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HomeMy WebLinkAboutC-979 - Sale of Water Outside the CityWWII .mec 4L 6/6/63 5/26/65 (5) WATER CONTRACT THIS CONTRACT, made and entered into this 3 il'day of June 196 5 , by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and HUMBLE OIL & REFINING COMPANY, hereinafter referred to as "Purchaser "; WITNESSETH: WHEREAS, City has water in excess of that necessary to supply the inhabitants of City and others to whom the City has an obligation to supply water; and WHEREAS, Section 7241.2 of the Newport Beach Municipal Code provides that the City may sell such excess water outside the City on a month -to -month basis or by contract, reference hereby being made to said section for further particulars and the condi- tions under which this contract is made; and WHEREAS, Purchaser desires to purchase excess water for use outside the City of Newport Beach; NOW, THEREFORE, in consideration of their mutual promises and in consideration of the City's furnishing water, the parties agree as follows: 1. The term of this contract shall be from July 1, 1965, through June 30, 1966 . both dates inclusive. 2. Purchaser agrees to pay a readiness to serve charge and water rates as set out in Sections 7211 and 7211.4, respec- tively, of the Newport Beach Municipal Code as they now exist or may during the term hereof be amended. Payments for the water used are to be made bimonthly at the time and in the manner provided by the Newport Beach Municipal Code and the rules and regulations of the City. 3. The Purchaser will at all times comply with all present rules and regulations of the City pertaining to the fur- nishing of water and such further rules and regulations pertaining thereto as may be prescribed from time to time during the term hereof. _ s 4. The water sold hereunder is sold only as excess water and is sold in accordance with and subject to the provisions of the Newport Beach Municipal Code and particularly Sections 7241.2, 7243, and 7244 thereof, which are hereby incorporated and made a part hereof by reference. The City Council may declare at any time during the term of this contract that the City has not suf- ficient excess water to sell and may thereupon terminate this con- tract by giving ten (10) days' written notice to that effect to Purchaser. 5. None of the provisions of this contract shall mean or be construed to mean that City is required to sell its excess water to Purchaser or otherwise, or that such water once furnished shall continue to be furnished, It is understood and agreed that the water to be furnished hereunder shall be furnished only during such time as the City Council of the City may in its judgment believe that the furnishing will not impair an adequate supply for use within the City. Purchaser hereby waives all claims and agrees to indemnify and hold City harmless from all claims, demands, or actions that may result directly or indirectly from the service of water or from said service being discontinued or interrupted for any reason during the term or at the end of this contract. 6. Special conditim— « none, so state.) The water purchased is for use on the Banning Tract in the County of Orange. IN 1T:ZSS WHEREOF, the City of Newport Beach has by resolution o its City Council on the 2F� day of S w— , 196 5 , authorized and directed its corporate name to be signed and 2. its corporate seal to be affixed by the Mayor and City Clerk, re- spectively, of the City, and Purchaser has executed this contract as of the day and year first above written. CITY OF NEWPORT BEACH By Mayor Attest: ( A City Glerk City 111R. BLE OIL & REFINING COMPANY, By ..'7' ,. It A orne In Fact d Its Purchaser 3. WWC sec 7/5/60 6/29/63 (7) RESOLUTION NOe 6184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT REACH .AUTHORIZING THE EXECUTION OF A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO i um= on i >tt!'num CMlin WHEREAS, there has been presented to the City Council a certain contract between the City and 091= OIL i 11QI1T= Cam! as Purchaser, wherein the City agrees to sell water outside the City t* said Purchaser; and WHEREAS, the City Council has considered the terns and con- ditions of said contract and found them to be fair and equitable; NOW, THEREFORE, RE IT RESOLVED that the water contract between the City of Newport Reach and said i8E11.)< OM i 8VINM CSKFM with a term from J"7 2s Me through Jma 30 a 1966 , both dates inclusive, be approved and the Mayor and City Cleric be and are hereby authorized and directed to execute the same on ?behalf of the City of Newport Reach. ADOPTED this 28th day of Jm , 1965 mss' T115 � ®�Z 1 ayor ATTEST: 2< ity F. eric 0 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. E Date July 9. 1965 Authorized by Resolution No. 61 R4 , adopted on _hina 2R, 1 965 Date Mayor and City Clerk executed Contract .tune 29, 1965 Effective date of Contract Jill 3Z 1 , 196S Contract with Hiles nil & Refining r,+ pnny Address 612 So. Flower Street Brief description of Contract Water contract Amount of Contract City Clerk July 7, 1965 Humble Oil & Refining Company 612 So. Flower Strect Los Angeles 17, California :Attention: Mr. Bill L. Guest Claim, Insurance and Right of Way Division Gentlemen: Attached for your records is an executed copy of the water contract between the City of Newport Beach and your company. The execution of said contract was authorized by the Council of the City of Newport Beach on June 28, 1965 by the adoption of Resolution No. 1941.61FYI Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS: dg Encl. 0 0 CITY OF NEWPORT BEACH City ^lerk DEPARTHENT Date July 2. 1965 NO. TO: City Attorney FROM: City Clerk SUBJECT: Water contracts. In connection with the water contracts which were authorized on June 28, I have noted that the seals have not been affixed by the corporations which are parties to the contracts. Would you consider it unnecessary to pursue the affix of the seals? ✓G §MS: dg (pj ? ^�,/rn Gne DISPOSITION: '� ti ^,T6'. \