HomeMy WebLinkAboutC-2336 - Sale of Water Outside City for 1982-83-ITY OF NEWPORT BEACH
P.U. BOX 1.768, NEWPORT BEACH, CA 93663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: January 27, 1984
SUBJECT: Contract No. C -2336
Description of Contract Sale of Water outside City
Effective date of Contract January 17, 1984
Authorized by Minute Action, approved on January 9, 1984
Contract with
Mobil
Oil
Corp /West Newport Oil Co.
Address
P.O.
Box
1487
Newport Beach, CA 92663
Amount of Contract See Agreement
`'
Wanda E. Andersen
City Clerk
WEA:lr
attach.
3300 Newport Boulevard, Newport Beach
s _; •
• • CITY CLERK COPY
tiF�nc�rY
oyT o,:
WATER CONTRACT
\.
THIS CONTRACT, made and entered into this._/_/�__
day of� by and between the CITY OF
NEWPORT BEACH, a municipal. corporation, hereinafter referred
to as "City ", and KOBIt OIL CORPORATION /WEST NEWPORT OIL Co.
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,
1 ° 8a through December 31, 1 =84_, 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, 19.09.190, 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-
E
6. Special conditions:
NONE.
•
(If none, so state.)
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:
i
rall-
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
By
Title:, president
Title:
. — _z_
CITY
PURCHASER
Co.
._
By
Title:, president
Title:
. — _z_
CITY
PURCHASER
Co.
January 17, 1984
West Newport Oil Company
P.O. Box 1487
Newport Beach, CA 92663
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714( 640 -2251
Attn: J.R.A. Proctor - Controller
Dear Mr. Proctor:
Enclosed are the original and two copies of the Water Contract between
Mobil Oil Corporation /West Newport Oil Company and the City of Newport
Beach for the sale of water at the Banning Lease property. This contract
was approved by our City Council on January 9, 1984.
Please have executed all copies three copies of the Water Contract. Retain
your copy for your records and return the other two copies to our office.
If you have any questions, please give me a call.
Sincerely,
Wanda E. Andersen
CITY CLERK
WEA:Ir
Enclosures (3)
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
Mobil Oil Corporation P.O. BOX 5�
DENVER. COLORADO 80217
November 11, 1983
City of Newport Beach (Water)
3300 Newport Blvd. ,
Newport Beach, CA 92665
1.25 - BANNING LEASE - TRANSFER OF
OPERATING RESPONSIBILITY
ACCOUNT #01- 3000000 -2
Gentlemen:
This letter is to confirm the November 10,1983,'-telephone agreement between
our offices (Sheila O'Brien -J. P. Walker)'concerning the transfer of operating
responsibility on December 1, 1983, at the Banning Lease and subsequent
billings from City of Newport Beach (Water).
Per agreement, as of the last invoice (for period ending October 14, 1983)
Mobil will no longer be billed. Invoices for Account #i01- 3000000 -2 prepared
after December 1, 1983, will be sent to the following address:
West Newport Oil Company
P. 0. Box 1487
Newport Beach, CA 92663
As discussed, Mobil will still retain a 50% interest in the lease but will no
longer be the operator.
If there are any questions, please contact J. P. Walker at (303) -298 -2350.
Very truly yours,
JPWalkerJbsw R. S. Noble
General Acc unting Manager
cc: W. D. Fritz - 7 -A
J. R. A. Proctor - Controller
West Newport Oil Co.
P. 0. Box 1487
Newport Beach, CA 92663
0
TO: CITY COUNCIL
•
January 9, 1983
CITY COUNCIL AGENDA
ITEM N0. F 3(¢)
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
FROM: Utilities Director
SUBJECT: SALE OF WATER OUTSIDE OF CITY JAN 0 91984
RECOMMENDATIONS:
Approve Contracts authorizing the sale of water outside the
City for the 1984 calendar year to the following customers:
1. Armstrong Petroleum Corporation
2. G- a3310
3. Pacific lei ep one an "legraph 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).
JTD:bc
Devlin
Director
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
DATE: August 11, 1982
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C -2336
Description of Contract Sale of water outside City
Effective date of Contract June 18, 1982
Authorized by Resolution No. Min. Act. adopted on 6/14/82
Contract with Mobil Oil Corp. O
Address p a 'mil( G 414 4
�Mu9n,� �OZI�
Amount of Contract See Contract
Wanda E. Andersen
City Clerk
WEA : 1 r
City Hall • .3300 Newport Boulevard, Newport Beach, California 92663
T •
WATER CONTRACT
THIS CONTRACT, made and entered into this
day of ,. by and between the CITY OF
NEWPORT B H, a municipal corporation, hereinafter referred
to as "City ", and P90BIL OIL CORPORATION ,
hereinafter referred to as "Purchaser ";
W I T N E S S E T Hz
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, 19$3 __, 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
m;h4t� �o►J
by of the City Council on the ILj+j) day of
�)L-Lo V 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:
1
City Clerk
APPROVED AS TO FORM:
•
y ma4
City Attorney
CITY OF NEWPORT BEACH
MOBIL OIL CORPORATION
By i/V
Title:
By
Title:
-3-
CITY
PURCHASER
0
T0: S.i��
FROt� Utilities Department
SUBJECT: SALE 0 F CITY
RECOMMENDATIONS:
0
June 14, 1982
CITY OUNCIL` AGENDA
N j
ITEM NO.
I14I:?7_
J N.,
Approve Contracts authorizing the sale of water outside the
City for the 1982 -83 fiscal year to the following customers:
1. Armstrong Petroleum Corporation
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.
WELOW
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).
seph' Devlin
ilit e Director
:bc