Res 233RESOLUTION NO. 233
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
AMENDING RESOLUTION NO. 907-77 OF THE
POWAY MUNICIPAL WATER DISTRICT ADOPTED BY
REFERENCE BY THE CITY OF POWAY
JANUARY 27, 1981, AS ORDINANCE NO. 15
Section 1. Findings
Section 2.6 of the Resolution No. 907-77 prohibits the resale of water
within the City of Poway except by special agreement with the City of Poway.
It is in the best interest of the public welfare to define the form of agree-
ment specified therein and specify what constitutes resale of water.
Section 2. Definitions.
(a)
"Special Agreement" is defined as an agreement, in writing, approved
by the City Council of the City of Poway, and as to form by the City
Attorney for the City of Poway.
(b)
"Resale" is defined as the collection of money or any other form of
consideration, for the use of water from the user of that water de-
livered through a water meter installed or approved for installation
by the City of Poway, or its predecessor in interest, in an amount
that exceeds the unit cost charged by the City of Poway for the water
delivered through that meter. "Resale" shall also include the cost
charged the user of water, through the herein approved meter for the
capital improvements installed to deliver water to the user from the
approved meter unless those capital improvements, such as water line,
meters, valves, etc., become the property of the user with the user
entitled to and recovering all tax credits and depreciation allowed
therefor.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 27th day of April, 1982.
ATTEST:
Marjor/ie\,K. Wahlsten, City Clerk
Mary L.JShepa~dson, Mayor