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CITY OF SAN BERNODINO - REQUEST F~ COUNCIL ACTION
From: Bernard C. Kersey, Secretary
Subject: REQUEST FOR SEWER SERVICE OUTSIDE
THE CORPORATE LIMITS OF THE CITY
2504 MACY STREET
LUTHER T. FAIR
Dept: Board of Water Commissioners
Date: November 8, 1990
Synopsis of Previous Councilection:
None
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Recommended motion:
Adopt Resolution
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Contact person:
Bernard C. Kersey
Phone:
384-5091
Supporting data attached : Yes
Ward:
FUNDING REQUIREMENTS: Amount:
NA
Source: (Acct. No.l
(Acct. DescriDtion)
Finance:
Council Notes:
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Agenda Item No. ct'L0
CITY OF SAN BERNAaDINO - REQUEST Fc:Q COUNCIL ACTION
STAFF REPORT
Mr. Luther T. Fair has submitted a request to connect a self
service laundromat located at 2504 Macy Street (Assessors Parcel
No. 268-241-24) to the City's sewer system. The property is
located outside the corporate limits of the City.
The property is a 70' by 305' lot with a self service laundromat.
Information was submitted by a plumbing contractor stating the
septic tank on the property is unsafe, outdated and unsanitary.
An inspection of the property was performed Mr. James Watson,
Environmental Control Officer for the Water Department, in which
he concurs with the information submitted by the a plumbing
contractor. The City recently completed a new sewer interceptor
line which fronts this property.
Based on the information presented, the Board of Water
Commissioners at their November 6, 1990 meeting, voted unanimously
to approve the request for sewer service for 2504 Macy Street,
based upon water quality impacts to the groundwater basin, and
authorized the Secretary to submit the request to the Mayor and
Common Council.
The property is not adjacent to existing City boundaries. In
addition to all regular sewer connection fees, the applicant must
pay $1,000.00 to the City to process his sewer connection permit.
It is requested that this item be scheduled as soon as possible due
to the water quality concerns.
15-0264
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RESOLUTION NO.
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4 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE CONNECTION OF A SELF SERVICE
5 LAUNDROMAT LOCATED AT 2504 MACY STREET TO THE CITY'S SEWER SYSTEM.
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WHEREAS, Mr. Luther T. Fair, owner of the property known as
2504 Macy Street, outside the corporate limits of the City, has
requested
sewer
service for a self service laundromat at said
location; and
WHEREAS,
the Board of Water Commissioners considered the
request for sewer service to said parcel, and recommends approval
12 based on a finding of water quality impacts to the groundwater due
13 to ,a failed septic system, and the inability of the owners to
14 replace the septic system.
15 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
16 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
17 That the property owned by Mr. Luther T. Fair, located at 2504
18 Macy Street, Assessors Parcel No. 268-241-24 be authorized to
19 connect to the City's sewer system, subject to the payment of all
20 applicable fees and charges, and entering into a Standard Form
21 Agreement for Outside City Sewer Service, a copy of which is
22 attached hereto and incorporated herein as Exhibit "A".
23 I HEREBY CERTIFY that the foregoing resolution was duly
24 adopted by the Mayor and Common Council of the City of San
25 Bernardino at a meeting thereof, held
26 on the day of , 19_, by the
27 following vote to wit:
28 IIII
11/8/90
RESOLUTION APPRlWG THE CONNECTION OF A SELF S~E LAUNDROMAT LOCATED AT
2504 MACY S~ THE CITY'S SEWER SYSTEM. ....,
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2 Council Members: AID IAn ABSTAIII
3 ESTRADA
4 REILLY
5 FLORES
6 MAUDSLEY
7 MINOR
8 POPE-LUDLAM
9 MILLER
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12 CITY CLERK
13 The foregoing resolution is hereby approved this day
14 of , 1990.
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17 W.R. HOLCOMB, MAYOR
18 City of San Bernardino
19 APPROVED AS TO FORM
20 AlID LEGAL CONTENT:
21 JAMES F. PENMAN
City Attorney
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VXCXNXTY HAP
For l1'ac:t No.225B
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LOCATXON OF PROPERTY
CITY f1F SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
RIlQUIST JOI OU'lSIDI CITY SEWER CONNECTION
2504 MACY STIlET, MR. LU'l'HBIl T. lAIR
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City of San Bernardino
Municipal Water Department
P.O. Box 710
San Bernardino, California 92402
ATTN: Marjorie A. Scott
AGREEMENT
(Sewer Connection and Service)
THIS AGREEMENT is made and entered into this
day of
, 19____, by and between City of San Bernardino,
a municipal corporation of the State of California, hereinafter
LUTHER T . FAIR
referred to as "CITY", and
and his/her/their successor(s)
in interest, hereinafter referred to as "USER".
WITNESSETH:
WHEREAS, User is the owner of certain premises commonly known
as
2504 MACY STREET
(Street Address)
San Bernardino, California, and more particularly described as
follows to wit:
0268-241-24
Assessor's Parcel No.:
TRACT NO. 2258 S 20 FT LOT 299 AND
Legal Description of Property:
N 60 FT LOT 300 EX E 8 FT N 60 FT LOT 300
WHEREAS, User represents that it has a legal interest in the
property and that all other persons holding legal interests in the
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1 property and all successors in interest are bound by this
2 Agreement; and
3 WHEREAS, the above described premises are presently located
4 outside the City limits of City; and
5 WHEREAS, the above described premises does not receive sewer
6 service; and
7 WHEREAS, it is the desire of the parties hereto that User may
8 avail himself of City's sewer facilities.
9 NOW, THEREFORE, in consideration of the promises and of mutual
10 covenants and agreements herein, it is mutually understood and
11 agreed as follows:
12 1. City hereby permits User to install and construct a sewer
13 lateral connecting the sewer plumbing system in any building on the
14 above described premises to an existing public sewer main of City.
15 User shall be responsible for the repair and maintenance of the
16 sewer lateral up to the point it connects to the pUblic sewer main.
17 Said installation, construction and connection shall be made at
18 User's sole cost and expense.
19 2. User agrees to abide by all the terms and provisions of the
20 San Bernardino Municipal Code, Chapters 13.08, 13.16 and 13.32,
21 made a part hereof by reference, which shall include, but is not
22 limited to, the User's agreeing to apply for and obtain from City
23 an appropriate permit for the aforesaid sewer connection, pay all
24 fees necessary for such permit and sewer connection, cause all
25 appropriate inspections to be made and comply with all conditions
26 and requirements made by the office of the City Engineer and other
27 departments of the City, or as may be provided in said San
28 Bernardino Municipal Code Chapters 13.08 and 13.32 or other
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1 ordinances, laws, or amendments thereto hereinafter enacted.
2 3. User agrees to apply for and obtain from the governmental
3 entity having jurisdiction all necessary permits, including a
4 street or highway permit for the sewer line.
5 4. User agrees to pay to City the applicable monthly charges
6 for sewer services as set forth in Resolution No. 83~279 or any
7 subsequent amendment thereto. Such monthly sewer service charges
8 may be increased at any time by action of the Mayor and Common
9 Council to cover increased operating or maintenance costs of, or
10 improvements or additions to, the wastewater treatment system and
11 sewer system of City.
12 5. User agrees to abide by City's rules and regulations and
13 laws relative to the maintenance and operation of City's sewer and
14 wastewater treatment system and of the User's sewer and plumbing
15 system, including, but not limited to, San Bernardino Municipal
16 Code Chapter 13.32, or other ordinances, laws, or amendments
17 hereinafter enacted regulating the discharge of wastes into the
18 City sewage system.
19 6. In case it may become necessary to repair or replace any
20 part of the sewer system, City is hereby authorized to close any
21 valve or valves in any of the mains in the City or at the point of
22 connection between the main or lateral of City and the lateral of
23 User as may be necessary for the protection of said sewer system,
24 or to meet the exigency of the situation. It is expressly
25 covenanted and agreed that City shall not be held liable or
26 accountable for any bursting, breakage, stoppage, or accident of
27 any kind that may occur to said sewer system, connection, or sewer
28 lateral and User hereby covenants and agrees to save and hold
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1 harmless City and its officers, employees or agents from any and
2 all loss, damage or expense that User may incur or suffer by reason
3 of the execution or performance of this Agreement.
4 7. It is mutually covenanted and agreed that City shall not
5 be accountable or liable, nor shall such be held or considered as
6 a breach of this contract, for failure to provide sewer services
7 to User, growing out of any breakage, stoppage or sewage "back-up"
8 in sewer pipes, accident or injury of any kind occurring to the
9 sewer and sewage treatment system, or on account of any suit,
10 proceeding, judgment or decree in any court of record, restraining
11 or interfering with performance under this contract on its duties
12 hereunder; nor shall the City be held accountable or liable under
13 this Agreement for any failure to supply sewer services growing
14 out of any inability to operate its sewer or treatment system
15 occasioned by any accident, Act of God, strike, riot or pUblic
16 enemy.
17 8. City shall have the right to terminate this Agreement and
18 to disconnect the sewer lateral of User and cease sewer services
19 as herein provided by a ninety (90 ) day written notice mailed
20 either to User or to whomever may be the tenant in occupancy of the
21 User's premises, provided that in case User shall, at any time,
22 make any default in the performance of any of the covenants,
23 conditions and agreements to be kept and performed by it on its
24 part inclUding payments herein provided for, and if any such
25 default shall continue for a period of thirty (30) days, then and
26 in that case, the contract may forthwith be terminated at the
27 option of the City upon giving ten (10) days notice in writing of
28 its intentions so to do, and thereupon the sewer services may be
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1 discontinued.
2 9. Upon the annexation of the premises to. the City of San
3 Bernardino, if and when such shall occur, this Agreement shall
4 automatically terminate and, thereafter, User shall pay the rates
5 applicable under San Bernardino Municipal Code Chapter 13.16 or
6 other laws or amendments thereto hereinafter enacted.
7 10. User shall at all times keep City apprised of its current
8 residence and mailing addresses in the event user does not reside
9 at the property herein described.
10 11. The covenants and agreements hereby created to benefit
11 the land are and shall be construed as covenants running with the
12 land, and each and every person accepting a deed to said property
13 shall thereby consent and agree to be bound by the covenants herein
14 contained to the same extent as though he had signed this
15 instrument. The undersigned, in executing and delivering any deed
16 to said property, shall insert in said conveyances, by reference,
17 that the same are made subject to the terms, conditions and
18 covenants herein contained, designating the book and page of the
19 record in which this instrument is recorded.
20 12. The rights and interest of User in this Agreement and the
21 use of City's sewer facilities pertain to the hereindescribed
22 property only, and may not be assigned or transferred for the
23 benefit of any other property.
24 III
25 III
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27 III
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AGREEMENT RE: CONNECTION OF A SELF SE~CE LAUNDROMAT LOCATED
AT 2504 MAC:>STREET TO THE CITY'S SEwa-JSYSTEM
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3 Agreement as of the date and year first above written.
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IN WITNESS WHEREOF, the parties hereto have. executed this
CITY OF SAN BERNARDINO
By:
General Manager
USER:
USER:
Approved as to form
and Legal Content:
JAMES F. PENMANN
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