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Home My WebLink AboutC-2337 - Sale of Water Outside City for 1982-83CITY OF NEWPORT BEACH P.U. BOX 1.768, NEWPORT BEACH, CA 92663.3884 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR UTILITIES DEPT. FROM: CITY CLERK DATE: February 13, 1984 SUBJECT: Contract No. C- 2337 Description of Contract Sale of water outside C Effective date of Contract January 17, 1984 Authorized by Minute Action, approved on January 9, 1984 Contract with Pacific Bell (formerly.Pacific Telephone & Telegraph Co.) Address 7337 Trade Street Room 4140 San Diego, CA 92121 Amount of Contract • Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach PacificTelephon 7337 Trade Street Room 4140 FEB 9 1984 San Diego, CA 92121 � n Ms. Wanda E. Andersen S 0 City Clerk CliTB City NEWPoRiBE of Newport Beach BEACH, 9 CALIF. � 3300 Newport Boulevard Newport Beach, CA 92663 F 8 j31984 NECEIVED CITY r., Re: Water Contract 4302 Ford Road, Corona Del Mar Dear Ms. Andersen: Enclosed are two fully executed Water Contracts for the sale of water to our Central Office at the above referenc- ed location. As discussed with Joseph Devlin, we have included the change in Paragraph 5 of the Contract. Per his request, I have also enclosed a copy of our 1982 agreement approv- ing this change. If you have any questions, please contact me on (619) 695 -5408. Sincerely, P. L. Hamilton Associate Manager Enclosure ,I �_� • CITY CLERK COPY WA'T'ER CONTRACT THIS CONTRACT, made and entered into this IA;Gt✓ day of , Al by and between the CITY OF NEWPORT BI CH, a municipal. co.r.poraLion, hereinafter referred PACIFIC BELL, previously known as THE to as "City ", and PACIFIC TELEPHONE AND TELEGRAPH COMPANY hereinafter referred to as "Purchaser"; W I T N E S S E T H: WIILIREAS, City has water in excess of that necessary to supply the inhabitants of City and others to whom the Ci.ty 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 tinder 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 January 1, 10,84 , through Decenier 31, 1984 , both dates inclusive. 2. Purchaser agrees to pay a readiness to serve charge and water rates as st_!L- ouL in Sections 14.1.2.040 and 14.12.090, respectively, of the Newport Beach Municipal Code as they now I 0 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. *except for the sole negligence or wilful misconduct of City, -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: F . i BI %�i�li APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH CITY PACIFIC BELL, previously known as THE PACIFIC TELEPHONE 6 TELEGRAPH CO. By try istrict Manager - Title: Prn Prty I)PVPInPment LA Title: -.3- PURCHASER r� u January 17, 1984 r� u CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK )714) 640 -2251 Pacific Telephone 6 Telegraph Co. 525 B Street, Room 1311 P.O. Box 524 San Diego, CA 92112 Attn: 0. D. Sandvig, Manager Dear Mr. Sandvig: Enclosed are the original and two copies of the Water Contract between Pacific Telephone and the City of Newport Beach for the sale of water to your Central Office at 4302 Ford Road in Corona del Mar. This contract was renewed by our City Council on January 9, 1984. Please have executed all three copies of the Water 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, /f Wanda E. Andersen CITY CLERK WEA:1r 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: 0 January 9, 1983 CITY COUNCIL AG NDA ITEM N0. BY THE CITY COUNCIL CITY OF NEWPORT BEACH JAN 0 91984 Approve Contracts authorizing the sale of water outside the City for the 1984 calendar year to the following customers: 1. Armstrong Petroleum Corporation 2. Mobil Oil _Cor.or 3. 4. i iam 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 -2337 Description of Contract "-& - 14� C,(-, .?1(Z'1gZ 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 Pacific Telephone Address 525 B Street Room 1311 P.O. Box 524, San Diego, CA 92112 Amount of Contract See Contract 4x� fa4l�g(�� Wanda E. Andersen City Clerk WEA : 1 r City Hall • 3300 Newport Boulevard, Newport Beach, Califomia 9s a C--*)33? 0 Pacific Telephone 525 "B" Street, Room 1311 V.O. Box 524 San Diego, California 92112 JUL 13 1982 Mr. J. Devlin City of Newport Beach Utilities Department 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Devlin: Re: Water Contract 4302 Ford Road Corona Del Mar, CA Enclosed, please find two executed copies of the Water Contract for our Central Office at the above referenced location. Please note the change to paragraph 5 of the contract which speaks to your liability for furnishing water to our facility. This matter has been previously negotiated between City attorneys and Pacific Telephone counsel. Please direct questions to Ray Weamer, of my staff, on (714) 237 -2513. Sincerely, p6A 0. D. San dvig (/ Manager Enclosure WATER CONTRACT THIS CONTRACT, made and entered into this /�.. day of _ ��JLIa , . , by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and PACIFIC TELEPHONE AND TELEGRAPH 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 followri 1. The term of this contract shall be from July 1, 1982 through June 30, 1983 both dates inclusive. �r 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, except for the sole negligence or wilful misconduct of City, 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 Actionof 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 CITY OF NEWPORT BEACH WPF INSIVA _ . —. payor CITY PACIFIC '�LEPHONE AND TELEGRAPH COMPAN By_ APPROVED AS TO FORM: J� Title: hl n ae� City Attorney By Title: -3- PURCHASER TO: CITY COUNCIL FROM: Utilities Department SUBJECT: SALE OF WATER OUTSIDE OF CITY RECOMMENDATIONS: June 14, 1982 CITY COUNCIL AGENDA DD ITEM NO .�i 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.0 a33Q 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). Jtil seph' tl 7� Devlin i ey Director JTD:bc