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HomeMy WebLinkAboutC-1742 - Sale of Water Outside the CityAD q CITY OF NEWPORT BEACH CALIFORNIA City Hal 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE a8wE 14, 1975 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1743 Description of Contract Saia of Watar Outaida city Authorized by Resolution No. 8543 , adopted on July 14,1975 Effective date of Contract die„ ■t 14, 1974 Contract with Nicelai s Christ Address Amount of Contract Rom eoatr A t --City e August 14, 1975 PUBLIC UTILITIES SUPERINTENDENT TOM PHILLIPS CONTRACT FOR SALE OF WATER OUTSIDE CITY Attached is the fully executed copy of the agreement with Nicolai and Christ for transmittal to them. Also attached is a copy for your files. This agreement, C -1743, was authorized by the City Council on July 14, 1975 by the adoption of Resolution No. 8543. Laura Lagios, City Clerk LL:swk One. • 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UTILITIES DIVISIONS August 12, 1975 TO: CITY CLERK FM: Utilities Superintendent SUBJ: ANNUAL WATER CONTRACT The enclosed contract to serve water outside the City has been executed in triplicate by the following purchaser: NICOLAI & CHRIST Said contract was authorized by the City Council, on July 14, 1975 by the adoption of Resolution No. 8543. Following execution by the Mayor and City Clerk on behalf of the City, please return one copy of the contract to this Department for forwarding to the purchaser. Thank you. Th-omas 0. Ph' ip Utilities Superi dent TOP:JCB:dc Encl. WATER CONTRACT THIS CONTRACT, made and entered into this Iq 7-/,/day of AUCHD 5 l , 1975, 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 "; W I T N E S S E T H: WHEREAS, City has water in excess of that necessary I 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, 1975, through June 30, 1976, 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 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. 0 0 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 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: None IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the City Council on the 14th day of July 1 1975, 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 (City) e N Mayor ATTEST: ICOLAI & CHRIST (Purchaser) City Clerk By C- By -2- • RESOLUTION NO. 5 `l ^j • 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; and NOW, THEREFORE, BE IT RESOLVED that the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1975, through June 30, 1976, 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 14th ATTEST: City Clerk day of July , 1975. Mayor DDO /bc 6/30/75 km FROM: 0 0 FINANCE DIRECTOR City Clerk CITY OF NEWPORT BEACH CALIFORNIA DATE August 1, 1975 suBJECT: Contract No. C -1742, 1744 and 1745 Description of Contract For Sale of Water Outside City Authorized by Resolution No. 8542;# 8544 A 8545 adopted on Effective date of Contract 14th of July, 1975 July 14, 1975 Contract with Orange County Sanitation District General ru de U11 GOMPSM[Y Address Armstrong Petroleum Corporation Amount of Contract see contracts City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 -city Clerk , 0 August 1, 1975 PUBLIC UTILITIES SUPERINTENDENT TOM PHILLIPS CONTRACTS FOR SALE 01 WATER OUTSIDE CITY Attached are fully executed copies of the following agreements for transmittal to the purchasers: Authorized by Purchaser Resolution Number Orange County Saniastion District 8542 General Crude Oil Company 8544 Armstrong Petroleum Corporation 8545 Laura Lagios City Clerk LL:swk enc. Additional copies of the contracts are attached for your files. • 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UTILITIES DIVISIONS July 28, 1975 TO: CITY CLERK FM: Utilities Superintendent SUBJ: ANNUAL WATER CONTRACTS The enclosed contracts to serve water outside the City have been executed in triplicate by each of the following purchasers: 1. Armstrong Petroleum Corporation 2. General Crude Oil Company 3. Orange County Sanitation District Said contracts were authorized by the City Council, on July 14, 1975 by the adoption of Resolution Nos. 8542 -5. The contract from Nicolai & Christ will not be received for approximately 2 weeks. Following execution by the Mayor and City Clerk on behalf of the City, please return one copy of each contract to this Department for forwarding to the respective purchasers. Thank you. TOP:JCB:dc Encls. T Phillip Utilities Superintendent T H � +4 +i'Jry s.. 0 0 WATER CONTRACT THIS CONTRACT, made and entered into this ZLZ- /day of lfiVL•F , 1975, 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 "; W I T N E S S E T H: 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, 1975, through June 30, 1976, 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 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. •5 � • • 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 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: None IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the City Council on the 14th day of July 1975, 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 (City) ¢0 r By Mayor ATTEST: GENERAL CRUDE OIL COMPANY (Purchaser) C ty By Clerk District Manager APPROVED AS TO FORM By Date: CITY ATT C BY_, ..................... . -2- RESOLUTION NO. 8544 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY — OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF 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 i agrees to sell water outside the City to said Purchaser; and WHEREAS, the City Council has considred 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, 1975, through June 30, 1976, both dates inclusive, is approved, and the Mayor and City Clerk are hereby i authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 14th day of July 1975. ATTEST: City Clerk DDO /bc 6/30/75 WATER CONTRACT THIS CONTRACT, made and entered into thistc4 T/f day of 1975, 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 "; W I T N E S S E T H: 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, 1975, through June 30, 1976, 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 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 j water and such further rules and regulations pertaining thereto as may be prescribed from time to time during the term hereof. I 0 • 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 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: None IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the City Council on the 14th day of July , 1975, 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 y*r,first above written. CITY OF NEWPORT BEACH (City) C_ ATTEST.:. '_ y APPROVED AS TO FORM By— Date: CITY AT ORI4EY By... .. -2- RESOLUTION NO. H S 4 5 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, 1975, through June 30, 1976, both dates f 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 14th day of July , 1975. ATTEST: City Clerk DDO /bc 6/30/75 J WATER CONTRACT THIS CONTRACT, made and entered into this �A LI r-/-/-day of 4T i-Y' , 1975, 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 "; W I T N E S S E T H: 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, 1975, through June 30, 1976, 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 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 r . may be prescribed from time to time during the term,,,heFeof. 6 ,.;.4 • • 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 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: None IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the City Council on the 14th day of July , 1975, 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. APPROVED AS TO FORM Data: urYa �Y CITY OF NEWPORT BEACH (City) �: Mayor ORANGE C (Purcha er) By —2— SANITATION DISTRICT Finance 0 0 • RESOLUTION NO. 8549 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 i'+ 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 1,1975, through June 30, 1976, 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 14th day of July , 1975. Mayor ATTEST: City Clerk DDO /bc 6/30/75