HomeMy WebLinkAboutC-1386 - Sale of Water Outside the City0
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1386
0
CITY OF NEWPORT BEACH
CALIFORNIA
DATE July 21, 1971
Description of Contract rue Water rt ; e Cy r
Authorized by Resolution No. 7483 , adopted on 7_12_71
Effective date of Contract July 1. 1971
Contract with General Crude oil CoTmmiy
Address P, 0 Pox 3,487
Amount of Contract See contract
city Cle c
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
WATER CONTRACT
THIS CONTRACT, made and entered into this 28th day
of June 1971 by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred
GENERAL CRUDE OIL COMPANY //
to as "City ", and - -� � �oP3s � , 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 14.04.170 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, with
reference hereby made to said Section for further particulars
and the conditions 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,
1971 , through June 30, 1972 , both dates inclusive.
2. Purchaser agrees to pay a readiness to serve charge
and water rates as set out in Sections 14.12.040 and 14.12.090,
respectively, 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
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r
•
rules and regulations of the City.
3. Purchaser will at all times comply with all
present rules and regulations of the City pertaining to the
furnishing of water and such further rules and regulations
pertaining thereto as may be prescribed from time to time
during the term hereof.
4. The water sold hereunder is sold only as excess
water and is sold in accordance with and subject to the pro-
visions of the Newport Beach Municipal Code, and particularly
Sections 14.04.170, 14.04.190, and 14.04.200 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 sufficient excess water to
sell, and may thereupon terminate this contract 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 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 conditions: (If none, so state.)
The water purchased is for use for industrial
purposes on the oil field north of Coast Highway on the Banning
Tract in the County of Orange.
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IN WITNESS WHEREOF, the City of Newport Beach has
by Resolution of the
June
corporate name to be
affixed by the Mayor
and Purchaser has ex
first above written.
City Council on the 28th
-, 1971 , authorized and dire
signed and its corporate seal
and City Clerk, respectively,
ecuted this contract as of the
day of
-ted its
to be
of the City,
day and year
CITY OF NEWPORT BEACH
By:
Mayor
ATTEST:
Ciry Clerk
CITY
GENERAL CRUDE OIL COMPANY /�!�
6. - E. - KABANE- &- 6 OBIS
BY: E i°
Title: District Mgr.
By:
Title:
-3-
PURCHASER
mh
6/15/71
0
RESOLUTION NO. 748 3
E
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO
GENERAL CRUDE OIL COMPANY, AND RESCINDING
RESOLUTION NO. 7469
WHEREAS, by Resolution No. 7469 dated June 28, 1971,
the City Council authorized execution of a contract between the
City of Newport Beach and G. E. Kadane & Sons as purchaser,
wherein the City agrees to sell water outside the City to said
Purchaser, for use for industrial purposes on the oil field
north of Coast Highway on the Banning Tract; and
WHEREAS, it has come to the attention of the City
Council that responsibility for operation of the Banning lease
was transferred from G. E. Kadane & Sons to General Crude Oil
Company, a partner of G. E. Kadane & Sons;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that a contract to sell water to
General Crude Oil Company for the use above described, is
approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
BE IT FURTHER RESOLVED that Resolution No. 7469 is
hereby rescinded.
ADOPTED this 12th day of July, 1971.
Mayor
ATTEST:
City Clerk
DO'N:adw
7/8/71
S7s.