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HomeMy WebLinkAboutNelson B. Reames - Reimbursement Agreement 150 - Drainage Di TOPIC PILE NO. LEGISLATIVE HISTORY RECORD DETAIL DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK 7 I VOLUME PAGES 24 _ • 257- �34 60 �z FILE NO, TOPIC i RESOLUTION NO. 3424 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM DRAINAGE DISTRICT NO. 3 WHEREAS, the City Council of the city of Huntington Beach has adopted a budget for the Fiscal Year 1471-72 by Ordinance No. 1651, and WHEREAS, Section 5 of said Ordinance No. 1651 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and i WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and R WHEREAS, the City Council hereby approves said recommendations, + BE IT 'THEREFORE RESOLVED that an expenditure in the amount of One Thousand I Three Hundred Twenty-three and 96/I00 dollars, ($1,323.96) is hereby authorized to be made from the Drainage District No. 3 fund. Fund payable to Nelson B. Reames per Reimbursement Agreement No. 150. PASSED AND ADOPTED this 1.7th day of January , 1972. ' I i I Mayor ATTEST: y City pf.:1 r I i i R6SQl.ltl'I11?: titi. �7���. A RESOLFTION OF THE CITY COUNCIL OF 7HE CIZY OF HVNriNGTO1 BEACH AUTHORIZING THE sXPEC:DITURE OF MONEY FROM THE DRAINAGE DISTRICT NO. 3 FUNDS, WHEREAS, the City Council of the City of Huntington Beach has adopted a budget the Fiscal Year 1970-71 by Ordinance No. 1585. G and A' 61HE\EAS, Section 5 of said Ordinance No. 15-i5 provides the p-actdrre for authorizing experditures from the several Special Funds ^entioned in said Section 5. and WHEREAS, the Director of Public Works and the City Administrator ns•:e recommended as expend:bj re, and 5 IYHEREA.,, the City Council hereby approves said recommendations, ZI" BE IT THEREFORE RESOLVED that an expenditure in the amount of One Thousand One Hundred Thirty-four and 60/100 dollars ($1,134.60) is hereby authorized to be made from the Drainage District No. 3 fund. Fund payable to Nelson B. Reames for Reimbursement Agreement No. 150. PASSED AND ADOPTED thi; 19th day of October , 1970. �-` A Mayor AT-TEST: JZa: City rk ,. + A' RESOLu`'TION NO, 3fii�,f,+ . A RESOLUTION, OF ll1E'C TY COUv£1G OF THE CITY OF �YIUNTINGTON BEACH tal6TliO11 ZINC THE i:RE'ENl)iT3E OF MONEY FROM THE DRAINdCE-AREA 3 FUND, ;.WHEREAS,` the City Council of the city of Huntington Beach has adopted ,a_,budget for the Fiscal N'ear 1r.-l•-70 by, Ordinance No. 1508. . and n WHEREAS, Section,5:o£ said -Ordinance No, 1508 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and W14EREAS, the Director.of Public Works and the City Administrator v have recommended an expenditure, and } WHEREAS, the City Council hereby approves said recommendations, ' BE IT THERLFORF RESOLVED that an expenditure in the amount of Nine Thousand Seven Hundred Thirty and 11/100 Dollars ($9,730,71) a is hereby authorized r_o. be made from the Drainage Area :', fund. Fund F payable to Nelson B. Reames, for work performed per Reimbursement Agreement No.' 150. ADOPTED thi:4 21st:3ay of July l969, 40 R• //' is � ; � l:�;y' r the C_Lty a� ;unti.n�t�r 6eaett M I ATTEST: Ck City . e�of th ✓ of Huntington Beach d 8 r�+ � rE •, ly y; 9.yp •t + ',~Aa ^-.'' � �� ,,raa_:g3"�;.o&':,.-`mow s January 20, 1972 Nelson B. Reames 10441 Beach Boulevard Stanton, California 90680 Subject: Reimbursement Agreement No. 150 Drainage District No. 3 Final Payment Dear MT. Reames: Transmitted herewith is a check for $1,323.96 as final payment of Reimbursement Agreement No. 150 in Drainage District No. 3. This amount has been collected from drainage fees within this district, and is the full balance due you on this agreement. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer JRWtElLiMae Trans. J� City o Huntington Hunti ton Beach P.O. BOX 100 CALIFORNIA 026M ENGINEERING DEPARTMENT r January 10, 1972 f s Honorable Mayor and City Council City of Huntington Beach Attention: Brander Castle Acting City Administrator Subject: Reimbursement Agreement No. 150 Construction of Master Planned Storm Drain - District No. 3 Gentlemen: Nelson B. Reames constructed the subject storm drain. Fees 'in the amount of $1,323.96 have been collected from developers who have connected to this line and said sum is refundable to the developer per the conditions of the agreement. This amount is full balance of this agreement. Transmitted herewith is a resolution requesting that sum be reimbursed, the check be made payable to Nelson B. Reames, and the check be returned to this office for transmittal. Very truly -yours, - -Tis-c.i:Qr James R. Wheeler Director of Public Works w� JRW: :a e Trans. cc: Finance Dept. Ir City of Huntington : Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT January 10, 1972 Honorable Mayor and City Council City of Huntington Beach Attention: Brander Castle Acting City Administrator Subject Reimbursement Agreement No. 150 Construction of Master Planned Storm Drain - District No. 3 Gentlemen: Nelson B. Reames constructed the subject storm drain. Fees in the amount of $1,323.96 have been collected from developers who have connected to this line and said sum is refundable to the developer per the conditions of the agreement. This amount is full balance of this agreement. Transmitted herewith is a resolution requesting that sum be reimbursed, the check be made payable to Nelson B. Reames, and the check be returned to this office for transmittal. Very truly yours, James R. Wheeler Director of Public Works JRW:TK:ae Trans. cc: Finance Dept. OFFICE MEMORANDUM TO G f Date From 7,-4 f In Re r�Z � r _ October 22, 1970 Nelson B. Reames 10441 Beach Boulevard Stanton, California 90680 Subjects Reimbursement Agreement No, 150 Drainage District #3— Dear Mr. R+eamess Transmitted herewith is a check for $1,134.60 as partial D payment of Reimbursement Agreement No. 150 in Drainage District No, 3. This amount is all that has been collected from drainage fees within this district. The balance still owed you on this agreement is $1,323.96. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer ' JRWsEILsTMamp Trans. ces Nat Neff Engineering Company Attns Ray Mercado City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT October 12, 1970 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Reimbursement Agreement No. 150 for Construction of Storm Drain Facilities in Drainage District No. 3 Gentlemen: Nelson B. Reames constructed the subject storm drains. , Fees in the amount of $1,134.60 have been collected from developers in this district and said sum is refundable to the developer per the conditions of the agreement. The remaining balance in this agreement will be $1,323.96. Enclosed is a resolution for this reimbursement. It is. requested that sum be reimbursed, the check be made payable to Nelson B. Reames, and the check be returned to this office for transmittal. Ver truly yours, ames R. Wheeler Director of Public Works JRV.TM:ae Encl. cc: Finance Dept. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT NO. 3 FUNDS. WHEREAS, the City Council of the City of Huntington Beach has adopted a budget for the Fiscal Year 1970-71 by Ordinance No. 1585, and WHEREAS, Section 5 of said Ordinance No. 1585 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and. the City Administrator have recommended an expendfture, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in. the amount of. One Thousand One Hundred Thirty-four and 60/100 dollars ($1, 134.60) is hereby authorized to be made from the Drainage District No. 3 fund. Fund payable to Nelson B. Reames for Reimbursement Agreement No. 150. PASSED AND ADOPTED this day of , 1970. Mayor ATTEST: City Clerk .r 9— July 25, 1969 71 "0' 41 Beach Boulevard Stanton, Gali-Al'ornia 906-80 Subject;: Reimbursement Agreement No. 150 Drainage Distr_ict No. Dear Mr. Reamoe; Tranvai 11red herewith is a check for VPQ,,730.'1'7'1 as partlial payment of Reimbursement, Agreement. No. 150 in Drainage District No. 3. This amount is rd! thtit has been collected from dxii.inage. fees Nurithin this district. The balance still owed you on this agreement is Very truly yours, James R. Wheeler Director of Public Works H. E. Rai r".ze wity Engineer JRWHEHiTH*aye Trans. cc i Nast: Neff Engineering Co. At 311ay Mercado AEI BU SEVENT AGRi _;`1ENT Drainage Area 3 THIS AGE ,,ENT, dated this 21st day of December, 1967, by and BETWEEN CITY OF HU;.INGTON, 8-,'ACH9 a munic� corporation, hereinafter for co:-.venience referred to as, CITY Afi�I3 N SON B. REAM ES 9 10441 Beach Boulevard Stanton, California, 90680 wITNESSETH WH JiEASs Developer has filed an application with the City of Huntington Beach for construction of facilities in conjunction with the development of Tract 50399 as delineated on the im rove- ment plans for Tract 5039, in draine�e area Ito. 3; and i11'H :-i: AS, Develop ex h�.s at his own cost and ex_ense con- structed said work all in cor:formity with the plans, s_ ecifica_ tions and provisions. as ev-proved by the Director of ublic `,orks; end y i �:AS, Developer is entitled to reimbursement for the work -performed fbllowing the co-nstruotion of these works., said reimbursement to be.made as agreed herein. NCW, in eonsiderstion of the I-remises and the agreements herein contained, the parties agree as follows : the work herein described hvs been completed by e t be Developer, to the full srtisfCction of the Director of }ub.. lic =aorka and has been acceLted by the City of !untin�ton Beach. Developer is e.ntiticd to reimburse:ient for drainalse fees j.eid r t ta.e tir:.e of development of lands tributary to this storm drain; :gore specificolly, but not limited to drainan;e fees based on Area 3 at the reto of -930 acre. ( ofer to :•;xhibit ' ' a*tach- ed hereto for area served. ) 2. Taat the facility cot-stfucted by ;Jevelo ;-- r in ;,r<aln- aL;e area NO, 3 for which refunds are hereby r'.Z;reed to be .)aid Is: The storm drein charnel end a-w.rurte.,unnees adjacent to Trsct 5039. 3. Th. --t the cost to. Developer for this facility was 19*536.27. 4. •Thf- to the Developer ' t the request of ,and in the oeot interest of he City has constructed this facility sized to City requirements, and for which the City has a6reed to :aartici- pete in the ai:ount of NONE. 5. T h t t`:e refund to ce id the Developer under this a.--ree,lent is as follows: :refund by credit of dr-:,Ir,----e fee 'or -ract 5039az. 7-90 acres 930.00 �:er acre = 79347.00 :yet } efundeble 12013-9.27 6. Th:;t refund shell be msde by the Director of Finance of the City of ;,iuntin-ton Beech upon certificction by the Direct. or O: public '..:,orks, to the Developt r as the i-.ork progresses to the extent t'.^_at funds are available from draina ,e fees collected for service by this facility. 2. r 7• 7• If additional users , ,:rticlpeto in draim.;:�;e facili- ties in dreina;�-e area No. 3 in- the future, the drainage fees they, pay will be distributed to these individuals or entitle$, that have previously c©ntributed to the cost of the draing in propor- tion to the cost borne by each such Individual or entity. so City shall not be 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 administra- tive, le-islative or quasi judicial procedure to protect the in- terest of eloper,, either individuals or entities who have pre.. viously constructed drainage facilities, by the collecting of droinaf,e fees, either ,prior to or concurrent with the a,-, roval of any final Laps within the drainage area, if a developer, who is within the drainage area, is required, as a co- ition to :he ap- proval of a te4 to tive or a final fra p to construct dral.nar a facIlw- ities within the drainage area, City may allow said developer credit toTqard the ^er acreage fee co.,,sistent with this so id a6rc.e- ment; City further agreees to furnish a copy of this agreement to the devolc pE_,r of any properties in the draine 6;e ' area.. g• In the event City does not require a developer within the drainage area to de..,osit the drainer; a fee with the pity o rlor to or concurrent with the approval of the tentative or final map, In t ?at event City will provide in any a6ree ant with said level ofer that geld' developer is obligated not only to the City but to the developer, individuals,. or entities who have ,previously contrib. uted to the cost of construction of drainage facilities within the drainage area; said agreement will further provide that in the event that It becomes necessary to institute legal __roceedings, either by 3• r the City or. b the developer who has previ©us17'contributed to the cost of, drainage facilities to eixforce the rights of the parties thereunder that the prevailing; party shell be entitled to reesonBble attorneye fees; provided, h6iieVer, that the -City shall not be required to pay the attorneys fees for any of the parties. 10* In the event City dust eoz=strum additional drain- age facilities within this dralnne6e area to allow further devel- opment within the arba to proceed, City may use funds available from drainage fees collected within drainage area No, .3 for eon.. struotion of, the additional drainage facilities prior to fulfill- ing the herein stated reimbursement,. 110 It is understood that the City is not required to institute legal proceedin;s to protect the interest of the de. velop. r, but may do so, I 1 DATEDt '1 G Q BUILDER CITY OF MMINGTON BEACH, ' 3 a mupicipal corporation BY oe- s en 6 89 ( . T rOR Pao ram 6 7 ATTEST: 8 city P20rk 10 .APPROVED AS TO FORM: 11 - 12 13 • MY Attomy muumnnwennmmnamuurmutnnuunnmmnmmtauw� MELWOOD A. BERRY 1* NOTARY PUBLIC CALIFORNIA STATE OF CALIFORNIA tde , PRINCIPAL OFFICE It, 16 COMMY OF ORANGE � � ORANGE COUNTY i My mission Expires June 13. 1970 16 l On thi s of lnnn '"�°; 1'e me, t a o 1 0, 1e 17 said oun a e, PePawa ®known to me to be the 18 mown to me to be the Ci ClorY o e a o on 19 Beach, a mmioipal corporations the corporation that eseon the witin instrument and acknowledged to me that they e=eented said instrument on behalf of each oipal oorporatione so d STATE OF ^a�ifccnia - OWNTY OF Hagemher. ZBlh 67 f ''before_me, the undersfgW,-.e-Wot 6'-Public .m and fit qid aSt y a eared i R'ealiea I • . .. - '.f.• -... -. •.- .'.' - s �, �- . Z -- NRle�11 t�ma { i 1 r, t0 be.tbe,perSOtl. Wh0ffi:n8ltle-- ' cUlbe�t0 tyWIt�IIN-flIStMIeRt } RUTH NO M�CItFFREY ' a>ngat�crlowledged to:n>e tMt-=he_rezeatted fhe same LefORMA ; WIMEM my hoed and oflidal I. r. ®Nie1Coft 4WFiCE IN ii ORAWA COUNTY .................. .....,, .,.W........ IT TRUTH. M. McCA Notary PuElic in and faMMM.9_. _ r4 MWUI-wry—WoIcotts Form 231—Rev.344 wow 1