HomeMy WebLinkAbout56-Water Department
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artY OF SAN .BRNARDlho - REQUM FOR COUNCIL AC'hbN
From: BERNARD C. KERSEY
DIRECTOR, ADMINISTRATION & FINANCE
Dept: WATER DEPARTMENT
Subject: STANDARD FORM AGREEMENT FOR
OUTSIDE CITY SEWER SERVICE
0.: April 11. 1989
Synopsis of Previous Council action:
June 23, 1973 - Resolution No. 11434 established a policy for sewer service
outside the incorporated territory of the City of San Bernardino and author-
ized the City Engineer to execute a standard form agreement with any user of
. sewer service.
ftllCommended motion:
Adoot Resolution
Com act person:
Bernard C. Kersey
Phone:
384-5393
Supporting data attached:__ Yes
Ward:
ALL
FlINDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
Al'IAnAa I+A"" Nn 5 ~
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crtt OF SAN 8ERNARDI~O - REQU~T FOR COUNCIL ACTiON
STAFF REPORT
In 1973, the City established a policy on outside City sewer
service and authorized the City Engineer to execute a stan-
dard form agreement with users of sewer service. The agree-
ment was to be approved by the City Attorney and contain
minimum terms and conditions set forth in Resolution No.
11434.
It is recommended that Resolution No. 11434 be amended to
delete the phrasing that the City adopt a policy of liberally
providing sewer service outside its incorporated territory.
Additionally, the proposed amendment requires the Board of
Water Commissioners and the Mayor and Common Council to
approve a request for sewer service outside the corporate
limits of the City. Finally, the proposed amendment requires
that the standard form agreement shall contain, at a minimum,
that the user pay all applicable sewer connection fees and
applicable sewer service charges established by the City.
The standard form agreement, attached hereto, has also been
amended to reflect current requirements.
It is requested that this item be placed on the Supplemental
Agenda for the May 1, 1989 Council meeting. This item is a
compani.on to and necessary for the implementation of the
resolution authorizing sewer service for the Inland Empire
Job Corp.
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING RESOLUTION NO. 11434 PROVIDING THAT USERS
3 LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY MAY
RECEIVE SEWER SERVICES; AUTHORIZING THE CITY ENGINEER TO EXECUTE
4 AGREEMENTS THEREFOR SUBJECT TO CERTAIN TERMS AND CONDITIONS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
Section 1 of Resolution No. 11434 is hereby
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amended to read as follows:
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"SECTION 1.
A policy is hereby adopted of providing
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sewer services to users located outside the
incorporated territory of the City of San Bernardino
in accordance with Municipal Code Section 2.28.030.
Upon approval of the Mayor and Common Council, the
City Engineer of said City is hereby authorized and
directed to execute, on behalf of said City, a
standard form agreement approved as to form by the
City Attorney, and containing the minimum terms and
conditions hereinafter set forth, with any
prospective user of sewer service and owner of real
property to receive sewer services extended to
premises located outside the corporate limits of said
City. "
SECTION 2.
Section 2 of Resolution No. 11434 is hereby
amended to read as follows:
"SECTION 2.
Said agreement shall require that the
user and owner shall pay the applicable sewer
connection fee or fees and shall pay each month the
applicable sewer service charge or charges of said
DAB:br
May 3, 1989
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1 City; that the City shall have the right to terminate
2 such services by giving a ninety (90) day notice in
3 writing to the user; that said user and owners shall
4 be subject to any increase in fee or fees, charges and
5 amounts, which may be imposed from time to time by the
6 City."
7 I HEREBY CERTIFY that the foregoing resolution was duly
8 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on the
, 1989, by the following vote,
day of
11 to wit:
12 AYES:
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NAYS:
ABSENT:
Shauna Clark, City Clerk
The foregoing Resolution is hereby approved this
day of
, 1989.
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21
Evlyn Wilcox, Mayor
23 City of San Bernardino
24 Approved as to form
and Legal Content:
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JAMES F. PENMAN
B~
,~ Ci ty Attorney
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DAB:br
May 3, 1989
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13 as --------------------------------------------------------------,
14 California, and more particularly described as follows to wit:
15 -----------------------------------------------------------
16 -----------------------------------------------------------
17 -----------------------------------------------------------
18 WHEREAS, the above described premises are presently located
19 outside the city limits of City; and
20 WHEREAS, the above described premises does not receive sewer
21 service; and
22 WHEREAS, it is the desire of the parties hereto that User may
23 avail himself of City's sewer facilities;
24 NOW, THEREFORE, in consideration of the promises and of
25 mutual covenants and agreements herein, it is mutually understood
26 and agreed as follows:
27 1. City hereby permits User to install and construct a
28 sewer lateral connecting the sewer plumbing system in any building
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6 THIS AGREEMENT, made and entered into this _________ day of
7 --------------- , 198__ , by and between ________________________
___.__________________________ , hereinafter referred to as wUSERw,
and the City of San Bernardino, a municipal corporation of the
State of California, hereinafter referred to as wCITYw;
WITNESSETH:
WHEREAS, User is the owner of certain premises commonly known
AGB.BEBEli7
(Sewer Connection and Service)
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1 on the above described premises to an existing public sewer main
2 of City. User shall be responsible for the repair and maintenance
3 of the sewer lateral up to the point it connects to the public
4 sewer main. Said installation, construction and connection shall
5 be made at User's sole cost and expense.
6 2. User agrees to abide by all the terms and provisions of
7 the San Bernardino Municipal Code, Chapters 13.08, 13.16 and
8 13.32, made a part hereof by reference, which shall include, but
9 is not limited to, the User's agreeing to apply for and obtain
10 from City an appropriate permit for the aforesaid sewer connect-
11 ion, pay all fees necessary for such permit and sewer connection,
12 cause all appropriate inspections to be made and comply with all
13 conditions and requirements made by the office of the City Engi-
14 neer and other departments of the City, or as may be provided in
15 said San Bernardino Municipal Code Chapters 13.08 and 13.32 or
16 other ordinances, laws, or amendments thereto hereinafter enacted.
17 3. User agrees to apply for and obtain from the government-
18 al entity having jurisdiction all necessary permits, including a
19 street or highway permit for the sewer line.
20 4. User agrees to pay to City the applicable monthly
21 charges for sewer services as set forth in Resolution No. 83-279
22 or any subsequent amendment thereto. Such monthly sewer service
23 charges may be increased at any time by action of the Mayor and
24 Common Council to cover increased operating or maintenance costs
25 of, or improvements or additions to, the wastewater treatment
26 system and sewer system of City.
27 5. User agrees to abide by City's rules and regulations and
28 laws relative to the maintenance and operation of City's sewer and
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1 wastewater treatment system and of the User's sewer and plumbing
2 system, including, but not limited to, San Bernardino Municipal
3 Code Chapter 13.32, or other ordinances, laws, or amendments
4 hereinafter enacted regulating the discharge of wastes into the
5 City sewage system.
6 6. In case it may becomecnecessary to repair or replace any
7 part of the sewer system, City is hereby authorized to close any
8 valve or valves in any of the mains in the City or at the point of
9 connection between the main or lateral of City and the lateral of
10 User as may be necessary for the protection of said sewer system,
11 or to meet the exigency of the situation. It is expressly cove-
12 nanted and agreed that City shall not be held liable or account-
13 able for any bursting, breakage, stoppage, or accident of any kind
14 that may occur to said sewer system, connection, or sewer lateral
15 and User hereby covenants and agrees to save and hold harmless
16 City and its officers, employees or agents from any and all loss,
17 damage or expense that User may incur or suffer by reason of the
18 execution or performance of this Agreement.
19 7. It is mutually covenanted and agreed that City shall not
20 be accountable or liable, nor shall such be held or considered as
21 a breach of this contract, for failure to provide sewer services
22 to User, growing out of any breakage, stoppage or sewage -back-up.
23 in sewer pipes, accident or injury of any kind occurring to the
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sewer and sewage treatment system, or on account of any suit,
25 proceeding, judgment or decree in any court of record, restrain-
26 ing or interfering with performance under this contract on its
27 duties hereunder~ nor shall the City be held accountable or liable
28 under this Agreement for any failure to supply sewer services
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1 growing out of any inability to operate its sewer or treatment
2 system occasioned by an}' accident, Act of God, strike, riot or
3 public enemy.
4 8. City shall have the right to terminate this Agreement
5 and to disconnect the sewer lateral of User and cease sewer
6 services as herein provided by a ninety (90) day written notice
7 mailed either to User or to whomever may be the tenant in
8 occupancy of the User's premises, provided that in case User
9 shall, at any time, make any default in the performance of any of
10 the covenants, conditions and agreements to be kept and performed
11 by it on its part including payments herein provided for, and if
12 any such default shall continue for a period of thirty (30) days,
13 then and in that case, the contract may forthwith be terminated at
14 the option of the City upon giving ten (10) days notice in writing
15 of its intentions so to do, and thereupon the sewer services may
16 be discontinued.
17 9. Upon the annexation of the premises to the City of San
18 Bernardino, if and when such shall occur, this agreement shall
19 automatically terminate and, thereafter, User shall pay the rates
20 applicable under San Bernardino Municipal Code Chapter 13.16 or
21 other laws or amendments thereto hereinafter enacted.
22 10. This Agreement is personal as between the parties hereto
23 and shall give no right or interest whatsoever to the heirs,
24 assigns, devisees or successors-in-interest of User.
25 In the event User shall be divested of his interest or title
26 in the real property described herein, then this Agreement shall
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terminate and anyone succeeding to or acquiring the interest or
28 title of User shall have no rights or interest in this Agreement
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or in the use of City's sewer facilities.
The rights and interest of User in this Agreement and the use
City's sewer
facilities may be assigned
or transferred only
upon the prior written consent of City.
IN WITNESS WHEREOF, the parties hereto
executed
this
have
Agreement as of the date and year first above written.
CITY OF SAN BERNARDINO
By 1______________________________
City Engineer
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USER 1____________________________
15 Approved as to form
16 and Legal Content I
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