HomeMy WebLinkAbout03-17-1959 - Special MeetingCITY OF NEWPORT BEACH C)UNCii.MF.N
Page 170 a Volume 12 --- ----- - - - - --
in City C er ` page 170
Minutes of SPECIAL MEETING OF THE CITY COUNCIL
Date of Meeting: March 17, 1959
Index
Time of Meeting: 3:00 P.M.
Plflcg Meeting_ Council Chambers
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i3o11 Call: Present
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Absent
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rime extenb The City Clerk read the Notice of Special
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sion for ;
Meeting, called by Mayor James B. Stoddard
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constructian(1) To consider Montgomery Ross Fisher's request:
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of Big Can$Torfor an extension of time to complete the work on
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Keservoir ;
the construction of Big Canyon Reservoir; (2) +
C -551 ;
to consider the status of the contract with
Monterey Oil Company and Humble Oil and Refining
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Company and the notice of a purported partial
termination of the contract received by the City.;
Consent and Waiver to hold said meeting having
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been signed by all members of the Council and on
file with the City Clerk, Mayor Stoddard called
the meeting to order.
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The City Manager stated that the Public Works ;
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Director had received a letter from James M.
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Montgomery, Consulting Engineer, dated March 12,
1959, regarding the requests of Montgomery Ross
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Fisher for extension of contract time. The City
Clerk -read said letter, wherein it is stated that,
during the period of construction of Big Canyon
Reservoir, Montgomery R. Fisher has requested
numerous extensions of time, aggregating 45k
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days, for the completion of the contract because
of delays occasioned by rain. The Consulting
Engineer, having reviewed the requests,
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recommended an extension of 26 days by reason of
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rain and five additional days for delay occasioned
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by the malfunction of a valve,
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Councilman Higbie joined the meeting at 3:20 P.M.
Mr. Russell C. Kenmir and Mr. A. Gene Rheault,
representing James M. Montgomery, spoke from the
audience explaining their recommendations.
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Mr. Herbert Lewis, representing Montgomery Ross
Fisher, spoke from the audience.
After discussion, Councilman Lorenz made a Motion
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motion that the matter be taken under
submission.
It was suggested by the Council that every
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effort be made by the contractor to fill the
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reservoir at night when more water is available
in order that the reservoir may be complete as
soon as possible.
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A vote was taken on Councilman Lorenz' motion, All Ayes
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which carried unanimously.
Status of
Consideration was given to the status of the
contract
contract with Monterey Oil Company and Humble
with Monterey
0il and Refining Company.
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Oil Company,
C °995
A letter, dated March 12, 1959, from E. E. Pyles,;
Vice President of the Monterey Oil Company, was
presented. Said letter states that notwith-
standing the contents of a letter from the City
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of Newport Beach dated March 5, 1 59 in whit a
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ATTEST:
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mayor
in City C er ` page 170
CITY OF NEWPORT BEACH
Page 171 - Volume 12
Index '
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default in the performance of the contract is
alleged, Monterey Oil Company denies that any
default exists. It is further stated in said
letter that Monterey Oil Company desires to
exercise an option to terminate the contract
except as to 160 acres (10 acres for each well
completed and brought to production), and,
accordingly, Monterey and Humble have executed
and forwarded a Partial Termination of Contract
and Notice Thereof, dated March 12, 1959. ;
The City Attorney stated that there were several
legal questions involved and requested an Attorney, -
Council discussion. ;
I Mayor Stoddard therefore declared a recess at
4:00 P.M. After approximately forty -five minutes,;
the meeting reconvened with all Council members
I present.
The City Attorney read a rough draft of a pro-
COUNCILMEN
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posed letter to be sent to Monterey OIL. �m a ^ -•. ;
wherein it was stated that the City finds 'the
conclusions contained in the letter and document
from the Monterey Oil Company and Humble Oil and ;
Refining Company, dated March 12, 1959, unac-
ceptable and that the document does not have the
effect apparently intended, and that "The Notice
of Default da--ed larch 1959," hei:caofore delivered ;
to Fbnterny 011 !'cn )any ^¢. '
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The City Manager was directed to send the Motion:x;
proposed letter to the Monterey Oil Company. All Ayes:
The meeting was adjourned.
ATTEST:
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Pages 171
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Motion ; ;x;
All Ayes ; I
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