HomeMy WebLinkAbout1979-356 I
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1 ~ RESOLUTION N0. __e~~2~(e ~
2 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS
3 OF THE CITY OF SAN BERNARDINO AND DALE W. O'NEAL AND EUGENE M.
~ MALONE PROVIDING SEWAGE CONNECTION AND SEWAGE TREATMENT FOR TRACT
4 NO. 10532-1 AND TRACT NO. 10532.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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~ SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
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an Agreement with the Board of Water Commissioners of the City of
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San Bernardino and Dale W. O'Neal and Eugene M. Malone providing ~
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sewage connection and sewage treatment for Tract No. 10532-1 and
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Tract No. 10532, a copy of which is attached hereto marked Exhibi
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"A" and incorporated herein be reference as fully as though set
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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
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Bernardino at a me,~ting thereof, held
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on the r~ day of , 1979, by the following
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vote, to wit:
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AYES: Councilmen ~~'~7o/~'oT j~v,•~~
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NAYS :
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ABSENT: ~~-,e~~'i>Z~'~7 oG12/is'O- SAY/~.~8/7
23 ~v,~
i>TlI/ ,l~fiJ4.f~
2a City Clerk
25 The foregoinlg resolution is hereby approved ~ day
26 o f ~i~1i~~c~l
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Approved as to form: Ma r e Ci y o S Bernardino
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ity At orney
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1 A G R E E M EE N T
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2 (Sewer Connection & Sewage Treatment)
3 THIS"A~GR~EEMENT is made and entered into this ~ day ofl
q j ~vz/ , 1979, by and between the CITY OF SAN BERNARDINO,
g thereinafter called "City", the BOARD OF WATER COMMISSIONERS OF
THE CITY OF SAN BERNARDINO, hereinafter called "Board", and DALE
7 W. O'NEAL and EUGENE M. MALONE, hereinafter called "Developers".
g In consideration of the agreements, covenants, conditions„
q promises and legal detriments herein contained, the parties
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l0 ~ihereto agree as follows:
1. Recitals. (a) This agreement is entered into for the.
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12 purpose of providing sewer connection and sewage treatment for
l3 iProposed development of certain real property known as Tract 240. ~
Iq 10532-1 and Tract No. 10532, more particularly described and
l5 depicted in tentative maps filed with the County of San Bernardinot
16 owned by Developers.
17 (b) Developers have received approval of tentative
tract maps from the County of San Bernardino subject to disposal
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19 and treatment of liquid waste by the City of San Bernardino. i
20 (c) The proposed developments are physically located
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21 outside the corporate limits of City but within the Zone of
22 Influence of City, as approved by the San Bernardino Local Agency
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23 Formation Commission. ~
24 (d) City has approved in principle the Developers' ~
25 proposed developments.
26 (e) Developers have prepared and submitted maps and
27 plans for a sewer line connecting the proposed development to the
28 City's sewer system west of Tippecanoe Avenue near Victoria Avenue
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1 ~ (f) Developers acknowledge that the sewer collection
2 system is under the jurisdiction of City and that treatment
3 facilities are under the jurisdiction of Board.
a (g) Developers acknowledge that Board's treatment ~i
5 plant is currently under a cease and desist order of the Regional
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6 Water Quality Control Board of the State of California and that
7 modifications are necessary to handle additional capacity.
g (h) Board is in process of securing grant funding to
9 finance the necessary modifications. ~
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10 II (i) Developers acknowledge the nature of the grant ~
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1~ iprocess and the time involved, and are willing to phase the
t2 jdevelopment, as shown in Section 4 of this agreement, to align
i3 with projected funding of the improved treatment capability of
tq Board's treatment plant.
15 2. Construction. The approved sewer line from the develo~-
16 ment to the existing City sewer collection system will be con-
17 structed and paid for by Developers, in accordance with Ordinance
lg No. 2158 of City, as amended by Ordinance No. 3744. Developers
~q will construct the sewer line in accordance with City standards ~
20 as well as meeting the requirements of the County of San
21 Bernardino. Developers will deed these improvements to the City
22 upon acceptance of the project by City.
23 3. Oversizing Credit. City agrees to credit Developers
24 with the cost of oversizing of the sewer line and construction of
25 a sewer line along Tippecanoe Avenue, which are to be constructed
26 by Developers. Such oversizing and construction is estimated to
27 cost not more than $50,000.00. The actual cost allocated to these
28 items is to be determined by the Mayor and Common Council, based
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I jupon the recommendations of and negotiations between Developers'
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2 engineer and City's engineer. This credit shall be applied to
3 reduce the collection system charge described in Section 6, but
q Tin no event shall City be obligated to reimburse Developers in
5 icash for any portion of such credit.
6 i 4. Timing of Development. City and Developers agree that
7 ithe development of these tracts will occur and the flow of sewage
g Tinto the sewage collection system of the City of San Bernardino
q Twill occur no earlier than the following timetable:
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1O SEWAGE FLOW NO EARLIER THAN
~~TRACT PHASE HOUSING UNITS THE FOLLOWING DATES I
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110532-1 1 32 (Plus Commercial January 1980
t2 ' Developments)
13 10532-1 2 37 June 1980 ~
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~q 10532-1 3 27 November 1980
15 10532-1 3 24 November 1980
t6 110532 4 69 April 1981
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i7 110532 5 69 September 1981
l8 5. Capacity Charge. Developers will pay to City, for
l9 transmittal to Board, the one-time City capacity charge of $300
Zp per residential unit, at the time building permits are obtained,
21 subject to adjustments in the capacity charge as described
22 herein. The residential fee of $300 per unit shall be adjusted
23 October 1, 1980, and each October 1st thereafter in proportion
24 to the most recently published 12 month increase in the Con-
25 Istruction Cost Index, published in "Engineering News-Record", a
26 publication of McGraw Hill, Inc. The adjustment shall be rounded
27 Ito the nearest $5.00. The capacity charge shall also be subject
28 to change pursuant to any duly enacted City ordinance or resolu-
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1 'tion modifying the capacity charge.
2 6. Collection System Charge. Developers will pay to City
3 the one-time City collection system charge of $200 per bedroom at
4 the time building permits are obtained, the proceeds of which are
5 reserved for the repair, enlargement and construction of City's
6 sewage collection system. In the event that the present $200 per
7 bedroom fee is changed by City ordinance or resolution, payment
8 will be made in accordance with the fee in effect at the time of
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9 actual application.
IO 7. Sewer Service Charge. Pending annexation of the area
to Cit
11 y, all users of sewer service on the lines to be con-
12 structed shall pay a monthly sewer service charge pursuant to
13 zany City ordinance or resolution applicable to sewer service for
t4 areas outside the corporate limits of City.
15 IN WITNESS WHEREOF, the parties hereto have executed this
16 agreement on the date first hereinabove written.
CITY OF SAN BERNARD
ATTEST:
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l9 ink ~~1~i- - ayor
ity Clerk
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BOARD OF WATER COMMISSIONERS OF
21 THE CITY OF SAN BERNARDINO
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By~,~~,~.~~~l,~L~ ~~~c O~
23 Presi ent
24 B~'~s~G4 r ct~1<~Gl~
25 Secretary
26 DAJ,~y O ' NEAL ~
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t
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~~a,2 UGENE M. P7ALONE
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4 Approved as to form: i
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6 ' ity A orne
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Approved as to form:
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I Edward F. Taylor
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Attorney for oar of
11 Water Commissioners
of the City of San
i2 Bernardino
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SPECIAL POWER OF ATTORNEY
I, E. MAXWELL MALONE of 501 East San Juan, San Juan
Capistrano, California, hereby appoint DALE O'NEAL as my
attorney in fact to act in my capacity to do any and all
of the following:
To enter into an agreement with the City of
San Bernardino to provide sewer service to Tract No. 10532
located in the County of San Bernardino.
The rights, powers and authority of my attorney in
fact to exercise any and all of the rights and powers
herein granted shall be effective retroactively to cover
any agreement signed prior to this date and shall remain
in full force and effect until said agreement with the
City of San Bernardino shall be effective.
WITNESS my hand this 13{~ day of September, 1979.
E. Maxwell Malone
STATE OF CALIFORNIA
COUNTY OF Or~r,n q2.
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On yep-emh2Y i3,~~7q before me, the undersigned, a
Notary Public in and for said State, personally appeared
E. Maxwell Malone, known to me to be the person whose name
is subscribed to the within instrument and acknowledged
that he executed the same.
WITNESS my hand and official seal.
%~i„~ ,`~'-~i-~-~ JAN RENAR~
w MOIMr NwpC.CA1JFOMMA
Notary Public pnuiot cotn+ri
.TR ~e navC.~ Mraw.ira. av~ w. N.
Seal