HomeMy WebLinkAboutC-1803 - Sale of Water Outside the CityCITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1803
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE May 24, 1976
Description of Contract Serve Water Outside City
Authorized by Resolution No. 8736 , adopted on April 12, 1976
Effective date of Contract July 1, 1976 thru June 30, 1977
Contract with Pacific Telephone and Telegraph Co
Address P. 0. Box 524, 525 E Street, Room 1311
San Diego, CA 92112
Amount of Contract usual rates
0
u�
May 24, 1976
Utilities Superintendent, Tom Phillips
Agreement to Serve Water Outside City to
Pacific Telephone and Telegraph Co.
C -1803
Per your instructions, an executed copy of the agreement
between the City and Pacific Telephone is attached.
Please forward to Pacific Telephone.
City Clerk's Office
ewk
enis
WATER CONTRACT
THIS CONTRACT, made and entered into this day
of , � 7(0, by and between the CITY OF
NEWPORT B CH, a municipal corporation, hereinafter referred
TELEGRAPH COMPANY
to as "City ", and THE PACIFIC TELEPHONE AND , 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,
1976 , through June 30, 1977 , 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-
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,)
-2-
None.
IN WITNESS WHEREOF, the City of Newport Beach has
by Resolution of the City Council on the
day of
, 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
Dafe. 7 r /7(-
CITY NEWPOR
By:
Ma or
ATTEST:
CtyCer
C ITY
THE PACIFIC TELEPHONE AND
TELEGRAPH COMPANY
By:
Title: District Engineer
By:,
Title:
59C
PURCHASER
i
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
UTILITIES DIVISIONS
TO: CITY CLERK
FM: Utilities Superintendent
SUBJ: ANNUAL WATER CONTRACT
May 19, 1976
The enclosed contract to serve water outside the City has been
executed in triplicate by the following purchaser:
PACIFIC TELEPHONE AND TELEGRAPH CO.
Said contract was authorized by the City Council, on April, 12,
1976 by the adoption of Resolution No. 8736.
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.
Thomas 0." Phillips" "
Utilities Superintendent
TOP:JCB:dc
Encl.
By
RESOLUTION NO. 8 7 3 6
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
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
WHEREAS, there has been presented to the City Council
a certain contract between the City of Newport Beach and
THE PACIFIC TELEPHONE AND TELEGRAPH 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, 1976, through June 30, 1977, 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
ATTEST:
City Clerk
ADOPTED this 12th day of April , 1976.
Mayor
DDO /bc
4/12/6
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