HomeMy WebLinkAboutC-2092 - Sale of water outside CityE
June 25, 1979
Utiities Dept.
Water Contracts
Attached are copies of contracts to serve water outside the C3L_y,
adopted on May 29, 1979 by Resolution Nos. 9557, 9558, 9559 and
9560.
0 0
WATER CONTRACT
S CONTRACT, made and entered into this X2o
day of L�.�i , 19791 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,
1979 through June 30, 1980 , 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.
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.
-2-
6. Special conditions:
(If none, so state.)
IN WITNESS WHEREOF, the City of Newport Beach has
by Resolution of the City Council on the 29th day of
May 1979 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.
ATTEST:
�I
itC y Clerk
APPROVED AS TO FORM:
City Attorrfey
CITY OF NEWPORT BEACH
By_. _
Mayor V
CITY
GENERAL CRUDE OIL COMPANY
By
Title: Area M-mager
Em
Title:
PURCHASER
0
RESOLUTION NO. 9557
0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT TO SERVE
WATER OUTSIDE THE CITY TO GENERAL CRUDE OIL
COMPANY
WHEREAS, there has been presented to the City Council
of the City of Newport Beach 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 reviewed the terms and
conditions of said contract and finds them to be satisfactory
and that it would be in the best interest of the City to authorize
the Mayor and City Clerk to execute said contract,
NOW, THEREFORE, BE IT RESOLVED that the water contract
between the City of Newport Beach and said Purchaser, with a
term from July 1, 1979, through June 30, 1980, both dates inclu-
sive, 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 29th day of May , 1979.
Mayor
ATTEST:
City Clerk
DDO /kb
5/18/79