The URL can be used to link to this page

Home My WebLink AboutC-2335 - Sale of Water Outside City for 1982-83CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: January 23, 1984 SUBJECT: Contract No. C -2335 Description of Contract Water Contract (Sale of Water outside the City) Effective date of Contract January 17, 1984 Authorized by Minute Action, approved on January 9, 1984 Contract with Armstrong Petroleum Corporation Address P.O. Box 1547 Newport Beach CA 92663 Amount of Contract See Contract W" e Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach i ARMSTRONG PETROLEUM CORPORATION POST OFFICE BOX 1547 NEWPORT BEACH, CALIFORNIA 92663 TELEPHONE (714) 650 -4000 January 20, 1984 CITY OF NEWPORT BEACH, CALIF JAN 231984® NECEIYE9 CITY CLEW( v City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Ms. Wanda E. Andersen City Clerk Dear Ms. Andersen: Per your request, enclosed are the original and one copy of the Water Contract between Armstrong Petroleum and the City of Newport Beach for the sale of water outside the City. Yours truly, ARMSTRONG PETROLEUM CORPORATION Leonard W. Anderson Legal Department LWA /kr enclosures 0 WATER CONTRACT CITY CLERK COPY • S' C;i':9 \ PC k b ! ;ALIF. THIS CONTRACT, made and entered into this, �- day of by and between the CITY OF NEWPORT EACH, 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 follow..: 1. The term of this contract shall be from January 1, 19 through December 31, 1984 . ^, 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 a 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 14.04.1701 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 Minute Action of the City Council on the 9th day of January 1984 , 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: .iRd APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH ARMSTRONG PET RPORATION By Title: By Title: -3- CITY PURCHASER W494, / ' ARMSTRONG PET RPORATION By Title: By Title: -3- CITY PURCHASER January 17, 1984 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714( 640 -2251 Armstrong Petroleum Corporation P.O. Box 1546 Newport Beach, CA 92663 Attn: R. A. Armstrong, President Dear Mr. Armstrong: Enclosed are the original and two copies of the Water Contract between Armstrong Petroleum Corporation and the City of Newport Beach for the sale of water outside the City. The contract was approved by our City Council on January 9, 1984. Please execute the original and copies of the contract. Retain your copy for your records and return the other two to our office. If you have any questions, please give me a call. Sincerely, Wanda E. Andersen CITY CLERK WEA:lr Enclosures (3) City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 TO: CITY COUNCIL FROM: Utilities Director SUBJECT: SALE OF WATER OUTSIDE OF CITY RECOMMENDATIONS: January 9, 1983 CITY COUNCIL AG NDA ITEM N0. BY THE CITY COUNCIL CITY OF NEWPORT BEACH JAN 0 91984 APPROVED Approve Contracts authorizing the sale of water outside the City for the 1984 calendar year to the following customers: 1.. t✓ - �� 2. Mobil Oil Corporation 3. Pacific Telephone and Telegraph Company 4. 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 Municipal Code further provides that water must be sold under contracts which may not continue for longer than one year and 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). ethDe vlinirector CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 DATE: August 11, 1982 CaQ,(� TO: FINANCE DIRECTOR�� l`i g� FROM: City Clerk SUBJECT: Contract No. C -2335 Description of Contract Sale of water outside City Effective date of Contract June 18, 1982 Authorized by Resolution No. Min. Act., adopted on June 14, 1982 Contract with Armstrong Petroleum Corp. Address P.O. Box 1546 Newport Beach, CA 92663 Amount of dontract See Contract Wanda E. Andersen City Clerk WEA: I City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 ARMSTRONG PETRO*M CORPORATION ' POST OFFICE SOX 1546 NEWPORT BEACH, CALIFORNIA 92643 TELEPHONE (714) 473.5231 July 2, 1982 City of Newport Beach 3300 Newport Boulevard Newport Beach Attention: Mr, J.T. Devlin Gentlemen: Enclosed are two fully executed copies of the water contract for the Banning Tract County of Orange. Yours truly, Armstrong' Petroleum Corporation �!str "ong P)msident encs. i WATER CONTRACT THIS CONTRACT, made and entered into this day of by and between the CITY OF r— 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 follow.— 1. The term of this contract shall be from July 1, 1982, ._ , through June 30, 1983 , 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 0 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 Minute Act. of the City Council on the 14th day of June 1 1982 , 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: City Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH By a:5� ayor E CITY Title: ilSh�ti By Title: -3- PURCHASER TO: CITY COUNCIL FROM: Utilities Department SUBJECT: SALE OF WATER OUTSIDE OF CITY RECOMMENDATIONS: June 14, 1982 CITY NCOUNCIL �AGE!dV4 IITEM N0. . ��..�`` NN'' Approve Contracts authorizing the sale of water outside the City for the 1982 -83 fiscal year to the following customers: 1.'. Armstrong Petroleum Corporation C -Z;)5a 2. Mobil Oil Corporation C -C;L5 l 3. Pacific Telephone and Telegraph CompanyC- D33'7 4. William L. Pereira Associates C _ C333:$ 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 Municipal Code further provides that water must be sold under contracts which may not continue for longer than one year and 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). oseph: . Devlin 1. tiliteV Director be