HomeMy WebLinkAboutB.G. Williams - 1975-06-02 (6)REIMBURSEMENT AGREEMENT FOr
SEWER LINES
THIS AGREEMENT entered into by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation, hereinafter for con-
venience referred to as "City", and. B.G. WILLIAMS, hereinafter for
conveniences- referred to as "Builder"
WF RFAS, Builder, pursuant to agreement with City has, at his
own cost and expense, constructed sewer lines, hereinafter referrer
to as facilities, and said facilities have been constructed in
conformity with the plans aad specifications approved by the
Director of Public Works of City, anC have been dedicated to City,,
and City desires to reimburse Builder for a portion of the cost of
the construction of said facilities as provided by t,ir ordinance
code,
NOW, THEREFORE, 4,n consideration of the premises and agreements
herein contained, the parties hereto agree as follows;
BuAlder has constructed, at a total cost of $5712.50 a sewer
lines and appurtenances in Alabama Street, Huntington Street,
California. Street and Utica Avenue., (See Exhibit "All attached
hereto and made a part helyeof for a map of the area served) and
has dedicated said facilities to City.
The refund to be paid to Builder, under this agreement is as
follows:
Total job cost of facilities $571.2.50
Lesea 10% per Huntington Beach $ 571.25
Ordinac+e Code Section 3545 (c)
Net Refundable $5141.25
No refund shall be made by City to Builder until the Director of Public
Works shall certify in writing, to the Finani-a Director that Builder is
entitled to a refund by reason of connection having been made to facilities
in accordance with the Huntington Beaco Ordinance Code, and that City has
received the fee for such connection.
City shall not be liable for payment of refund by reason of its failure
to collect or receive from any person or entity the connection fee. Nowever,
City agrees from an adtninistrat_ve, tegi.slatAve or quasi Judicial procedure
to protect the interest of developers,, eit,,er individuals or entities, who
have previously constructed siiailar facilities, by the collecting fees, either
prier to or oncurrent with the development, or any property serves; by the v
facility constructed undc,r this agreement, If a developer who devei-ps property
served by the facility construcced by Builder is required as a condition of,
development to construct addit'on.al facilities, City may allow said developer
credit toward the per acreage fee consistent with this said agreement; and no
fees shall be due Builder by reason of 5--h construction City further agrees
to furnish a copy of this agreement to the developer of any properties served
by the facilities described herein.
In the event City 4,)es aot require a developer to depoglt the connection
fee with the Citv prior to or concurrent with development, City will provide
an agreement with said developer that said developer is obligated, not only
to the City, but to Builder, and to developers who b— e previously contributed
to the cost of construction of facilites constructed hereunder to deposit
said fee with City; said agreement will further provide that in the event
that. it 'becomes necessary to institute legal i.roceedings, either by the City
or by Builder or developers, who have previously contributed to the cost of
such facilities, to enforce the rights of tho parties thereunder, that the
prevailing party shall be entitled to reasonable attorney fees; provided,,
however, that the City shall not be required to pay the attorney fees for any
of the parties.
-2-
M
It is under,;tood that the City is not required to institute legal
proceedings to protect the interrst of the Builder, but may do so.
WITNESS OUR HANDS AND SEALS the day, month and year appearing below.
DATED this z �"' day of � ' , 19.Z5— _.
ATTEST:
• l "� -
City Clerk
APPROVED AS TO FOMI:
DON P. BONFA
City ttor-ney
By; ,.
uty ty tto .
APPROVED AS TO FORM
by
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CITY OF HUNTINGTON BEACH,
a municipal corporation
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TO:
ATTN:
FROM:
DATE:
P ['r
71
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 9264E
ENGINEERING DEPAR T
rr
by • rK�r^ ♦ �'
Honorable Mayor and City Council
Floyd G. Belsito, City Administrator
H. E. Hartge . Director of Public Works (�
September 12, 1977 !�
SUBJECT: Reimbursement Payment
STkTEMENT:
Transmitted, herewith is a resolution authorizing partial
payment of $180.00 to B. G. Williams on Reimbursement Agreement
No. 75-$l for sewer mains built in Utica and Huntington Streets.
RECOMMENDED ACTION: 'T1
Adopt the resolution.
ANALYSIS:
In early 1975, B. G. Williams financed the installation of
sewer main lines in Utica and Huntington Streets for a net reim-
bursement amount of $5,141.25. An agreement was made for reim-
bursement to B. G. Williams.
Since the agreement was executed, two payments have been made,
one in October 1975 for $1992.24, and one in February 1977 for $1,287.09,
leaving a balance of $3,661.92.
Fees in the amount of $180.00 have been collected from the area
served by these facilities and should be refunded from the Sewer
Fund.
FUNDING SOURCE:
Payment is to be made from the Sewer Fund.
HEH : JWW 1T,,
.. 1977
CITY OF HUNTIr"+1G T ON " ,
ADMINHSTida r OF
RESOLUTION NO. 4524
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT ON
REIMBURSEMENT AGREEMENT NO. 75-Sl FROM SEWER
FUND FOR SEWER MAIN LINES INSTALLED IN UTICA
AND HUNTINGTON STREETS
WHEREAS, the City Council of the City of Huntington Beach
has adopted a budget for fisrdl year 1977--19'18 by Resolution
No. 4479; and
Section 5 of said Resolution No. �(479 specifies the
procedure for authorizing expenditures from special funds; and
The Director of Public Works and City Administrator have
recommended an expenditure fro: ;he Sewer Fund, and the City
Council hereby approves said recommendati4�n,
NOW, THEREFORE, BE IT RESOLVED by the City Council that
partial payment of Reimbursement Agreement No. 75-Sa. in the
sum of One Hundred Eighty Dollars ($180) is hereby authorized
to be made :from the Sewer Fund to B. G. Williams for installa-
ion of sewer main lines in Utica and Huntington Streets.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of September, 1977. p
Mayor
Tx� (;: r—ie—
ATTEST: APPROVED AS TO RM:
r Ass Cant City A rney
REVIEWED AND APPROVED: I TIATED AND AP D:
r C y Administrator Dirccto of Pu c Works
WSA:ahb
4
No. 4524
STATE OF CALIFORNIA. )
COUNTY OF ORANGE
CITY OF 44T."NTINGTON BEACH )
I,, ALICIA M. WENI-WORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said 'N.'ity, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular — meetiag thereof held on the 191.:h day
of September—, 19 77 , by the following vote,.
AYES: Councilmen:
Bartlett, Wieder,_Open, Gibbs, Siebert, y Pattinson
NOES: Councilmen;
None
ABSENT; Councilmen;
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
[wNnNIG ION BEAM
To F. B. Arguello Fro m A. De La Loza
Director of Finance Contracts Administrator
Subject B. G. Wi i t iams Date January 10, 1977
Reimbursement 75-Sl
Attached please find the following:
I. Request for refund :rom B. G. Williams
2. Request for payment froT, Public Works Director
3. Verification of funds from Accounting Division
4. City Attorneys review and conditional approval
5. Public Works Director's certification that all conditions have been met
Based upon the above certification and approvals, 1 recommend payment of $1,287.09
after City Council approval.
A. De la Loze
Contracts Administrator
AD/cg
cc: City Administrator
Public Works/ Director
City Clerk
APPROVED: F. B. Arguello
Director of Fi,,ance
s0yry 740
Iv
City of Huntington Beach
P.O. Box 190 CALIFORNIA 99948
ENGINEERING DEPARTMENT
January 25, 1977
S CIS Y
Honorable Mayorr1'ltp'EL 22
and City Council ��
City of Huntington Beach ............ -"
Attention: Floyd G. Belsito ----
r;e r � c►.r.t
City Administrator
Subject: Refund on Reimbursement Agreement 75-SI
Dear Council Members:
Tran8mitted herewith is a resolution authorizing
a. refand of $2,287.09 to B. G. Williams as partial
payment on Reimbursement Agreement 75-•SI for construc-
tion of a sewer mainline. Sewer fees in this amount
have been cols' ed for the area served by the sewer
main and sho � refunded from the Sewer. fund.
It is rE .nded that your Honorable Body adopt
the resolution.
Very truly yours,
F . Ha ctg
Director of Public Works
HEH: JTM: ae
Trans.
L71
RESOLUTION NO. 4404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT
ON REIMBURSEMENT AGREEMENT 75-S1
WHEREAS, the City Council of the City of Huntington Beach
has adopted a budget for the fiscal year 1976--19?7 by Resolution
No. 4270; and
Section 5 of said Resolution No. 4270 specifies the pro-
cedure for authorizing expenditures from the several special
funds mentioned in said Section 5; and
The Director of Finance and the City Administrator have
recommended an expenditure; and
j The City Council hereby approves said recommendation,
NOW, THEREFORE, BE IT *RESOLVED by the City Council of the
City of Iuntington Beach that a transfer Is authorized from the
sewer fund in the amount of One Thousand. Two Hundred Eighty -
Seven and 091100 Dollars ($1,287.09) to reimburse B. G. Williams
as partial payment on Reimbursement Agreement 75-S1 for con-
struction of a sewer main line.
PASSED AND ADOPTED by the City Council of the City of
Huntnggton Beach at a regular meeting thereof held on the 7th
day of February, 1977.
ATTEST (we �.GG�
Alicia M. Wentworth May Pro Tempore
City Clerk""
r /
Deputy City Cleric
REVIEWED AND APPROVED APP VED AS TO FORM;
City Administrator City Attorn
INITIATED AND APPROVED AS TO CONTENT:
er'
PLANNING.
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'A06 No. 4404
.KiVrE OF CALIFORNIA
COUNTY OF ORANGE ) as:
CITY Q? KUNTINGTON BEACH )
I, ALICIA M,, WE NORTH, the duly �,iected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do 'hereby -certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 7th day
of February , 14 77 , by the following vote:
AYES: Councilmen:
Bartlett, Pattinson, Coen,,_ Gibbs. Siebert_, Shenkman
ROES: Councilmen:
None
ABSENT: Councilmen:
Wieder
ALICIA M. EENIWOgTiq
City Clerk and ex-officio Cleric
of the City Council of the City
of Huntington Beach, California
E".
LJ
City of Huntington Beach
P.O. BOAC ISO CALIFORNIA 1.2648
ENGINEERING DEPARTMENT
October 15, 1975
APPROVED BY CITY COU" . CM
Honorable Mayor "" 4:yE T ' r s r'r rti
and City Council
City of Huntington Beach
Attention: David D. Rowlands
City Administrator
Subject: Reimbursement Agreement 75-Sl
B. G. Wil l iaM8
Lear Council Members:
Transmitted herewith, is a resolution for reimbursement
to B_ G. Williams for sanitary facilities built in Utica Avenue
per Reimbursement Agreement 75-S1. Sewer fees have been col-
lected from subsequent development in the area to refund the
$192.24 to B. G. Williams.
I recommend your Komi ,,rab e Body execute the resolution.
Very truly yours,
H. B. Hartge_
Director of Public Works
W cuter;.;
Walter E. Hurtienne
a.vision Engineer
a
RE"c'OLUTr,ON NO. 4148
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AIJT140RIZING PARTIAL REIMBURSE-
MENT FROM SEWER FUND TO B. G. WILLIAMS FOR CON-
STRUCTTCN OF SEWER LINE
WHEREAS, the City Council of the City of Huntington Beach
has adopted a budget for fiscal year 1974-1975 by Resolution
No. 3900; and
Section 5 of said Resolution No. 3900 specifies the pro.-
cedure for authorizing expenditures from special funds; and
The Director of Finance and the City Administrator have
recommended an expenditure; and
The City Council hereby approves said recommendation,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that partial payment on Reimbursement
Agreement Number 75-SI from the sewer fund in the sum of 013E
HUNDRED NINETY-TWO AND 24/100 DOLLARS ($192.24) is hereby
authorized to be made to B. G. Williams for construction of a
sewer line.
PASSED AND ADOPTED by the City Council of the City of
Runtington Beach at an adjourned, regular meeting thereof held
on the 23rd day of October, 1975.
ATTEST'
NO May
City Clerk
APPROVED AS TO CONTENT:
A
0-Ify— A'C_��ministrator
APPROVE!", AS TO FORM:
DON P. BONPA,.City. Attorney,.*,,,
ByL.1
WILLIAM S. AMSBARY,
Deputy City Attornby
a
Res. 0.4148
OP CAMFORNGA )
C 01INTY OF ORANGE, ) s s t
CITY OIL HUr INOTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, end ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington. Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of ,more than a majority of all the members of said City Council
at a regular adjo4tj'ned meeting *hereof heldon the 23rd day
of October 19 75 m, by the following voter
AYES: Councilmen;
Bartlett, Wieder, Matney, Shilsley, Gabbs
NOES; Councilmen:
None
ABSENT: Councilmen:
ca _ n , Duke
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I
P,
�a
El
M
6ncrrn .the deah o6:
ALICIA WENTWORTH
City CZe&k
Mr. B. G. Williams
Oil Main Street
Huntington Beach, California 92648
Enclosedis a duly executed copy of the
Sewer Reimbursement Agreement for your
records.
E
City of Huntington Beach
P.0 Box III C/AL.IFORMIA Mass
OFFICE OF THE CITY CLERK
June 3, 1975
Mr. B. G. Williams
411 :Main Street
Huntington Beach, California 92648
Dear Mr. Williams;
The City Council of the r.ity of Huntington Beach at its regular
meeting held Monday, June 2, 1975 approved a reimburseraen . agrco-
ment for sew;. --lines guilt in Alabama, Huntington and California
Streets and Utir,a Avenue.
Please execute the enclosed agreement and .return to this office.
A duly exec-'-ed copy will be forwarded to you for yoiir records.
Sincerely yours,
Alicia M. Wentworth
City Clerk
AMW:cb
Enc.
City of Huntington Beach
P.O. BOX 190 CAL,IF'OiRNIA 92648
ENGINEERING DEPARTMENT
May 28, 1575
Honorable Mayor eel
and City Council
City of Huntington Beach
Attention: David D. Rowlands
Citv Administrator
Subject; Reimbursement Agreement
At,a B, G. Williams
Dear Council Members
Transmitted herewith is an agreement between the City
and B. G. Williams which covers rofunds to Mr. Williams for
sewer Lines built in Alabama Street, Huntington Street,
California Street, and Utica Avenue. Sewer fees and front
foot changes col2.ected as a t-asult of subsequent develop-
ment in the area served will be reimbursed to Mr. Williams
by the City. The net refundable amount of the agreement is
$5141.25.
2 recommend your Honorable Body execute the agreement..
Very truly yours,
H. E. Hartge
Director of Public Works
HEHDLCsmc
Encl.
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