HomeMy WebLinkAboutKent Land Company - Reimbursement Agreement 70-D6 - Storm Dr AV
CITY OF HUNTINGTON BEACH
c INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH -
To Ben Arguello From H. E. Hartge
.. Finance Director Director of Public Works
Subject Reimbursement Agreement .70-D6 . Date June 9, .197.6
I certify .that drainage fees in the amount of $41.,1.99 .38 have
been received from areas served by the drainage facilities built in -
Drainage District .7E and .7H at Kent hand Co. 's (K & B). expense.
The areas served and fees received areas follows:
Date Area 70-D6 Pump Station Total
6-11-69- . .Tr. 876 6, 0.12.00 6,513.00 12,525.00
8-5-68 Tr. 6576 -0-- 9-,758.45' 9,758.45
( 9-6-72 Tr. 7547 ll,-0.53.68 5,9.87.42 17,041.10
11-14-73 , Tr. 7899 5, 7.11.40 . 3, 0.93. 68 8;805.08
1-27-72 Tr. '.7619 2,.0.07. 60 1, 087.45 3,0.95.05
9-12-73 ' 8282 Atlanta 1, 2.00..00 650.00 1, 850.00
9-28-71 8302 Atlanta . 3',214 :70 1,7.41. 30 4,9.56. 00
8-21-72 8421 Atlanta 12,.000. 00 6,500. 00 18,500. 0.0
41,1,99 .38 35,_331.30 . 76,5.30. 68
Please accomplish the verification of the fees received so that I
.may proceed with City Council action.
H. E. Hartge
Director of Public Works
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CITY OF HIDunNGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON REACH -
To H. E. .Hartge From James Georges
Public Works Director Deputy City Attorney
Subject Kent Land Company Reimbursement Date May 11 , 1976
(Subsidiary of Kaufman & Broad) ,
Claim No. 76-42
MEMORANDUM OPINION
This office has received from the City Clerk a copy of
Claim No . 76-42 and a letter from Chubb/Pacific Indemnity
stating that there is no insurance coverage regarding this
claim.
Kent Land Company made a demand in writing for reimbursement
of $13 ,546 . 46 for'.the cost of constiruction of a storm drain
per reimbursement agreement dated February 17 , 1971 . This
reimbursement agreement with Kent Land Company had never
been approved as to form by this office . It is important
to note that this agreement does not contain a provision that
a refund will be made conditioned on the availability of
funds . Said written agreement provides an absolute promise
to pay to Kent Land Company all moneys the City collects by
reason of connections being made to said facilities . Other
agreements condition the promise to reimburse upon funds being
available but not this one .
It is the recommendation of this office that Kent Land Company
be paid $13, 546 . 46, that being the amount the City promised to
pay under the reimbursement agreement . Said reimbursement is
to be paid only if the City has received fees for connection
to the facilities in District 7E and 7H, Subdivision Tract
No . 6576 and adjacent properties .
-Do not pay the seven percent (7%) interest demanded nor any
other percent interest . '
Written demand for reimbursement was made by Kent Land Company
on March 8 , 1976 and the reimbursement agreement was dated.
February 17 , 1971 . You will note that the demand is greater
than five years from the date of the agreement , however, the
ordinance requiring refunds to be payable for a period of five
years from the date of applicant ' s application for a reimburse-
t agreement was enacted in July, 1975 •
APPROVED :
JAM
Z7 ES GEORGE
Deputy City Attorney
JG :cs DON P . BONFA
f City Attorney
cc : John Whipple ✓✓✓ /
Art de la Loza.
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March 8, 1976
City of Huntington Beach
Public Works Department
P. 0. Box 190
Huntington Beach, California 92648
Attention: Mr. John Whipple
Gentlemen:
In accordance with Reimbursement Agreement No. 69-S3 executed January 21,
1969, we determine that the City of Huntington Beach owes Capistrano Land
Company $24,826.16 for construction of a sewer pump station built in con-
nection with Tract No. 6277. We also hold under the name of Kent Land
Company a Reimbursement Agreement No. 70-D6 with a balance owing in the
mount of 13,5 6. 6 for construction of storm drains in connection with
Tract No. 6576 and adjacent properties in District 7E an
In addition, the following reimbursements in District 7F have not been
refunded to us:
(a) A water refund in the amount of $4,041.27 for Tract 6651,
(b) A sewer refund in the amount of $10,925.21 for Tract 6756.
Please review the above. At your earliest convenience, kindly forward our
reimbursements or advise us in writing as to when we can expect said reim-
bursements.
Sincerely,
KAUFMAN AND BROAD, INC.
( i c'LLa �t � f.
S�7EA * mi n Mol i nA
BM/ck
cc: Steve Havens, KB No. Cal .
A. De La Lo:sa, Finance Department
David D. Rowlands, City Administrator
10801 NATIONAL BOULEVARD LOS ANGELES,CALIFORNIA 90064 AREA CODE (213) 475-6711 or 272-9914
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CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION v,
HUNTINGTON BEACH
To H. . E. I3artge From Richard Doolittle
Subject Reimbursement Agreement 70-•D6 Date January $• 1976 .
The City entaxed into the sub jest .mgreemant with raufman and
]Broad in February, 1971 for the construction of the 42' :+!aster Plan
storm drain to serve their Tract.g 876 and 6576.E h sumpry of fee
payment for said tracts is ae follows:
Tract 876 (10.02 ac. )
10.02 ac. @ $ 600 a $ ' 012` 06 credit
10.02 ac. @ $ 600 - $ 6,012.00 to Sdcurity. Pore
1002 ac. 0 $, .650 a $ 6,!;13. 00 Newland Pump Stations
Total. 10'.02- ac. 0 $1850 $18;537..00
Tract 6576 (15.013 ac. )
15.013 At. @ $1200 $181015.60 credit
15.013 ac. @ $, 650 $ 9,'r58.45 Ndviland Pump Station
Total 15 013 ac. @ $1850 $27,774.05
A su=%ary of financial transactions for the subject agreement
is as follows;
Totai' construction cost $37, 0 4.06
Lees fees credited
.(--876: 10.02 ac. 0 $600)
M' 6576: 15.013 ac. @ $.1200) $24 ,027.60
Net Reimbursable $13,546.46
lteinoursemeht Agreement 70-D6 $13,546.46
07ebruary, 1971)
Total payments _ -0-
Remaining balance $11,546.46
The subject agreement was . writtain against Drainacle District 7k,
which, per the attached moluo, - is -currently in the rail. Reimbukadment
Agreement 70-D6 should still be considered active' however, it is
tolward the and of the payoff lino.
Ord Doc t e -
Civil Engineer Assistant
Attach.
CITY OF HUNTINGTON BIEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH -
To H:. E. Hartge From Richard Doolittle
Subject Reimbursement Agreement 70-D6 . Date January 8 , 1976
The City entered into the subject agreement with Kaufman and
Broad in February, 1971 for the construction of the 42" Master Plan
storm drain to serve their Tracts 876 and 6576. A summary. of fee
payment '.for said tracts is as - follows:
Tract 8.76 (10.02 ac. ) ,
. 10..02 _ac. @ $ 600. _. $ 6,012 .-00 .credit
10.02 ac. @ $ 600 = . $ 6,012.00. to. Security. Fore..
10..02 ac. @ $ 650 = $ 6,511. 00 Newland Pump Station
Total 10.02 ac. @ $1850 $18,537.00
Tract 6576 (15.013 ac. ) "
15.013 ac. @ $1200 = $18,015. 60 credit .
15413 ac'. @ $. 650 = $ 9,7,58 A 5 Newland Pump Station
Total 15.013 ac. @ $1850 _ $27,714.05
A summary of financial transactions for the subject agreement
is as follows:
Total 'construction cost . $37,574.06
Less fees credited
(T-.876 10.02 ac. @ . $600)
(T-6576: 15.013 ac. @ $1200) $24,027.60
Net Reimbursable $13,54-6.46
Reimbursement Agreement 70-D6 $13,546.46
(February, 1971)
Total payments -0- "
Remaining balance. $13,546.46
-The; . subject agreement was written against Drainage District .7E,
which, per .the attached memo, is currently in the red. Reimbursement ..
Agreement 70=D6 should still be .considered _active; however, it is.,
toward the end of the payoff line.
Richard Doolittle
Civil Engineer. Assistant
RRD:j"y
Attach. .
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�' CITY OF HUNTING ON BEACH
INTER-DEPARTMENT. COMMUNICATION
HUNTINGTON BEACH - -
To H. E. Hartge , From Richard Doolittle .
Subject Drainage District .7E Date January. 2; 1976
The following is a status report for the subject district:.
1. Total monies received $ 277;470,:54. .
2 . Total district .expenditures $ 333;]:75 64
Deficit $ . 557;.05:.; 1 .
1
3. Outstanding reimbursement agreements Balance . ,
R.A. #142 H.B.U,H.S .D. $ 48,992 .59
R.A. #143 Security Fore $ 9.1672.42
R.A. #146. H.B.U.H.S.D. $ 54,580:61
R.A. #69-D2 Security Fore -0
R.A. #70-D6 K & B $. . .1 . '•5°46-A
Total $ 1261 792..08.
4. Future Signal Landmark reimbursement agreements e
Tracts 7341 and 8,168 $ 185,700.00
Tracts 7869, 7870., 7871 . $ ..234,:000,00
Tract 8549 Unknown
5. Unpaid developed areas
Edison Community Park
Edison Fire Station
Edison- Right of Way Park ,
William Keyyler School (Site #12)400
R c r Doo ittle .
Civil Engineer Assistant . ,
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AtRElMBURSEVENT AGREEMENT REVENUE DETAIL
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Beginning Date - !
Source Date Amount Receipt -Remarks
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9-1.1-70
Ted Mullen
per. Eric.
Memo to Files K 6 B tracts 876 & 6576
An understanding was reached on reimbursement eligibility and pavment and credit
of Drainage Fees for the above Tracts as follows:
Tr. 876 Credit 600.Q0/AC for master plan construction
( 10.02 AC) Payment 600.00/AC for m.p. const. by Security Fore.
1 Payment 650.00/AC for pump station fees
3
Tr. 6576 Credit 1200.00/AC for master plan- const.
j (15.013 AC) Payment 650.00/AC for pump station
I
Total Fees credited to this storm drain are $18,015.60 + $6,012.00 = $24,027.60
x;ref 6;1W3�,�
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REIMBURSEMENT AGEEEMENT FOR
STORM DRAIN CONs'TRUCTION
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THIS' AGREEMENT entered into by and between the CITY OF HUNTINGTON
BEACH, a 'inunicipal. corp'oration, hereinafter for convenience referred to as
"City", and 'KENT LAND COMPANY, hereinafter for convenience referred to as
"Builder". ,X
WHEREAS, Bui..lder, pursuant to agreement with City has, at his own cost -
And expense, constructed storm drain, hereinafter referred to as facilities,
to serve Builder's subdivision Tract No. 6576 and adjacent properties in
District 7E and 7H, and said facilities have been constructed in conformity
with the plans and specifications approved by the .Director of Public Works
of City, and have been dedicated to City, and City desires to reimburse
Buff der for a portion of the cost of the construction of said facilities as
provided by the ordinance code,
NOW, THEREFORE, in consideration of the premises and agreements herein
contained, the parties hereto agree as follows:
Builder has constructed, at a total cost of. $37,574.06 a storm drain
and appurtenances to serve Tract 6576 and adjacent properties. (See
Exhibit "A" attached hereto and made a part hereof 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 $37,574.06 an
Less: Refund credited by waiver of
fee @ $600.00 and $1,200.00 per acre 24,027.60
Tract Acres Amount
See Exhibit "B" _
Net Refundable $13,546.46
No. 70-D6
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refund shall be made by City to Builder. until the birector. of. t't.ibli.chall certify .in writing, to the Cinance f)irector Chet Builder isd to a refund by reason of. connecti.onhaving been made to f.aci.litiesrdance with the Huntington Beach Ordinance Code, and that City hasd the fee for such connection.
City sh.Al.l not he liable for payment of refund by reason of its failure
to collect or receive from any person or entity the drainage fee. However.
City agrees from an administrative, legislative or quasi judicial procedure +•.
A
to protect the interest of developers, either individuals or entities. who is
i
have previously constructed similar facilities. by the collecting Fees,, either t"•
prior to or concurrent with the development, of any property served by the
facility constructed under this agreement. Tf a developer who develops property ►
served by the facility constructed by Builder is required as a condition of
development to construct additional facilities.' City may allow said developer
credit toward the per acreage fee consistent with this said agreement; and no r`
fees shall be due Builder by reason of such construction City further agrees
to furnish a copy of this agreement to the developer of any properties served
by the facilities described 'herein.
Ln the event. City does not require a developer to deposit the, drainage ;;
fee with the City prior to or concurrent with development, City will provide an
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agreement with said developer that said developer is obligated, not only to
the City, but to Builder, and to developers who have previously contributed
to the cost of construction of facilities constructed hereunder to deposit said
fee with City; and said agreement will further provide that in the event that it
becomes necessary to institute legal proceedings. either by ,the City or by
Builder or developers, who have previously contributed to the cost of such
facilities, to enforce the rights of the 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 attornev .fees for any of the parties.
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It is understood that the C11-y is not r.equire'd to institute legal
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Proceedings to prot-c!ct the interest of Lhe 'Bui.lder, but may do so.
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WITNESS OUR HANDS AND SEALS the day, month and year appearing below.
DATED thisday of F �R�p wu 19 f�_.
CITY OF RUNTINGTON BEACH,
a municipal corporation
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ATTEST;
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City {�
BU I LDE �f r ' %%/,f
KENT LAND C ANY
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APPROVED AS TO FORM
b.y
To sae c O
(Corporation)
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STATE OF CALIFORNIA
LOS ANGELES SS.
COUNTY OF I ;
On January 29, 1971 before me, the undersigned, a Notary Public in and for said
State, personally appeared James A. Hintz -
known to me to be the Vice _ President, and Paul L. Farber
known to me to be Secretary of'the, corporation that executed the within Instrument•
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named• and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board ••,•,•....,•........................ «-
of directors. OFFICIAL SEAL '
WITNESS my4I nd and official se '" CARLENE QUEISNER
' ^ '�d`'•. •' NOTAPr PUBLIC CALIFOPNIA
`1. iyJ PPINCIPAL OFFICE IN i
Signature COUNTY ANGELES
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CARLENE QUEISNER Notary Public-Cal. j........•,•„. _,.
J COMM.EXP.APR.23,1971•LOS AYCELES CO.
1 Name (Typed or Printed)
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K ,. Ted Mullen , r'
per Eric
Menlo to F1lt' V t h tracts 876 & 6576
An uAderstNndittz wa<; reached on reimbursem pt of igibility •and payment and credit
of Drainage Fe•e� for the above Tracts as follow fS Al'
red it 600.00/AC for mas er plan-construction ' .
( 1u.02 AC.? Payment 600.00/AC for s.p ton3t. by Socurity Gore
Payment 650.00/AC •for p station fees i,. .
1'r. 657i) t:redtt. 1x00.00/AC for .mo Oter plan eonst.
( 15:013 AC) Payment 650.00/AC for Omp atati.otl ,
'Cotal Fees credited to this storm drain are $18�015.60 ,+ $6,012.00 • $34,027.60
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�� ► CITY OF HUN'I'INGTCH BEACH
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INTER-DEPARTMENT COMMUNICATION.
HUNTINGTON BEACH
To Ben Arguello" From H. E. "Hartge
Finance Director ,
uy �; , -Subject Settlement Payment Date December:. 10 , 1976
r
l!`''rt, t Kent.-'.Land Company
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r ?;' r` " ;. Please prepare a check for $33 ,977 . 00 payable to Kent
- -Land Company, 10801 National Boulevard, Suite 204 , Los Angeles,
irk-•;e,r:.:i_ ;.
Califp_Kaia 90064 , as full. payment on Reimbursement Agreements
o.- 70-D , 69-S3 and No. . 114 .
The. payable amount consists of the following:
tr, 1. $8 ,434..00 on No. 70-D6 ,• Drainage District 7E-H. .'Payment .shall be made from the Dr ainage Fund Interest Income.
: 2. $190. 00 on No. 69-S3 , Balmoral Sewage Lift Station. .' "
_? Payment shall be made from the Sewer_ fund.
3. $25,353. 00 on No. 114 , Drainage District 7B. Payment
.: shall be made from the Drainage District. 7B fund.
-
^__'4_;: H. E.. Hartge
Director of Public Works
HEH:JWW:ae "
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City of Huntington. Beach�h
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
November 29 , 1976 . {�
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Honorable Mayor
and Council Members
City of Huntington Beach
Attention: Floyd G. Belsito
City Administrator
Subject: Kent and Company Claim Settlement
Reim ursement Agreements 70-D6,
69-S and #114`
Ir �
Dear Council Members:
Transmitted herewith is a resolution authorizing the
expenditures of funds for $33, 977. 00 .to Kent Land Co. as .full
payment on Reimbursement Agreements No. 70-D6 , 69-S3 and #114 .
. Kent Land Co. had filed a claim for $71,023.00 with three
causesof action for the subject. agreements. The $33 ,977. 00
is a compromise between Kent' s initial settlement offer of
$38, 924 . 00 and the City' s initial offer of. $25 ,353.00
The City Attorney has informed us. that the $33, 977.00 is
an exchange for a dismissal with prejudice for all three causes
of action and that the settlement is. in the best interest of
the City.
It is recommended that your Honorable Body approve the
settlement and authorize the payment of $33 ,977 to Kent Land Co.'
Very .truly yours ,
H. E. Hartg
: --Director of Public Works
HEH:JWW:mc
RESOLUTION NO. 4367
A RESOLUTION -OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH_ AUTHORIZING PAYMENT ON
REIMBURSEMENT AGREEMENTS NO. . 70-D6, 69-53
AND 114 TO KENT LAND COMPANY
WHEREAS, the City. Council of the City of Huntington Beach
adopted a budget for fiscal year 1976-1977 by Resolution No .
4270; and
Section 5. of said .Resolution No . . 4270 specifies the pro-.
cedure for authorizing expenditures from special funds; and
The Director of Public Works and. the City Administrator
have recommended certain expenditures, and the City Council
hereby approves said recommendation; and
A. lawsuit against the City of Huntington Beach. is pending
in the Superior Court of the County of Orange, . Kent Land Company
v. City of Huntington Beach, Case No. 248 110,_ and the Director
of Public Works, City -Administrator. and the City Attorneys
office recommend that it is in. the best interests of. the city to
settle such lawsuit, and through extensive settlement negotia-
tions with Kent Land Company a settlement amount .of $33, 977 has '
been agreed upon subject to approval of the 'City Council; and
Kent Land Company will file a dismissal with prejudice for
all causes of action against the city in this case,
NOW, . THEREFORE, BE IT RESOLVED by the City Council of the
City .of Huntington Beach that the following payments from the -
special funds set forth below are hereby authorized to be made
to Kent Land Company in exchange for filing a dismissal with
prejudice of Orange County Superior Court Case No . 248 110 :
1 . Reimbursement Agreement No . 70-D6, the sum of
$8, 434 from the Drainage Fund Interest Income..
2. Reimbursement Agreement No . 69-53, .the sum of $190
JG:ahb 1•
from the Sewer Fund.
3 . Reimbursement Agreement No . 114, the sum of $25,353
from Drainage District 7B Fund.
PASSED AND -ADOPTED by the- City Council-of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of December, 1976.
Mayor
ATTEST: APPROVED-AS TO FORM:
City Clerk City At r.ROVED
REVIEWED AND APPROVED: INITIATED AND AS TO
CONTENT:
Ci b0 Administrator -
2..
Ro_ No. 4367
STATF: 'OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, .ALICIA M. WENTWORTH, ..the duly elected, 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 6th day
of December , 19 76 , by the following vote:
AYES: Councilmen:
Bartlett, Pattinson.- Coen, Siebert,- Shel3kman, WJAdPr
NOES: Councilmen:
None
ABSENT: Councilmen:
Gibbs
�Gflf"
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
WHITE-CITY ATTORNEY CITY.O.F HUNTiviGTON BEACH. "
BLUE-CITV"CLERK No.
GREEN--CITY ADMINISTRATOR
CANARY-DEPARTMENTAL ,r•,...�.wr. REQUEST for ORDINANCE or RESOLUTION
D:ue Request made by Department
11-24-76 John Whipple . . Public Works
INS'ritUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council
Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. Ina separate
paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must
be cleared and approved by the Director of Finance before submitting to City Administrator's Office.
Preparation of an WR 1��MSr Resolution is hereby requested:
Authorizing the expenditure of funds in the amount of $33,977.00
to Kent Land Company as full payment on Reimbursement Agreements
-No. 70-D6, 69-S3 and No. .114.
The payable amount consists of the following:
1. $8,434-. 00 on Reimbursement Agreement No. 70-D6; Drainage
District 7E-H. Payment shall be made from the Drainage
Fund Interest Income.
2. $190. 00 on Reimbursement Agreement No. 69-S3, Balmoral
Sewage Lift Station.. Payment shall be made from the
Sewer Fund.
3. $25,353. 00 on Reimbursement Agreement No. 114, Drainage
District 7B. Payment shall be made from the Drainage
District 713 Fund.
Desired effective date Signed: Approved as to availability of funds
12-6-76
�G— D'rcctor of Finance
City Attorney — Please prepare and submit printed copies to this QKc by: %
City Administrator
TOPIC FILE NO.
LEGISLATIVE HISTORY RECORD
DETAILgel
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DATE ACTION OF COUNCIL OR BOARD - MINUTE BOOK
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FILE NO. TO IC
1