HomeMy WebLinkAbout1989-289
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RESOLUTION NO.
89-289
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN
4 BERNARDINO AUTHORIZING THE EXECUTION OF A HOLD HARMLESS AGREEMENT
WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR THE
5 SPREADING OF IMPORTED WATER AT THE DEVIL CANYON SPREADING GROUNDS.
6 WHEREAS, the City of San Bernardino, by and through it's Board
7 of Water Commissioners, owns and operates several wells in the
8 Devil Canyon area; and
9 WHEREAS, the water table has fallen more than 200', rendering
10 the domestic water wells in the upper portion of the basin nearly
11 useless from a water production standpoint; and
12 WHEREAS, the Board of Water Commissioners, through it's
13 management and operation of it's water system, has maximized it's
14 ability to move water from the Bunker Hill 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, providing the City of San Bernardino and the Board
20 of Water Commissioners enter into a hold harmless agreement for the
21 spreading of said water.
22 NOW THEREFORE BE IT RESOLVED by the Mayor and Common Council,
23 City of San Bernardino, as follows:
24 SECTION 1. The Mayor is hereby authori zed to execute a
25 Hold Harmless Agreement with the San Bernardino Valley Municipal
26 Water District, a copy of which is attached hereto, marked Exhibit
27 "A" and incorporated herein by reference as though fully set forth
28 at 1 ength.
7/21/89
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RESOLUTION AUTHORIZING EXECUTION OF A HOLD HARMLESS AGREEMENT WITH SAN
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
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I HEREBY CERTIFY that the foregoing resolution was duly
3 adopted by the Mayor and Common Counc i 1 of the City of San
4 Bernardi no at an adiourned reqular
meeting thereof, held
5 on the
27th
day of
July
, 19..a2.-, by the
6 fo 11 owi ng vote to wi t:
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AYES:
Council Members
Estrada Flores. Minor Pope-Ludlam.
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11 NAYS:
12 ABSENT:
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Miller
None
Council Members Reillv. Maudsley
,JH/4;1/I7(~~1
SHAUNA CLARK, CITY CLERK
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18 of
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The foregoi ng reso 1 ut ion is hereby approved th is ~ 7eL day
July
, 19~.
22 APPROVED AS TO FORM
23 AND LEGAL CONTENT:
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7/21/89
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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
BERNARDINO 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
Artesian Zone of the San Bernardino Basin and boost the water to
Devil Canyon for spreading. The City Water Department's
distribution system has no transmission facilities that can
physically convey water to the Devil Canyon spreading area for
basin recharge purposes.
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 facilities
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, 1990.
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 October 31, 1989.
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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 harmless
of and from, and defend and indemnify them against all liability,
loss, claims, demands, damage, expense, costs, (including, 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, 1990
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 for the applicable
statutory periods during which claims or causes of action may be
made or brought against the District arising out of the District's
spreading of water pursuant to this Agreement.
Executed at San Bernardino, California.
ATTEST:
CITY OF SAN BERNARDINO
~??dJ~
c1ty Clerk
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'Date: J.d;; cl :j /9 ?,9
BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
~*fiJj xl ~Mv
Date: 91~/-r .2.'1, /1~q
ATT, EST: ~,..,' , J ,
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Secretary
SAN ERNARDIN~~VALLEY
MUN CIPA~T( DISTRI5
presid nt
Date: ~ I tj II gi
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