HomeMy WebLinkAbout1979-025
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1 RESOLUTION NO. ,9- M'
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AMENDMENT TO AGREEMENT WITH THE STATE OF CALI FORNI
3 RELATING TO WATER CHARGES FOR MAINTENANCE OF LANDSCAPING ON STATE
HIGHWAY 08-SBd-10,194 (15E) ON ROUTE 10 FROM ROUTES 10/194 (15E)
4 SEPARATION TO SAN TIMOTEO CREEK AND ROUTE 194 (15E) FROM ROUTES
10/194 (15E) SEPARATION TO 0.5 MILES SOUTH OF WARM CREEK.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
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an Amendment to Agreement with the State of California relating to
I water charges for maintenance of landscaping on State Highway
10
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08-SBd-10,194, a copy of which is attached hereto, marked Exhibit
12 "A" and incorporated herein by reference as fully as though
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set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
Bernardino at a n~/fZ.rT{P~/l()9uh/)) meeting thereof, held
on the ~ day of cya/n.u.n~ ' 1979, by the following
vote, to wit:
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AYES:
Councilmen r.Jcu5In/n P~Q IA)hljl)tM) 1/(l7~
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NAYS:
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ABSENT:
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~&?~/~d
City Clerk
is hereby appr d is ~
day
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The foregoing
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resolution
25
1979.
of
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08-SBd-10,194(15E)-24.3/25.6;
0.1/1.4
In SBd on Rte 10 fr Rtes 10/l94(15E)
Separation to San Timoteo Creek
& on Rte 194(15E) fr Rtes 10/194(15E
Separation to 0.5 Mi S of Warm
Creek
08210 - 910035-5954010
08210 - 910035-5954194
nus AMENDMENT TO AGREEMENT, MADE AND ENTERED INTO ON THIS
DAY OF
, 19_,
BY AND BETWEEN
CITY OF SAN BERNARDINO,
a body politic and a municipal
corporation of the State of
California hereinafter referred
to as "CITY"
AND
STATE OF CALIFORNL\,
acting by and throl'g'; its
Department of Transportation,
hereinafter referred to as
"STATE" .
WHEREAS, the CITY did desire the priority of the project for
landscaping on STATE Highway 08-SBd-10,194(15E) in San Bernardino on
Route 10 from Routes 10/194(15E) Separation to San Timoteo Creek and
on Route 194(15E) from Routes 10/194(15E) Separation to 0.5 mile south
of Warm Creek be advanced and did enter into agreement with the STATE
on the 17th day of September, 1973, for construction and maintenance
of landscaping; and
.
WHEREAS, it is recognized that the landscaping which said Agreement
provides for is sufficiently established and has matured to achieve
the result for which it was intended; and
WHEREAS, STATE and CITY do mutually agree that the provision in
said Agreement whereby the CITY provides water free of charge to the
STATE for maintenance of landscaping is no longer required and that
said Agreement be amended.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION Ia shall be amended to read:
a. To furnish all water for construction and subsequent mainte-
nance of said landscaping within the City of San Bernardino on Route 10
from Station 120+75, Post Mile 24.3 (Routes 10/194(15E) Separation)
to Station 190+75, Post Mile 25.6 (San Timoteo Creek) and on Route 194(15E)
from Station 224+00, Post Mile 0.1 (Routes lO/194(15E) Separation) to
Station 263+00, Post Mile 1.4 (0.5 mile south of Warm Creek) a distance
of 2.6 miles, free of charge to STATE until the 30th day of September,
1978.
SECTION II shall be amended to include:
~
,
d. As of the 1st day of October, 1978, to pay for the cost of
domestic water and, where effluent is used in lieu of domestic water,
to pay the cost of energy for pumping and del~vering effluent for
continued maintenance of said landscaping. Energy cost for pumping
and delivering effluent shall be based on the following: Units of
energy required to deliver one acre foot of effluent to where service
is received by the STATE times the number of acre feet delivered to
the STATE times cost per unit of energy to the CITY.
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SECTION IV, second paragraph, shall be amended to read:
IT IS UNDERSTOOD AND AGREED that the STATE's participation in
this project is contingent upon the allocation of funds by the
California Transportation Commission.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officers, duly
authorized, the provisions of which Agreement are effective as of
the day, month and year first hereinabove written.
STATE OF CALIFORNIA
Department of Transportation
CITY OF SAN BERNARDINO
ADRIANA GIANTURCO
Director of Transportation
W - HOLCOMB
By . n..
Mayor
SHAUNA CLARK
By
District Director
Attest
City Clerk
Approved as to form and
procedure:
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City Atto ey
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