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Home My WebLink AboutC-2094 - Sale of water outside City (see C-2335 for newest agreement)CIPY OF NEWPOBT B %ACH MEMORANDUM: From City Clerk To ...... Joe ... Deylin _September 30 In the process of reviewing our unexecuted contract file I find we need the original contracts on the following: Water Service Outside the City, 7 -1 -80 to 6 -30 -81 C -2194 Mobil Oil Corporation C -2093 William Pereira Associates C -2094 Armstrong.Peroleum Corporation C -2095 Pacific Telephone and Telegraph All were approved by Council on.June 9, 1980. Please advise if these may have been placed in your files. ReOyvMt" Ckx Re0y not necawary p Bernita By...— ....._......_._ —.. N49 CITY OF NEWPORT BEACH CALIFORNIA City ltall 3300 W, Newport BWd. Area Code 714 TO: FTNANCE MRECMR FROM: City Clerk SUBJECT: Contract No. 2094 Description of Contract Authorized by Resolution No. 9795 Effective date of Contract 10 -1 -80 1 • ea- •.t Water Service adopted on 6 -9-80 Contract with Armstrong Petroleum Corporation Address _ Phount of Cmtr at n^^ mntrar+- Le� A _ City Clerk C - C;L xc: utilities (2) r�_ 0 WATER CONTRACT 11 THIS CONTRACT, made and entered into this 1,j-_ day of (D ,/9 , 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, 1980 , through June 30, 1981 , 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- i 0 • 6. Special conditions: (If none, so state.) NONE. IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the City Council on the y dzL day of M , 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: . j L-�' , - — ity Clerk APPROVED AS CITY OF NEWPORT BEACH Mayor CITY m Title: PURCHASER RESOLUTION NO. 9795 f 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 ARMSTRONG PETROLEUM CORPORATION 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 Armstrong Petroleum Corporation, 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, 1980, through June 30, 1981, both dates inclu- sive, is approved, and the Mayor and City Clerk are hereby autho- rized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 9th day of June , 1980. ATTEST: Mayor Pro Ten y Cler kv 6/4/80 0 i TO: CITY COUNCIL FROM: Utilities Department SUBJECT: SALE OF WATER OUTSIDE OF CITY RECOMMENDATIONS: June 9, 1980 CITY COUNCIL AGENDA ITEM NO. H -2 (b,c,d,e) Adopt resolutions authorizing the sale of water outside the City for the 1980 -81 fiscal year to the following customers: C-1 69V 1. Armstrong Petroleum Corp. �7`' P/ C_ i i -VV2. Mobil Oil Corp. CI j7.'3 ` ✓.r.;'ka ^ lil. . .a eq ;C- -; �� c- ,7.o9a'3. Pacific Telephone and Telegraph 'Company ° -72� G-,?o934. William L. Pereira Associates yo y DISCUSSION: Section 14.04.150 of the Municipal Code provides that the City may sell water to consumers outside the City but within the boundaries of either the Coastal Municipal Water District or Orange County Municipal Water District. The water must be sold under contracts which may not continue for longer than one year. Each contract may be cancelled by the City upon 10 days' notice. The rates are the same as for water used inside the City. The consumers listed above have been served by the City's water system for many years. The two oil companies are located in the Banning oil field adjacent to Newport Shores. Both Pacific Telephone and William L. Pereira are located in the City of Irvine at the northeast corner of Mac- Arthur Blvd. and Ford Road (Urbanus Square). sep f. Devlin ilities Director JTD:bc :i 0 June 25, 1979 Utiities Dept. Water Contracts 0 Attached are copies of contracts to serve water outside the City, adopted on May 29, 1979 by Resolution Nos. 9557, -9558, 9559 and 9560. WATER CONTRACT THIS , CONTRACT, made and entered into this -4e day of M1979 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, 1979 1980 through June 30, 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: n Ci -ty Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH By ) - Mayor By A'111t= 1% - -- l � Title: Lo Title: CITY CORPORATION PURCHASER RESOLUTION NO. 9559 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 ARMSTRONG PETROLEUM CORPORATION 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 Armstrong Petroleum Corporation, 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 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 29th day of May , 1979. Mayor ATTEST: City Clerk DDO /kb 5/18/79