HomeMy WebLinkAbout1979-355 1 RESOLUTION NO. 79" ~SaS'~
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS OF
3 THE CITY OF SAN BERNARDINO AND E. J. MILLER PROVIDING FOR SEWER
CONNECTION AND SEWAGE TREATMENT FOR TRACT NO. 10297 AND A
4 'i "REMAINDER PARCEL", CONTIGUOUS TO THE SOUTHERLY LIMIT OF TRACT NO.
110297.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City
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9 an Agreement with The Board of Water Commissioners of the City of
10 San Bernardino and E. J. Miller providing for sewer connection II
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tl and sewage treatmBnt for Tract No. 10297 and a "Remainder Parcel",
12 contiguous to the southerly limit of Tract No. 10297, a copy of
13 which is attached hereto, marked Exhibit "A" and incorporated
I4 herein by reference as fully as though set forth at length.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17 Bernardino at a ,.:/~~2~~r meeting thereof, held
18 on the ~,~ij day of ~i~~. , 1979, by the following
19 vote, to wit:
20 AYES: Councilmen ~p~.i~QQ
y
21 ~~a>ai»~e~„v ~ ~~r~1is
22 NAYS : y~oy/,, /
23 ABSENT: ~~.~zrxs~~dr~ .~3 ii~tl~ ~s~ii?,1~91
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~ty
CC el rk
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The foregoing resolution is hereby approved is day
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of ~~y~,.yt 1 9.
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28 Approved as to form: ayor of the ity o Sa Bernar ino
ity Att rney
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l A G R E E M E N T
2 (Sewer Connection & Sewage Treatment)
3 THIS AGREEMENT is made and entered into this ~ day of
4 ! , 1979, by and between the CITY OF SAN BERNARDINO,
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9 hereinafter called "City", the BOARD OF WATER COMMISSIONERS OF
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6 THE CITY OF SAN BERNARDINO, hereinafter called "Board", and E. J.
7 MILLER, hereinafter called "Developer". ~
g In consideration of the agreements, covenants, conditions,'
9 promises and legal detriments herein contained, the parties
~0 (hereto agree as follows:
' 1. Recitals. (a) This agreement is entered into for the;
12 ipurpose of providing sewer connection and sewage treatment for
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~g 'proposed development of certain real property known as Tract No.
rq 10297, and that real property, shown as a "remainder parcel" on
15 the tentative map of Tract No. 10297, contiguous to the southerly
t6 limit of Tract No. 10297, bounded on the north by Laurelwood ~
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17 Street, on the east by Richardson Street, on~the west by Ferree
l8 Street, and on the south by Interstate 10 Freeway, hereinafter
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19 called "R.V. Park", more particularly described and depicted
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20 in tentative maps filed with the County of San Bernardino, owned !
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21 by Developer. j
22 (b) Developer has received approval of tentative
23 itract maps from the County of San Bernardino subject to disposal
24 and treatment of liquid waste by the City of San Bernardino.
25 I (c) The proposed developments are physically located
26 outside the corporate limits of City but within the Zone of
27 (Influence of City, as approved by the San Bernardino Local Agency
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28 Formation Commission.
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1 ~ (d) City has approved in principle the Developer's ,
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2 (proposed developments.
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3 i (e) Developer has prepared and submitted maps and
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aplans for a sewer line connecting the proposed development to the
5 ilCity's sewer system west of Tippecanoe Avenue near Victoria Avenuell.
6 (f) Developer acknowledges that the sewer collection
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~ ,system is under the jurisdiction of City and that treatment
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g Ill facilities are under the jurisdiction of Board. I
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9 ~ (g) Developer acknowledges that Board's treatment ~
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t0 plant is currently under a cease and desist order of the Regional
1~ Water 4uality Control Board of the State of California and that
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12 modifications are necessary to handle additional capacity.
l3 (h) Board is in process of securing grant funding to
~q finance the necessary modifications.
t5 (i) Developer acknowledges the nature of the grant
16 process and the time involved, and is willing to phase the
t7 development, as shown in Section 4 of this agreement, to align
t8 with projected funding of the improved treatment capability of
19 Board's treatment plant.
20 2. Construction. The approved sewer line from the develo -
21 ment to the existing City sewer collection system will be con-
22 structed and paid for by Developer, in accordance with Ordinance
23 No. 2158 of City, as amended by Ordinance No. 3744. Developer
2q will construct the sewer line in accordance with City standards
29 as well as meeting the requirements of the County of San
26 Bernardino. Developer will deed these improvements to the City
27 upon acceptance of the project by City.
28 3. Oversizing Credit. City agrees to credit Developer
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i ','with the cost of oversizing of the sewer line and construction of ,
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2 a sewer line along Tippecanoe Avenue, which are to be constructed
3 by Developer. Such oversizing and construction is estimated to
a 'cost not more than $50,000.00, The actual cost allocated to these
g (items is to be determined by the Mayor and Common Council, based
6 iupon the recommendations of and negotiations between Developer's
7 iengineer and City`s engineer. This credit shall be applied to I
g ~ reduce the collection system charge described in Section 6, but
9 in no event shall City be obligated to reimburse Developer in
t0 cash for any portion of such credit.
11 4, Timing of Development. City and Developer agree that 'I
[2 ~~the development of these tracts will occur and the flow of sewage
13 pinto the sewage collection system of the City of San Bernardino
l4 ~ will occur no earlier than the following timetable: ~
15 SEWAGE FLOW NO EARLIER THAN
TRACT LOTS HOUSING UNITS THE FOLLOWING DATES
16 10297 1-7 42
January 1980
17 10297 8-20 54 b
June 1980
!8 10297 21-32 48 November 1980
19 10297 33-48 64 April 1981
20 10297 49-64 64
September 1981
21 R.V,Park Subject to future agreement
22 with City Water Department
after February, 1982
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2q 5. Capacity Charge, Developer will pay to City, for
2g transmittal to Board, the one-time City capacity charge of $300
26 per residential unit, at the time building permits are obtained,
27 I subject to adjustments in the capacity charge as described
28 herein. The residential fee of $300 per unit shall be adjusted
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1 '.October 1, 1980, and each October lst thereafter in proportion i
2 to the most recently published 12 month increase in the Con-
3 struction Cost Index, published in "Engineering News-Record", a
' a publication of McGraw Hill, Inc. The adjustment shall be rounded I
5 I to the nearest $5.00. The capacity charge shall also be subject
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6 to change pursuant to any duly enacted City ordinance or resolu-
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7 tion modifying the capacity charge.
8 6. Collection System Charge. Developer will pay to City
9 the one-time City collection system charge of $200 per bedroom at
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10 the time building permits are obtained, the proceeds of which are ~
11 i reserved for the repair, enlargement and construction of City's
t2 ~ sewage collection system. In the event that the present $200 per
~3 i bedroom fee is changed by City ordinance or resolution, payment
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~4 ~I will be made in accordance with the fee in effect at the time of
t5 actual application.
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16 7. Sewer Service Charge. Pending annexation of the area
17 to City, all users of sewer service on the lines to be con-
` lg structed shall pay a monthly sewer service charge pursuant to
'I 19 any City ordinance or resolution applicable to sewer service for
II 20 areas outside the corporate limits of City.
21 IN WITNESS WHEREOF, the parties hereto have executed this
22 agreement on the date first hereinabove written.
23 CITY OF SAN BERNARD i
ATTEST:
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25 lllll/,(~/!~2/~ ayor
ity Clerk
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i BOARD OF WATER COMMISSIONERS OF i
THE CITY OF SAN BERNARDINO
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3 By lI~~GY /d . ~~.c,G~Gc.a/ /it/ i
C-~~ Presi ent
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Secretary
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E. J. MILLER
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Approved as to form:
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Ci y Atto ney
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Approved as to form:
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Edward F. Taylor
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t 6 ll (,X.
Attorney for oard of
l7 Water Commissioners of e
City of San Bernardino
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