HomeMy WebLinkAbout1997-275
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97-275
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
"POLICY RELATIVE TO CONNECTION OF UNINCORPORATED PROPERTIES TO
3 THE CITY OF SAN BERNARDINO SEWAGE SYSTEM."
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, AS FOLLOWS:
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SECTION ONE:
The "Policy Relative to Connection of
Unincorporated Properties to the City of San Bernardino Sewage
System," is hereby adopted.
A copy of said policy is attached
hereto, marked Exhibit "A" and incorporated herein by reference
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as fully as though set forth at length.
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7-15-97
97-275
RESO: ADOPTING POLICY RELATIVE TO CONNECTION OF UNINCORPORATED
PROPERTIES TO THE CITY OF SAN BERNARDINO SEWAGE SYSTEM.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 2nd day of September
5 Council Members:
6 NEGRETE
7 CURLIN
8 ARIAS
9 OBERHELMAN
10 DEVLIN
11 ANDERSON
12 MILLER
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joint regular meeting thereof, held on the
, 1997, by the following vote, to-wit:
ABSTAIN
ABSENT
AYES
NAYS
x
x
x
x
x
x
x
,~ O^ 1-.
.LA-n..c/v L L-<-t'JLA::-
Rac~~ Clark, City Clerk
fli
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The foregoing resolution is hereby approved this
September
, 1997.
day of
~~
f Torn Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
yv0",
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9'7-275
POLICY RELATIVE TO CONNECTION
OF UNINCORPORATED-PROPERTIES TO
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THE CITY OF SAN BERNARDINO SEWAGE SYSTEM
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PURPOSE:
To establish a policy regulating the connection of parcels
under the County's jurisdiction to the City's sewage syste~.
AUTHORITY:
1. Resolution No. 83-279 Provides that users located
outside the incorporated territory of the City Bay receive
sewer services, subject to execution of a standard for~
agreement.
2. Resolution No. 89-510 - - Establishes a connection fee for
an application to connect any property located outside the
corporate limits to the City public sewer, in the amount
of $1,000.00 to recover the extra ad~inistrative cost.
3. Section 56133 of the Government Code -- Requires approval
by the Local Agency For~ation Commission for connection of
a parcel wi thin the County to a City's sewage or water
system.
BACKGROUND:
A policy was adopted by Resolution No. 83-279 for the
provision of sewer services to users located outside the City.
The City's Director of Public Works/City Engineer was
authorized to execute a standard form agree~ent with any
prospective users, subject to verification by the Board of
Water Commissioners, that sufficient sewer plant capacity was
available. A copy of this standard form agreement is attached
for reference.
Section 56133 of the Govern~ent Code requires approval from
the Local Agency For~ation Commission (LAFCO) for any County
parcel to connect to a City' s sewage or water system. The
application fee for such approval is $2,600.00. LAFCO re-
quires that the serving City indicate their concurrence with
the request for connection, before accepting the fee and
processing the application.
For any develop~ent within an unincorporated island, the
County requires that the applicant contact the City to
ascertain if sewer service can be provided. This require~ent
applies to existing single family residences wishing to
replace a failed septic tank. In the event that sewer service
is not available (due to the lack of a sewer main or refusal
by the City to allow connection) the County will proceed to
issue a per~it for a septic tank.
Exhibit RAR
97-275
One concern cities typically have in allowing properties
outside their limits to connect to their sew~r system, is that
the incentive for annexation is lost. Some cities have
addressed this concern by requiring the owner of a County
parcel to enter into an Irrevocable Agreement for Annexation,
in exchange for valuable consideration rendered namely
connection to the municipal sewage system. This Agreement
would be recorded and become a covenant for future owners.
These Agreements can be held until a majority within a certain
area is received, and then submit an application for annexa-
tion.
POLICY:
It is the policy of the City of San Bernardino to allow connec-
tion of County parcels to the City's sewage system, subject to
all of the following:
1. Property is within the City's Sphere of Influence.
2. Approval by the Local Agency Formation Commission.
3. Verification by the Board of Water Commissioners that
sufficient wastewater treatment plant capacity is available.
4. Compliance with the land use established by the City's
General Plan.
5.
Execution by
Annexation.
the owner of an Irrevocable
(Copy is attached for reference)
Agreement
for
6.
Compliance
construction
facilities.
with
of
all
sewer
applicable
lateral
City
I'lains
Standards for
and appurtenant
7. Payment of all established fees for -
a. Sewer Plant Capacity
b. Sewer Line Connection
c. Public Works Permit
8. Paynent of an additional connection fee in the amount of
$1,000 to compensate the City for extra administrative costs
incurred.
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97-275
IRREVOCABLE AGREEHEHT TO ANlIEX
THIS AGREEMENT, is entered into this day of
199 ; by and between
;--hereinafter referred to as "OWNER," and
the City of San Bernardino, a municipal corporation, hereafter
referred to as "CITY."
WITNESSETH:
\'1HEREAS, OWNER
parce1(s), located at
holds
title
to
the
unincorporated
California, and parcel (s)
is(are) further descrihed as follows:
Assessor's Parcel Number (s)
and
WHEREAS, this (these) parce1(s) is (are) within the
Sphere of Influence of CITY; and
WHEREAS, OWNER desires to obtain sewer service for said
parce1(s); and
WHEREAS, sewer service could be provided to said
parce1(s) by connecting to the CITY's sewage system; and
WHEREAS, CITY's sewage
plant have sufficient capacity
generated by said parce1(s); and
system and
to convey
wastewater treatment
and treat the sewage
WHEREAS, CITY is willing to allow connection of this
(these) unincorporated parce1(s) to its sewage system, due to the
expectation that said parce1(s) will be annexed to the City of
San Bernardino at some future date, due to the fact that the
parcel(s) is (are) within CITY's Sphere of Influence.
WHEREAS, the covenants and conditions set forth herein
shall create an equitable servitude upon the parcel(s), and shall
be fully binding upon OWNER's heirs, sucessors and assigns.
NOW, THEREFORE, the parties hereto agree as follows:
EXHIBIT "An
97-275
SECTION ONE: OWNER Agrees - -
a. To grant irrevocable consent to annex to the City of
San Bernardino at such time as the annexation may be properly
approved through appropriate legal proceedings, and owner does
further agree to provide all reasonable cooperation and
assistance to the CITY in the annexation proceedings. Said
cooperation is contemplated to include signing any applications
of consent prepared by the CITY, and submitting any evidence
reasonably wi thin the control of o\'1NER to the various hearings
required for the annexation. Said cooperation does not include,
however, any obligation on behalf of OWNER to institute any
litigation of judicial proceeding whatsoever to force the
annexation to the City of San Bernardino.
b. To pay such annexation fees and costs and other
municipal charges as would ordinarily be charged in the
annexation of property to the CITY. Said fees shall be payable
when the same becomes due and payable. (In some circuMstances,
these fees may be borne by CITY.)
c. To pay all fees and charges and make all deposits
required by CITY to connect to and use the sewer, and further
agrees to be bound by all CITY ordinances, rules and regulations
respecting the sewage system.
d. To acknowledge that execution of this Irrevocable
Agreement to Annex is on behalf of all future heirs, successors
and assigns; and that said Agreement shall be irrevocable without
written consent of CITY.
e.
compliance
Plan.
To develop and maintain the subj ect parcel (s) in
wi th the land use established by the City' s General
f.
Discharges"
discharge of
To comply with Section 13.32.080, "Unlawful
of the San Bernardino Municipal Code relating to
materials into CITY's sewage system.
g.
Commission,
to CITY's
Government
To Make application to the
and pay all applicable fees,
sewage system, pursuant to
Code.
Local Agency Formation
for approval to connect
Section 56133 of the
h.
Connection
conditions
maintained.
To execute
and Service)
under which
a standard form Agreement (Sewer
wi th CITY stipulating the terMS and
the connection shall be made and
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SECTION TWO: CITY Agrees --
a.
connect to
payment of
To allow OWNER's parcel(s), described above, to
the City of San Bernardino's sewage system, subject to
all applicable fees and permits.
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97-275
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SECTION THREE: Be it Mutually Agreed, as follows:
a. City Clerk for CITY shall record this Agreenent with
the County Recorder.
b.
the benefit
assigns, and
herein shall
The benefit to the subject parcells) will inure to
of subsequent owners, their heirs, successors, and
the agreements, conditions, and covenants contained
be binding upon them and upon the land.
c. The approval granted to connect said parcel (s) to
City's sewage is contingent upon OWNER securing approval fron the
Local Agency Fornation Commission.
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97-275
IRREVOCABLE AGREEMENT TO ANNEX:
IN WITNESS WHEREOF,
agreeflent to be executed by
duly authorized.
OWNER
By
the parties hereto have caused this
their respective officials thereunto
CITY OF SAN BERNARDINO
By
Mayor
ATTEST:
City Clerk
Approved as to forfl
and legal content:
Jafles F. Penman
City Attorney
By
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