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Home My WebLink AboutUnion Oil Company - Reimbursement Agreement 107 - Water Main TOPIC 1�'YQ FILE NO. LEGISLATIVE HISTORY RECORD DETAIL DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 1 -L -b4 E .c�►.�-cam 4SG 2-1 S-17, '2240.ZS � t TOPICFILE NO- to STATEMINT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California + Monday, November 5, 1973 Mayor Matney called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Shipley, Bartlett, Gibbs, Coen, Duke, Matney Councilmen Absent: Green CONSENT CALENDAR - (ITEMS APPROVED) On motion by Coen, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green FINAL REIMBURSEMENT - UNION OIL CO OF CALIFORNIA - REIMB AGRMT #107 - Authorized final reimbursement in the amount of $2,240.28 to Union Oil Company of California for the construction of offsite water main at Algonquin Street and Heil Avenue, per Reimbursement Agreement No. 107. On motion by Bartlett the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:20 P.M. to Monday, Nov. 12,1973 at 5:30 P.M. in the Administrative Annex The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California. Alicia M. Wentworth Jerry A. Matney City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach) I, ALICIA M. WENTWORTH, the duly appointed, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 5th day of November 19 73 WITNESS my hand and seal of the said City of Huntington Beach this the 8th day of November , 19 73 Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY 44c Deputy Union Real Estate Did�',in Union Oil Company of California Union Oil Center, Box 7600, Los Angeles,California 90051 Telephone (213) 486-6447 ' 57317 union W. H. Cotrel Manager, Property Services October 30, 1973 City of Huntington Beach Director of Public Works P. 0. Box 190 Huntington Beach, California 92649 Attention: Eric I. Lovejoy Re: Reimbursement Agreement #k107 Watermain, Heil Avenue Gentlemen: In your letter of February 15, 1973, you indicated that the City Council had approved the extension of the subject agreement. At that time, you enclosed your check in the amount of $4, 090 covering fees for connections to this line. .Our purpose now is to determine if additional connections have been made to this line. Please review this matter and forward your check covering any fees collected from developers connecting to this line since February 15, 1972. Very truly yours, W. H. COTREL BY u � J. P. Tullius JPT:rp cc: Mr. A. R. Hauck Mr. E. J. Schmidt (Santa Fe Springs) f ` Ndveytiber 1, 1973 Union Real estate Division Union. Cii. Company o alifcrnia Union Oil Center, Box 7600 Los Angeles, California 90051 Attention,. N. H. Cotrcl Subject: ??eirrabnrse ent agreement 0107 Gentlemen: e advised that payment of $2,240.28 constituting the balance of the subject agreement has been requested of the City Council. Action on the request is on the agenda for November Sth City Council meeting. If approved, payment will be made within two weeks of Council aotion. Vary truly yours, H. Z. Harte Acting Director of Public Works and City Engineer HER DCsae City of Huntington Beach P.O. BOX 190 CALIFORNIA 97.648 ENGINEERING DEPARTMENT October 10, 1973 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Reimbursement Agreement No. 107 for Construction of Offsite Water Main at Algonquin and. Heil Gentlemen: Union Oil Company of California _ constructed .the subject water main. Fees in the amount of $2 ,440.28 have been collected from developers who have connected to this line and said sum is refundable to the .developer per the conditions of the Agree- ment. . This payment constitutes the remaining balance on this agreement. It is requested that sum be reimbursed and the check be made payable to Union Oil Company of California. Very truly yours, -4. E. Hartge . Acting Director of Public Works and City Engineer HEH:TM:ae February 15, 1972 Union Oil Company P.O. Box 7600 Los Angelesv California 90054 Attentions Wayne Hunt Production Division Gentlemen: The City Council approved the extension of your Reimbursement Agreement No. 107 (water main Heil Avenue) for a period of five (5) years. Enclosed is a check for $49090.00 which Is the amount of fees collected from developers connecting to this line since your last reimbursement. The remaining balance on this agreement is now $29240.28. Very truly yours, James R, Wheeler Director of Public Works Eric 1. Lovejo, y Division Engineer JM,EIL:TMgae Encl. City of Huntington Beach P.O. BOX 190 CALIFORNIA. 92648 ENGINEERING DEPARTMENT January 31, 1972 Honorable Mayor and City Council City of Huntington Beach i Attention: Brander Castle Acting City Administrator Subject: Reimbursement Agreement No. 107 for Construction of Offsite Water Main at Algonquin d Heil Gentlemen: Union Oil Company of California constructed the subject water main. Fees in the amount of $4,090.00 have been collected from developers who have connected to this line and said sum is refundable to the developer per the conditions of the agree- ment. The remaining balance on this agreement will now be $2,240.28. It is requested that sum be reimbursed, the check be made payable to Union Oil Company of California, and the check be returned to this office for transmittal. Ver truly, yours, J a es R. Wheeler Director of Public Works JRW:TM:ae Page #3 Council , _.nutes - 1/17/72 Ate: Councilmen: Bartlett, . Green, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs k ABSTAIN:Councilmen: McCracken DEDICATION OF IMPRO EMENTS-TRACT NO2 6 2S-WM. LYON DEV. CO.-APPROVED . . e Clerk presented a communication from The 5irector of Public Works recommending acceptance of dedicated improvements, authorizatioh' for release of the Monument Bond` only, and termination of the Three r Party Agreement in Tract No. 6528 - William Lyon Development Company Mayor McCracken requested and was g, red permission to abstain from voting on the matter due to a confli of interest. 4 On motion by Green, Council accepted mprovements dedicated for lie use in 1$oact No. 6528; authorized the release �,f the Monument Bond only, and termination of the- , eM-Party Agreement and directed that the developer be notified by the City Clerk, and the bon. g company be notified by the City Treasurer of the termination of this bond. The motion was passed by the foldowing roll call vote: w AYES: Councilmen: Bartlett, Green, Matney, Coen NOES: Councilmen: None k ABSENT: Councilmen: Shipley, Gibbs ABSTAIN:Co cilmen: McCracken REQUEST - QCTENSION OF REIMB. AGRMT #l07 UNION OIL - APPRO z rs�a�m.� r rr.r rsswr�ssrp�rri r _ — > a The Clerk presented a communication from the Director of Public Works informing Council of a request from Union Oil Company for a five year extension of Reimbursement Agreement No. 107 - water main on Heil x Avenue east of Algonquin Street. The Director of Public Works informed Council that he recommended approval of the request for extension due to the extremely slow de- velopment in the area served by these facilities. . On motion by Green, Council approved the recommendation of the Di- rector of Public Works, and granted the request from Union Oil Com— r pany for a five year extension of Reimbursement Agreement No. 107, by the following roll call vote: AYES: Councilmen: Bartlett, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs BID AWARD - TRUNK WATER MAIN - CC-184 - SULLY MILLER The Clerk read a communication from the Public Works Department stat- ing that bids for Project CC-184 - Trunk Water Main had been opened at 10:00 A.M. , on Monday, January 17, 1972, in the Council Chamber, by the City Clerk, City Attorney and the Director of Public Works, and that the firm of Sully Miller Contracting Company. Long Beach, California, was the low bidder with a bid amount of $418,905.00. The Director of Public Works recommended that Council award the bid. to Sully Miller Contracting Company, Long Beach, California, a:1d re- ject all other bids. The bids submitted were as follows: Sully Miller -Contracting Coo , Long Beach 18 9 91-0 5.00 From t. Desk of: gI LL H AQTG E per{/ 7.57 Cyr l ` 7j ��/cam�i•l /Q-.z/-GG l� `� '�B•ih4� • City of Huntington Beach (r+mil P.O. BOX 160 CALIFORNIA 62648 ENGINEERING DEPARTMENT January 10, 1972 Honorable Mayor and City Council City of Huntington Beach Attention: Brander Castle Acting City Administrator Subject: Request for Extension of Reimbursement Agreement No. 107 to Union Oil Co. Water Main on Heil E/Algonquin Gentlemen: Request for time extension to the above agreement has been made by Union Oil Company. In view of the extremely slow development in the area served by these facilities, this department recommends that an extension of five years be granted. Very truly yours, James R. Wheeler ��jj Director of Public Works al JRW:TM:ae r �� tee:,-Cal RESOLUTION NO. A RESOLUTION ON OF THE CITY COIINCI C, OF THI? CITY OF HUNT I NGTON BEACH AU`I'HOli l'ZINC THE OF MONEY FROM URA[NACU U I STR I.CT NO. 3 WHEREAS, the City Council of the city of Huntington Beach has adopted a budget for the Fiscal Year 1971-72 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 WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of One Thousand Three Hundred Twenty-three and 96/100 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 day of , 1972. Mayor ATTEST: City Clerk — — ------ ---- --- Union Oil Company c�31ifornia Union Oil Center, Box 7600, Los Angeles, California 90054 Telephone (213) 482-7600 } ,. f� t h57317 uni76n c Fred M.Anderson., 4 January 3, 1972 Director , Corporate Real Estate' r i G City of Huntin Beach Civic (Center 1 H untingto achp California Atten' ox Air. James R. Wheeler t irector of ?public Works i t ` r Gentleman In 1964 this company constructed a water line in Heil Avenue. f from Algonquin Avenue easterly for a cost of $1.1,025. 31. Pursuant to Agreement. 107 dated Qct6ber 20, 1964 between. City (5f °Huntington :Beach and Union Oil, Cortpanye it was agreed that Linder Chapter 35, of the Huntington Beach Ordinance Code union would be entitled toreimbursement of 90 of this amount. less 'credit for waiver of connection fee of $442.50 leaving a net balance of $9, 480. 28.Thi ' sur would be from fees received.. by -City from connection$ !ma.de to the line by 'others. As development began in the area in the latter pert of 1969 we received a refund of $ ,1 0 prior to the end of the five year period for reimbursement. Frain the tithe of waterline construction in. 1964 to 1969 there was relatively little development along Heil. Avenue as the area in general was devoted to. bean fields and dairy feed y ar . . Nowever follow ing this dormant period of almost; five years, development then began in earnest . In view .of this, we would appreciate your review'.of the situation giving consideration to an extension of time beginning for example with the start of f City of Huntington Beach January 3, 1972 Page 2 development in 1969 and extending to 1974 or until our costs are recovered, whichever occurs fire. Very truly yours, FRED M. ANDERSON By Charles L. Xoun Supervise Public Agency Projects CLYopm I ' cc D. S. Henley ,Santa Fe Springs , H. E. Hartge -� City of Huntington Beach V City Engineer Union Oil Company 'alifornia Union Oil Center, Box 7600, Los Angeles, California 90054 Telephone(213) 482-7600 union 57317 Fred M.Anderson January 3 , 1972 Director Corporate Real Estate City of Huntington Beach Civic Center Huntington Beach, California Attention Mr. James R. Wheeler Director of Public Works Gentlemen: In 1964 this company constructed a water line in Heil Avenue from Algonquin Avenue easterly for a cost of $11,025 . 31. Pursuant to Agreement #107 dated October 20 , 1964 between City of Huntington_ Beach and Union Oil Company, it was agreed that under Chapter 35 of the Huntington Beach Ordinance Code Union would be entitled to reimbursement of 900 of this . amount less credit for waiver of connection fee of $442. 50 leaving a net balance of $9 ,480. 28.This sum would be from fees received by City from connections made to the line. by. others. s development began in the area in the latter part of 19A69 we received a refund of $3,150 prior to the end of the five-year period for reimbursement. From the time of water line construction in 1964 to 1969 there was relatively little. development along Heil Avenue as the area in general was devoted to bean fields and dairy feed yards. However, following this dormant period of almost five years , development then began .in earnest. - In. view. of this, we .would appreciate your review of the situation giving -consideration to an extension of time beginning for example with the start of City of Huntington Beach January 3, 1972 Page 2 development in 1969 and extending to 1974 or until our costs are recovered, whichever occurs first. Very truly yours, FRED M. ANDERSON By Charles L. Young Supervisor Public Agency P "jects CLY:pm cc: D. S. Henley -- Santa Fe Springs H. E. Hartge -- City of Huntington Beach City Engineer ' 4 Union Oil Company of California 4848 W.Pico Blvd. Los Angeles,California 90040 Telephone(213)933-5751 l < G It f 1,. Ys Jack W. Bailey Production Engineer West Los Angeles Area 77 1 M P O R.T A N T! oo00o000o0 To �l�J Date While You Were Out Mr.- of— Phone TELEPHONED EASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH Message �� ---_� �- 7, � iiy Operator y f h I, i September 170 1970 I Union ail Company P.O. Box 7600 Los Angeles, California 90054 Attentions Joe Damasius, General Accounting Room IM-13 ,r , Subjects Reimbursement Agreement #107 Water Mein on Heil Avenue E/o Ugonquin D, Gentle ens Per the terms of Agreement #107 and Chapter ji"of the Huntington Beach Code, all refunds due your company within the S year period, have now been made. This agreement is now terminated and the account is closed. Very truly yours, James R. Wheeler Director of Public Works H. E. Hartge City Engineer JRWSHEHsTMsmp January 15, 1970 urloo Oil covany of Callfor i P.O. Box 7600 Los A �bl , CaLifornia 90OU AtteUti*'z Ways Hunt Produetton Division Enclosed a cbeelt for , 47.64 for rat � an both agreements that Union Oil Company has with this City. . Agreement No. 1;19 In the ata6nt of ,197,64, with the Marketing division of youp, ompvxyt is reimbursed in 01 lull l az' * Agreement . 107 i „ rreim azr eO for.,,fees �k�ea� teed, n from Tract: 5144 an4 61311, an amount equal to 3,L-50. �. leaving balance remaining of $69330.28 on the Heii- i sequin water line. t James as Wheeler Director of Public Works Division Zinginoor eel Union Oil co. of Calif. December 151, 1969 Honorable M- yor and City Council City of Huntington Itch Attention: Doyle Miller City Administrator Subjects Reimbursement Agraemt No. 107 Construction Off-site Water Plain at 4541 Hail Ave. GenUmens Union Oil Company of California constructed the subject water wino Fees in the mount of $3,150.00 have been col- lected from develoVers who have connected to this line and said scree is refundable to the developer per the conditions of tM agreemnt. If the above mount is reLmburseda the balance rwainisa would be $69330.28. It is requested that sum be rebbursadp the eback be made payable to Union Oil Cmpany of Califorzdae and the ch-nck be gatumed to this office for transmittal. Very truly yourso .B s Ro k`t elor _ Directog saf e'cc,blic &t®r"ks cc: finance Dept. f OFFICE MEMORANDUM To Alle, Date 1,2— IS— From �/I In Re ZL f 0 7 A(/, as/ hrls�fc wn- r of REIiiBMEMM Ate NT THIS tt3�EFAMATT date d this, day of 19642 by and CITr OF RUNTINMON MACH a auxticipa 1. torpotation hereinafter for conveen- ism*, referred to an* CITY UNION OIL COVANT OF CALIFOMU BUILDER W I T B B S S E T M. i MA.Sy Wilder has tiled with the Director of Publi o Yorks of the City of Rteatineton Boacle for the extenlsion of a w4ter main snd connection thereto for 4SI Boil Avon m► VNRF ,r I3 Builder has entered into an agveement with the City of 1kntington Beach relating to performing the ueosseary work in the construction of said water line; and 111MAS, Builder has agreed, at big perk Coet'L and expense to construct and build said cuff-sine water faoi lity all in conformity with the plans# specifications and provisions as approved by they Director of Publ.io Worka and MMASp the construction of said water line shall be in conrormi.ty with the 1kntin ton L" h Ordinance Cade„ none particularly CbaFtor 35'relating to water,, and at the completion of said construction and upow a0coptance br the Director of Public forks as being in full conformity, with the plants aired specific&- tions approved by said Director of Public Works, shall be dedicated by the Builder to the City of Huntington Beaachi and �s Number 107 �i f ,rl t o ay they Builder shall be entitled wader said sections of the Huntington Inch ordinance Code' after such construction and dedloation,oaf said water facility to refunds from connections by others to said water facility; Nam' ` . in c on lftrati on of the premises and the agreements s aerei.n contained, the parties agme its follows,* 1. That upon car letion of ttae conotruct;ion of the facility t*rai. after° described by the Builder to the full satisfaction of the: Director of Public Works and on its dedication to the City of tfuntingt;on oh,, alder shall he entitled to refund from commotion fees. received by the City of Huntia ton Beach for connections made to said hereinafter r described facility in accordance with the pr6visi ins of Chapter 35 of the Nuatington Beach Ordinance Cod 's 2. rhe facility constructed try Builder and fear which refunds are: heivbv armed to be ;*id to Builder is described as follewds Qf°fsitt tail Avenue - .froo 2811 east of Algonquin to 1,5051 easterly* OwmrsUe': Hail,,A nue •- frca 8 e oQst of Algonquin to 1951 easterly. sterl;y. :3. Wilder does hereby ackacwlodge that fie has received A refry in the farm of a credit in the aiwount of g'.LO ...» by vaivr of conneation fees. 4. That .the cost to tl,,A Builder esr for the oonstwructi on of said facility is the sm of 114 .' l ,_,,.,,• 5. 'the refund to be peal to the Builder under this.Agreezent Is as follows; Total UountA Refundable under Chapter 35 90 x 11. 02 .31. wS 9,922.78 ass: Refund. credited by waiver of fee on connection to W. 0 Net Refundable 9 t 80-28 2; 1 10 6. No r+ef'und payment shall be 'Mad by the Clerk of the City of l iti ton ' h to , ild*r until the Director of Public Works shall, have cortlf"iod# in writing, to the City Clerk that Builder is entitled to a refund for a specific connection having previottiV` been made to this particular facility in accordance with Chapter 35 and the City has received the fee for such connections 7. City shall not be liable for payment of acefuiad by reason of its failure to colt or receive from any person or entity the water fee* However# City awes from an adm nistr ative, legislative, or quasi judicial procedure to protect the interest of Builder,# either individuals or entities„ who have previously constructed water factlitiesj, by the collecting of the water fe ssp either prior to or concurrent wdth than development of properties es ervr.ced by said facility,. if a builder who is developing party which will be served by the facility described he 3.n, is required required# as a. condition to thedevelopment of said property to construct water facilities, City may allow said Builder credit towards the per acreage :foe consistent with this said agreements City further agrees to f rei oh s copy of this agreement to that developer of any properties being saerwA. by the facility to which` builder in subject to, refund under this agresseht. 8. In the event City, does not mquirae a builder to deposit the water fare with the City prior to or concurrent with the deva nt, of propewtiess in that event City will; provide in aiky agreement with said builder that said builder' is obligated not only to'tbee City but to the bui.ldor, individuals or entities who have previously contributed to the cost of Con s'ruction Of the water facilities; said Agreement will further provide that in the event that it becomes n essseary=.tag institute legal proceedings,, either by the City or by the builder who has previously contributed- to the cost of water facilities, to enforce the ri..gbte., of than -parties there urd+er„ that the .reva Urk party shall be entitled to reasonable attornayee fees; provided hove Ter that the City shall not be require to pay the attorneys fees for any of the parties 3+ _ IMPORTANT! ` ----- — -- - - ------_ — — To �'�/� ---�— Date- -while/ Trine I -Yoa _e;e Oat Mr. I i --- of Phone- 417? TELEPHONED EASE CALL -- - -- - -- - -- - - CALLED TO SEE YOU WILL CALL AGAIN - - WANTS TO SEE YOU RUSH Al essageleg - -- -- ------ - l �,, zoo ► - Operator _ -- - 9# It its understood th4t the City is note.required to institute Segal proceedinZs to protect the interest of the builder# but may do so. Dated;C� L��G� to • CITY OF HUNTINGTON BEACH A municipal corporation, Y. City Clerk APT'I VED AS TO FORM: M. MUY Ittatney BUIMER. Union {>i.l CaVany of California By Y� STATE OF CALWORNIA, SS. f a ozZ County of Lns Angeles a A a v o ON ��E=X' � 19 , , before me, the undersigned, a Notary Public in and or said Count and State, g � f ypersonally appeared w John H. Fraser z known to me to be the person whose name is subscribed to the within Instrument, as the v z a Attorney-in Fact of UNION OIL COMPANY OF CALIFORNIA and acknowledged to me that—ate subscribed the name of z UNION PILL COMPANY OF CALIFORNIA thereto as principal— and h !S own name as Attorney-in-Fact. WrrNass my hand and official seal. l4ii ' C,)MM13 V n expires July 20, lq,,�; NAME (7FIPED OR PRINTED) � Notary Public in and for said County and State. ) ACKNOWLEDGMENT — ATTORNEY-IN-FACT — BLANK CO. — WOLCOTTs FORM 218—REV. B-60 76796 ' 4. I STATE OF CALIFORNIA � eat COmNT'r aW ORANGE ) On this 1964# before as , a Notary~ and or and Ratse# pe a�r.G� DONALD P. SM;71 ,r laum to me to be the error, amid FAUL C. JONF.3, kn�arn tome to be the City Clerk of the City of Huntington Beach# a madaipal corporatiot4 the corporation that meted the within'tast rlmYont and aolcam- lodged to = that they sumted said instr=ent on behalf of such msdaipal corpomtion. OFFICIAL SEALERNES'�RIA e8 FA31O NOTARY PUBLIC CALIFORNIA ,Ile PRINCIPAL OFFICE IN ORANGE COUNTY ERNESTINA DI FABIO-NOTARY PLIBL►C In and for the County of Orange,State of Camimmit My Commission Expires June 26, 190 Cthy;1Hkll.Hand"M Beach.Calm STATE CP CALTFORNIA ) COUM7 OF ORANGE so On this dley of w...�.w.w 19'6j# before me# a Rotary Publi�o, In and r r sa33 L"'c»tty anTMVe� perooe�"alw appsas d, . knewn td me to be the Peg know to eye to be the Sscretary.TmW corpora on ME Oxwu within indrrMnt and ackmwledged to us that they executed said imtar=ant on behalf of sash corporation. aMww�rsrrrww - -�■