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