and the
20 Board of Water Commissioners enter into a water spreading lndemnity
21 agreement for the spreading of said water.
22 NOW THEREFORE BE IT RESOLVED by the Mayor and Common Councjl,
23 City of San Bernardino, as follows:
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SECTION 1.
The Mayor is hereby author i zed to execute a
25 Water Spreading Indemnity Agreement with the San Bernardino Valley
26 Municipal Water District, a copy of which is attached hereto,
27 marked Exhibit "A" and incorporated herein by reference as though
28 fully set forth at length.
3/21/90
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ij.ESOLUTION AUTHORIZING EXECUTION OF A WATER SPREADING INDEMNITY, AGREEMENT WITH SA
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
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I HEREBY CERTI FY that the forego'i ng reso 1 ut 1 on was du 1 y
adopted by the Mayor and Common Council
of the Clty of San
Bernardino at a
TFHj1111nr
meeting thereof, held
on the 2nd
day of
April
, 1990, by the following
vote to wit:
8 Counc i 1 Members:
9 ESTRADA
10 REILLY
11 FLORES
12 MAUDSLEY
13 MINOR
14 POPE-LUDLAM
15 MILLER
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18
AYES
NAYS
ABSTAIN
x
x
x
x
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'SHAUNA CLARK, CITY CLERK
19
20 of
The foregoing resolution is hereby approved this ~/~I
day
:a.pr;l
, 1990.
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25 APPROVED AS TO FORM
AND LEGAL CONTENT:
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28 City Attorney
3/21/90
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WATER SPREADING INDEMNITY AGREEMENT
This agreement is entered into by and among the CITY OF SAN
BERNARDINO ("city"), the BOARD OF WATER COMMISSIONERS OF THE CITY
OF SAN BERNARDINO ("City Water Department"), and the SAN BERNAR-
DINO VALLEY MUNICIPAL WATER DISTRICT ("District").
RECITALS
1. The city and the City Water Department have requested
the District to spread imported water in the Devil Canyon Area.
2. The City and the City Water Department have represented
that there is an immediate need for such spreading due to low
well levels in the Devil Canyon area which threaten the continued
operations of the City Water Department's wells.
3. The city and the city Water Department have represented
that there is no physical method to produce water from the Arte-
sian Zone of the San Bernardino Basin and boost the water to
Devil Canyon. The city Water Department's distribution system
has inadequate transmission facilities to physically convey water
to the Devil Canyon area.
4. The City and the City Water Department have represented
that the nature of the San Bernardino water system is such that
further loss of production from the Devil Canyon Wells cannot be
offset by additional production from the Artesian Pressure Zone
and will result in the necessity of imposing water rationing on
the area affected thereby.
5. The City and the City Water Department have represented
that any water spread by the District with its existing facili-
ties will not, in any way, enter or affect the Artesian Pressure
Zone. The Devil Canyon Wells, the Ellena Brothers Well and the
Newmark Wells are capable of extracting water in excess of the
spreading capability. The city Water Department guarantees the
extraction of the total amount spread, or more, from the above-
listed wells before April 30, 1991.
OPERATIVE PROVISIONS
1. The District agrees to spread water in the Devil Canyon
spreading grounds, in an amount to be determined by the District,
which amount shall be greater than 500 acre feet, but which will
not exceed a total of 5,000 acre feet. Such spreading will
terminate by December 31, 1990.
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2. The City and the City Water Department agree to hold the
District and its officers, agents, and employees free and harm-
less of and from, and defend and indemnify them against all
liability, loss, claims, demands, damage, expense, costs, includ-
ing, without limitation, all costs and fees of litigation and its
threat, (e.g. without limitation, attorneys' fees and costs as
well as experts' fees and costs), of every kind or nature arising
out of or in connection with the District's spreading of water
pursuant to this Agreement, except for any liability arising out
of the District's decision to spread or not to spread water for
other agencies, public or private. This is intended to be a
specific indemnity provision and accordingly the City and the
city Water Department shall indemnify the District under this
provision regardless of District's active or passive negligence.
3. This Agreement shall terminate on April 30, 1991 unless
extended by the parties in writing, but the obligation of the
City and the city Water Department to indemnify the District
pursuant to paragraph 2 shall continue in full force and effect
until one year past the final disposition of any demands (whenev-
er made), claims or causes of action made or brought against the
District arising out of the District's spreading of water pursu-
ant to this Agreement.
Executed at San Bernardino, California.
ATTEST:
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City Clerk
ATTEST:
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BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
~m~1~;~
mES~_
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'Secre a
SAN BERN
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resident
Date: March 19, 1990
DINO VALLEY
WATER DISTRICT
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