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HomeMy WebLinkAboutC-1639 - Sale of Water Outside the CityCITY OF NEWPORT BEACH CALIFORNIA City Han - 3300 W. N¢,vport Blvd. Area Code 714 673 -2110 DATE July L4, 1974 �l TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. iR40s 1841 and 1842 Description of Contract germ dater Outside C Authorized by Resolution No. 8301.8 308, adopted on Jum 24p 1974 Effective date of Contract JWV 1, 1974 Contract with Nicolai 8 Qriat, Ormp Co ty Sanitation D"s ct, Address Amount of Contract see ooatraate Alt F la 19� .-City fterk , u-3c? M q(. UT173 610 Attached are copies of the following its for transmittal to the purchasers: Purchaser Orange County Sanitation District General crude oil oonpany Armstrong Petroleum corporation Laumn Lsgioe city cleric LL:swk anc. July 24, 1974 •• • • r • Authorized by Resolution Number 8302 8303 8304 f 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UTILITIES DIVISIONS July 15, 1974 TO: CITY CLERK FROM: Utilities Superintendent SUBJECT: CONTRACTS FOR SALE OF WATER OUTSIDE CITY LIMITS Attached are the original and two copies each of proposed water contracts with the following purchasers: 1. Orange County Sanitation District 2. Armstrong Petroleum Corporation 3. General Crude Oil Company Following execution in behalf of the City, lease return one copy of each contract to t ' ment for forwarding to the respective Thomas 0. Phillips Utilities Superintendent TOP:JCB:dc .s1o6 JUN 2 4 1974 & • RESOLUTION NO. 830 2 By the CITY COUNCIL CITY APlP!"E iSACHA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO ORANGE COUNTY SANITATION DISTRICT WHEREAS, there has been presented to the City Council a certain contract between the City of Newport Beach and ORANGE COUNTY SANITATION DISTRICT as Purchaser, wherein the City agrees to sell water outside the City to said Purchaser; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1974 , through June 30, 1975 , both dates inclusive, 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. ADOPTED this 24th day of June 1974 Mayor ATTEST: City Clerk s WATER CONTRACT THIS CONTRACT, made and entered into this day of U L Y- , 14 jj,/, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and ORANGE COUNTY SANITATION DISTRICT 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, 1974 , through June 30, 1975 , 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 -1- 0 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.) NONE -2- • 0 IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the City Council on the al el zy, day of 47"a.LE , 9 ?v , authorized and directed its corporate name to be signed and its corporate seal to be affixed.by the Mayor and City Clerk, respectively, of the City, and Purchaser has executed this contract as of the day and year first above written. CITY OF NEWPORT BEACH Mayor ATTEST: ComClerk CITY ORANGE COUWY SANITATION DISTRICT By: Title: PURCHASER -3- JUN 2 4 1974 By +he CITY COUNCIL CITY OF " ll M wo" 0 RESOLUTION NO. 8303 46 S% 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 WHEREAS, there has been presented to the City Council a certain contract between the City of Newport Beach and GENERAL CRUDE OIL COMPANY as Purchaser, wherein the City agrees to sell water outside the City to said Purchaser; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that_the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1974 , through June 30, 1975 , both dates inclusive, 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. ADOPTED this 24th day of June 1974 Mayor ATTEST: City Clerk rte. WATER CONTRACT 0 THIS CONTRACT, made and entered into this .2 9 .,� day of e7 vim_ , lf,71, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and GENERAL CRUDE OIL COMPANY , hereinafter referred to as "Purchaser "; 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, 1974 , through June 30, 1975 , 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 -1- r • 0 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.) NONE -2- IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the City Council on the ;L y *// day of Al-, E , , authorized and directed its corporate name to be signed and its corporate seal to be affixed by the Mayor and City Clerk, respectively, of the City, and Purchaser has executed this contract as of the day and year first above written. CITY OF NEWPORT BEACH By: l�� �1? Mayor ATTEST: Ulty'Gler c , CITY Title: District Manager By: Title: PURCHASER -3- 576 JUN 2 4 1914 RESOLUTION NO. 830 4 By A. CITY COUNCIL CITY OP T BEACH 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 ARMSTRONG PETROLEUM CORPORATION WHEREAS, there has been presented to the City Council a certain contract between the City of Newport Beach and ARMSTRONG PETROLEUM CORPORATION as Purchaser, wherein the City agrees to sell water outside the City to said Purchaser; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair.and equitable; NOW, THEREFORE, BE IT RESOLVED that the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1974 , through June 30, 1975 , both dates inclusive, 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. ADOPTED this 24th day of June f 1974 ATTEST: City Clerk Mayor 0 0 WATER CONTRACT THIS CONTRACT, made and entered into this ,2 n„l day of �tJ_ , /97d , by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and ARMSTRONG PETROLEUM CORPORATION, hereinafter referred to as "Purchaser "; 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, 1974 , through June 30, 1975 , 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 -1- 0 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.) NONE -2- I 0 0 IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the City Council on the 2 ,V r1t day of /q -yq- , authorized and directed its corporate name to be signed and its corporate seal to be affixed by the Mayor and City Clerk, respectively, of the City, and Purchaser has executed this contract as of the day and year first above written. CITY OF NEWPORT BEACH By:A��9 a Y ATTEST: ty C er C ITY By: Title: -3- PURCHASER L M N 7 WATER CONTRACT WTtH NIODLAI B (iii M 0 July 11, 1974 Attached is the executed copy of .e above agreemrst for tttal to Nicolai & Christ. -7his contract was authorized by the City O=mcil on June 240 1974 by the adoption of Resolution No. 8304. Laura Lagios City cleric LL:Swk enc. • WATER CONTRACT • THIS CONTRACT, made and entered into this /OM, day of q!/hY /9�5/, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and NICOLAI & CHRIST, a partnership, 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, 1974 , through June 30, 1975 , 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 -1- 0 0 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.) NONE -2- 0 0 IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the E3IJ ti€ corporate name to be affixed by the Mayor and Purchaser has ex first above written. City Council on the day of -, /577�/, authorized and directed its signed and its corporate seal to be and City Clerk, respectively, of the City, acuted this contract as of the day and year �• -,\l,, CITY OF NEWPORT BEACH I By llL���. �1..�►� (7 Maylor ATTEST: za�'ec/ City Clerk </ CITY NICOLAI & CHRIST By: Title: By: )✓ Title :,,�: -3- PURCHASER 'JUN 2 4 1974 By the CITY COUNCIL CITY, OF M811 MA1r YGACh RESOLUTION NO. 830 y. 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 NICOLAI & CHRIST WHEREAS, there has been presented to the City Council a certain contract between the City of Newport Beach and NICOLAI & CHRIST as Purchaser, wherein the City agrees to sell water outside the City.to said Purchaser; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1974 , through June 30, 1975 , both dates inclusive, 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. ADOPTED this 24th day of June , 1974 Mayor ATTEST: City Clerk