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: '�
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