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HomeMy WebLinkAboutC-2194 - Joaquin Reservoir Sale of Water Outside City+b �y CITY OF NEWPORT BEACH 1 CALIFORNIA DATE October 3, 1980 TO: FINANCE DIRECTOR FROM:. City Cleric SUBJECT: Contract No. 2194 Description of Contract Water Service Authorized by Resolution No. 9793 , adopted on 6 -9 -80 Effective date of Contract 10 -1 -80 Contract with Mobil Oil (nrmra -inn z Address 1 1 Amount of Contract see contract City Cler xc: Utilities (2) City Ilan 1100 W. Newport Alvd. Area Cede 714 � I I WATER CONTRACT THIS CONTRACT, made and entered into this L_ day of by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and MOBIL OIL 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, 19g1 , 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.) 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. ATTEST: A, City Clerk APPROVED AS TO FORM: Cit�Atto rley CITY OF NEWPORT BEACH ayor CITY By Title: -3- PURCHASER i i I RESOLUTION NO. 9793 A RESOLUTION 017 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 MOBIL OIL CORPORA- TION 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 Mobil Oil 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 autho- rize 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 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 9th day of June Mayor Pro Ten ATTEST: City Clerk , 1980. kv 6/4/80 0 0 June 9, 1980 CITY COUNCIL AGENDA ITEM NO. H -2 (b,c,d,e) TO: CITY COUNCIL FROM: Utilities Department SUBJECT: SALE OF WATER OUTSIDE OF CITY RECOMMENDATIONS: Adopt resolutions authorizing the sale of water outside the City for the 1980 -81 fiscal year to the following customers: I. Armstrong Petroleum Corp. � ' C 1 0V2. Mobil Oil Corp. c .a G : ,, ::' .�' s 6-,z- -7.,'3. Pacific Telephone and Telegraph Company `i C � ,gg34. William L. Pereira Associates 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). Josep Devlin Utilities Director JTD:bc