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HomeMy WebLinkAboutCity of Fountain Valley - 1962-05-10�• ' CITY OF HUIITIN01TON BEACH INTER -DES RTIVI;NTiC-ATION HUNTINGTON BEACH DATE: April 14, 1998 TO: Daryl Smith, Acting Director of Public Works FROM: Connie Brockway, City Clerk Uv RE: Drainage Fees between City and City of Fountain Valley (forwarding of collection of run-off fees). i Please let me know if this joint agreement between the City of Fountain Valley and Huntington Beach is still active or can it be retired. ,�.-,AG 98-72bw.doc CJ' Cie I ` ✓' r"` c r l� y R E C E I V E D DEPT. OF PUBLIC WORKS HUNTING70N BEACH, CA �I III 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 17 18 19 20 21 22' 23 24 25 26 27 28 29 3C 33 39, CALVIN P. SCHMIDT ATTORN[T AT LAW Su ITS !11 NORTH RROADWAT f ANTA ANA. CALIFORNIA KIMSZRLT 7.6651 J _ A G R E E M E N T WHEREAS, the City of Fountain Valley is a duly incorporated municipality by virtue of the laws of the State of California; wHEREAs, the City of Huntington Beach is a duly incorporated municipality by virtue of the laws of the State of California; WHEREAS, said Cities enjoy common boundary in certain areas or are in close proximity to each other's boundaries; WHEREAS, said Cities have common problems that can best be solved by mutual cooperation; 'niHEREAS, one of the problems now existing and which demands immediate attention is that of drainage; WHEREAS, the parties hereto have made extensive studies concerning all aspects of drainage within their respective cities; I WHEREAS, both cities have passed ordinances requiring the payment of a drainage fee when property is developed, in order to construct the necessary municipal improvements to protect the public safety, health and welfare; NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein contained, IT IS THEREBY AGREED BY AND BETWEEN THE CITY OF FOUNTAIN VALLEY AND THE CITY OF HUNTINGTON BEACH, AS FOLLOWS: 1. The City of Fountain valley will collect a drainage fee as set forth in its ordinance. 2. whenever the property being developed, drains into the City of Huntington Beach, and said property is located within the City limits of the City of Fountain Valley, the City of Fountain Valley will then pay to the City of Huntington Beach their drain- age acreage assessment on the number of acres so drained into the City of Huntington Beach. 3. Should the acreage assessment by the City of Huntington Beach be more than that charge by the City of • 1 Fountain Valley, then and in that event, Fountain Valley will so 2 modify its ordinance or pay said deficit out of its general funds. 3 4. Should the drainage acreage assessment charged by 4 Fountain Valley be more than that required by Huntington Beach, 5 then and in that event the excess shall belong to the City of 6 Fountain Valley. 7 5. The City of Huntington Beach will collect a drainage 8 fee as set forth in its ordinance. 9 6. Whenever the property being developed drains into the 10 City of Fountain Valley and the property is situated within the 11 City of Huntington Beach, the City of Huntington Beach will then 12 pay to the City of Fountain Valley, their drainage acreage assess- 13 ment on the number of acres so drained into the City of Fountain 14 Valley. 15 7. Should the acreage assessment by the City of Fountain 16 Valley be more than that charged by the City of Huntington Beach, 17 then and in that event, Huntington Beach will so modify its 18 ordinance or pay said deficit out of its general funds. 19 8. Should the drainage acreage assessment charged by the 20 City of Huntington Beach be more than that required by the City of II, 21 Fountain Valley, then, and in that event, the excess shall belong 22 to the City of Huntington Beach. 23 9. All subdividers or developers, etc. shall obtain all 24 necessary permits and approvals from the City wherein said land 25 is located. Furthermore, the necessary approval from the City *26 receiving the drainage shall be obtained before any work is com- 27 menced or permits issued. 28 10. it shall be the responsibility of the City wherein the 29 property is located to pay to the City receiving the drainage 30 said monies as herein set forth upon demand, but nevertheless 31 conditioned upon final payment by the subdivider or developer. 32 11. This Agreement is conditioned upon the acceptance by CALV IN P. SCHMIDT ATTORNEY AT LAW SUITE 205 Sit NORTH BROADWAY -2- SANTA ANA. CALIFORNIA KIMBERLY 7.9831 i 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21, 22 23 24 25 '26 27 28 2S Y 3: 3; CALVIN P. SCHMID ATTORNEY AT LAW SUIT& &OS all NORTH SROADWA SANTA ANA. CALIFORIF . KIMBERLY 7.8881 the City of Huntington Beach, and the signing thereof by the Mayor of said City. Upon the date of so signing, this Agreement shall be in full force and effect. r IA DATED: MAY 1159, cL�:xx CITY OF HUNTINGTON BEACH BY �cv MAYOR BY CLERK -3-- 0 CITY CITY COUNCIL: JIM KANNO, MAYOR HENRY BOER JOSEPH CALLENS CHARLES ISHII ROBERT WARDLOW CITY CLERK -ADMINISTRATOR F. J. KLECKER CITY ATTORNEY: CALVIN P. SCHMIDT �t e a f { z ax ??1 FOUNTAIN VALLEY �0 May 2, 1962 Mr. Doyle Miller, City Manager City of Huntington Beach Huntington Beach, California Attention: Mr. Paul Jones, City Clerk Dear Sir: 9461 TALBERT AVENUE FOUNTAIN VALLEY, CALIFORNIA VIKING 7-3511 /2/0 0 Z_ Enclosed are seven copies of an Agreement between the City of Fountain Valley and the City of Huntington Beach pertaining to the collection of drainage fees and the forwarding of funds collected on said fees to the respective cities receiving the run-off from adjacent cities. This Agreement was discussed with you in your office and Mr. Wheeler, Huntington Beach City Engineer; Tom Shelton, City Engineer of Fountain Valley; and myself on Wednesday, April 25, 1962. I understand our City Attorney and yours have also dis- cussed said Agreement. As per our conversation on that date, this Agreement was adopted by the City of Fountain Valley on April 30, 1962, and as you stated will be coming before your council on May 7, 1962. An extract of the action taken at the City of Fountain Valley Council meeting on April 30, 1962, is enclosed. After approval by your City Council, please execute the Agreement, retain three copies and return four copies to the City of Fountain Valley. If you have any questions, please feel free to,contact me or our City Attorney, Calvin P. Schmidt. Yours truly, ELM:mc EDWIN L. Z�DON�D Enc. Administrator -Clerk E a ' _INUTES OF TLIE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY, CALIFOP1,TIA Regular Adjourneceting of the City Council of the City of Fountain Valley, California, was held on __April_ 30z_196,2 SCHEDULED MATTERS DRAINAGE AGREEMENT - Between City of Huntington Beach and the City of Fountain Valley The City Attorney presented the Agreement that the City Adminis- trator, City Engineer and he had worked out with the City Attorney, City Administrator and City Engineer of Huntington Beach. On a motion by Councilman Boer, second by Councilman Moiola, and by unanimous approval of the Council, the Agreement was adopted. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF FOUNTAIN VALLEY) I, EDWIN L. McDONAL D, City Clerk and ex•-officio Clerk of the City Council of the City of Fountain Valley, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have Hereunto set my hand and seal thi a 2nd day of _ .___. r?ay� ._._, 19 62. r—a? D C t Clerl and ex-officio Clerk of the City Council of the City of T'ouaa _n Valley, California 1� 2 3' 4I 5 18 19 20 21 22 23 24 25 26 27 28 29 30 t� 31 32 CALVIN P: SCHMIOT ATTORNEY AT LAW SUITE 209 Sit NORTH BROADWAY , SANTA ANA. CALIFORNIA \ KIMBERLY 7-6851 J ; 41 *r d.- A G R E. E 'M E N T WHEREAS, the.City of Fountain.Valley is a•duly incorporated' municipality by virtue of the.laws of the State of California; WHEREAS, the City of .Huntington Beach is. `a duly incorporate,d;`: municipality by virtue of the laws. -of the State .of California;. WHEREAS,, said Cities enjoy. common boundary. in .certain areas. or are in close proximity 'to each otherls..boundari:es; WHEREAS., said Cities -have common problems. that can .best be' solved by mutual cooperation; WHEREAS, 'one of the problems now existingand which .demands• .immediate attention is that of drainage; WHEREAS, the parties hereto have made extensive studies concerning.all aspects of drainage within their..respective cities;... WHEREAS, both.cities have passed ordinances requiring:, -the payment of a drainage fee when property•is developed, in.order...to construct the necessary municipal improvements to protect the., public safety; health and welfare; NOW,,,.THEREFORE, in consideration.of the•mutual covenant , conditions and promises herein contained, IT -IS THEREBY AGREED BY .. AND BETWEEN THE CITY OF FOUNTAIN VALLEY AND THE CITY'OF.' HUNTINGTON BEACH, AS FOLLOWS: 'l. The City of Fountain valley .will collect a drainage'' fee.as set forth in its ordinance,.: 2. }Whenever the•property being developed, drains into the. City of Huntington Beach, and said property is-located'within :the City limits of'the City -of Fountain Valley, the.City of Fountain Valley will then pay to the City`of.Huntington Beach their drain..:. age: acreage assessment on the•number of,'acres;so drained into.the; City of Huntington Beach. 3. Should 'the, acreage assessment by, the City of . Huntington Beach be more than that' charg:e by the City of 1 l' Fountain Valley, then and in.that..event, Fountain -Valley will so. 2 modify its ,ordinance or pay said deficit :,out of., its general 'funds: 3 '4. Should the drainage acreage assessment:charged by • 4 Fountain' Valley. be more than. that required''by. Huntington Bea.ch,'' 5 then and jn' that event the 'excess -shall belong to the City of 6 Fountain Valley. 7 5.' The City, of .Huntington Beach will collect a drainage:', 8 fee .'as set forth in its.'. ordinance. - 9 6. TOhenever the property.being;developed drains into the, 10 ;_City* of• F6,iintain Va lrey and the property is situated within :;the 11 City of'Huntin''ton Beach, the City of.Huntington Beach will -'then 12 pay;',to` the -;City of Fountain Valley,, their drainage acreage assess 13 ment on.the number of acres so drained into the City of Fountain. 14: ; Valley.: 1.5 7. Should the acreage assessment by the City of.Fountain 16 Valley be *more than that.'' charged- by the City of 'Huntington Beach, 1'7 then and in ,that event,'Huhtingaon Beach will.so modify its 18 ordinance or pay said deficit out.of'its general funds. 19 8. Should.the�.drainage acreage assessment charged by -'the 20 City of Huntington'.Beach.be,more.than'that. required by the. City of 21 Fountain Valley, then, and..in that event, the excess shall belong: 212I to the City'of Huntington Beach. 23 9. All subdividers:, or developers, etc: shall' obtain. all .24 necessary.permits.and approyals'.from the Citywherein said land 29. i-s located. Furthermore,;,the necessary approval from the City:,; .•26 receiving. 'the drainage'shall'be,obtained before any work is com 2r1 menced or permits issued: 28 10.' It shall be the, .responsibility of the. City wherein': the 29: property is -located to.pay to the.City receiving the drainage 0. said monies as herein set forth`-upon.demand•, but nevertheless 31 conditioned upon final payment by the ,subdivider or developer. -32 1l. This Agreement is conditioned upon the. acceptance by CALVIN.P. SCHMIDT ATTORNEY AT LAW - SUITE 205 811 NORTH BROADWAY' SANTA ANA, CALIFORNIA rG- KIMBERLY 7-8851 CITY OF FOUNTAIN VALLEY REGULAR ADJOURNED COUNCIL MEETING APRIL 30 , 1962 8:00 P.M. AGENDA I. CALL TO ORDER II. SALUTE TO THE FLAG III. ROLL CALL IV. MINUTES Consideration of approval of minutes of the Regular Adjourned Council Meeting of April 17, 1962, and of the Special Council Meeting of April 23, 1962, as marled. V. SCHEDULED MATTERS A. Ordinance No, 87 An OrdinCi^e of the City Council of the City of Fountain Valley Amending Ordinance No, 66, Sectional District Map 19-5-10. (Second reading) B. Ordinance No. 88 An Ordinance of the City of Fountain Valley Describing the Various Departments and creating the position of City Administrator, (First reading„) C. Ordinance No. 8y An Ordinance of the City of Fountain Valley establishing a personnel system, (First reading,) D. Ordinance No. 90 An Ordinance of the City of Fountain Valley for the purpose of controlling food handling. (Second reading.) E. Ordinance No, 92 An Ordsrar:ce of the City of Fountain Valley designating Talbert Avenue in the Gity of Fountain Valley as a County Highway. (Second reading,) F. Resolution No. A Resolution of the City Council of the City of Fountain Valley opposing Federal income taxation of the interest on Public Bonds. G. Acc.eDtarce o:L�G:ant Deed for right of way for Talbert Avenue br%.dge approach. 0 2 H. Ordinance No. An Urgency Ordinance of the City of Fountain Valley prohibiting certain signs within 500 feet of State Freeways. I. Set Public Hearing of Precise Plan F.C.-62-1 (Warner Flood Control Channel) J. Set Public Hearing for Zone Change Z-2 - Changing A-1 to C-1 and R-1 located at southeast corner of Heil and Bushard. K. Set Public Hearing - Amendment to Ordinance No. 66 Providing for precise plans of design for C & M Zones) L. Resolution No. A Resolution of the City of Fountain Valley declaring that weeds, refuse, dirt, etc, upon streets and private property are a nuisance. M. Drainage Agreement between City of Huntington Beach and the City of Fountain Valley. VI. WRITTEN COMMUNICATIONS VII. OLD AND UNFINISHED BUSINESS VIII. PUBLIC APPEARANCES - ORAL COMMUNICATIONS I IX. NEW BUSINESS X. EXECUTIVE SESSION XI. ADJOURN CITE' OF HUNTINGTON BEACH ENGINEERING DEPARTMENT Huntington Beach, California May 28, 1962 Honorable Mayor and City Council City of Huntington Beach Att: Mr. Doyle Miller City Administrator Subject: Tract 1.4.127 Fountain Valley Gentlemen: In conjunction with the development of the subject tract George Holstein and Sons have under con- struction a storm drain in the City of Huntington Beach. Their drain will ultimately drain some 40 acres in Fountain Valley and add this acreage to Drain- age District No. 3, for a total contribution of about $37,000.00. In order to expedite the exchange of money impounded by Fountain Valley and return it to the developer permission of your honorable body is, re- quested to do the following: a.. Approve acceptance of work in lieu of payment of fees to Huntington Beach, or b. Approve reimbursement of the total amount for this acreage (about $18,500) when received from Fountain Valley. In order that I can proceed it would be appropriate for the Council to approve the engineers' recommendation. Very truly yours, �Gt�Uu--� James R. 'Wheeler City Engineer JRW:a -IoC�CUf" oU ata oecU'LCilC 60c;C and. &Q S¢troo¢ ¢tjt�©U31A Rboownfll� 11111, c2d U00G-=0tedc:� ¢�-�n¢ osz 'Offs CcCcge tho doer Mcl aoca¢ tho aCTIZ n 0=—, CPA ale.5 gco ctio [; goo amn City CloT% ¢o omaugo Qho TiJM-02-my colniff com Right-off-vay Deed - @a cq� iaaa by Otor.on, coeazdcd by 690100, H. D. Co. Council a8copCod Cho fig= the Hutintianatoan 9coth Co:�pmy and diroc¢od Cho Moirh ¢o gccavd oc=, cAth tho County Gtecordm; and azaChasrioc�n trNo D�yog and City Clogrz ¢o emecutc3 thO right-off-csay C0TEifs'ic89iota on beNnlfs off Cho City. C19CCECM orailn - Tho City Mminiotratov gTocontod a co=' Unica- Tract 04127 tion ffTen tho City Emainoor Toaardias a Ator® drain thich hail been conotructed by Coorao Holot©isn C3 Son in the City of Hutatin3tosn Da8ch, in connection caitiff TTQct 04127. The Engineer r©q_ueotod .that Council approv o raccccoptarmceo of tbo nark in liou Of paYMsnt Of ffQeo to Wnnti%toun Deach, oT approve reimburoemmt Of the total amunt ffoT thin acr©naQ which io nppronimealy $Ik500, when received ffTco the City of Pou ntaisn valley. Z,g. Auth. to iProceeo On Motion by Sto=rt, oocosndad by Ublceh, Kith Either Rec Council approved the raquaot of tho gsaaflnQ0T, and aunthoriwd Bain to procood on Qithor rcacoE:mandatiom to oaTv a boot �l�o isntaroot ois tlito Cflty l�tio� carrcied Coast Am—h. Otter - n0yor IImbeTt Cron cdftod the Council to x aGolm ccomoidQT the problem of tto ac1-Mlanco caraamy. Mr.' G=6vft cao aolkod Qo soTood Mo lotf;OT. Flotion Hide - a aabna Endo by Connniamm Y:toala, vo AC t it Can Talkean ¢ CLO CbyoT appoilat a comZiCtoo to oWdy (fM t^S2 ticcoivo no CrTican c : m. C L, o �wti,. ���.1'] ( .,� F.•!' 's� �e� `l...r, ..-� a 111 ,iIN6T�,�: Ccclicrntut May,:10 .3962 - Ed City, Adidnii9it-atO7, cat : o t' vas lbert. Avenue Y Deae IVe: are::enclos fir.' out. "� es 9.otir Au1'ed cop]�.f?S �f�i an.� r.EeDi�E.'�4t CA€ E3i� .�• .. O� the .Caty of-, 'tita ntaan Nal ey . e tie C�: y o .H(unting- - ..ton,, Beach e. . Paul ; C. .Jdnes .,. eew. e�: �.. •