HomeMy WebLinkAbout26-Water Department
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! CITY OF SAN BERNARDINO - REC3UeST FOR COUNCIL ACTION
Dept Water
Date: 7/11/2001
CRIGI/. .~
SubjectAdopt a Resolution approving a Quitclaim Deed to
transfer Rights to Enter to San Bernardino International
Airport Authority from the Water Department for property
originally owned by Ersul Water Company.
M&CC Meeting Date: 7/23/2001
From: Bernard C. Kersey, General Manager
Synopsis of Previous Council Action:
None
Recommended motion:
Adopt Resolution
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~ignat6re
Ir J::.k.
Contact person: Bernard C. Kersev. General Manaoer
Phone:
384-5091
Supporting data attached:
Yes
Ward:
1
FUNDING REQUIREMENTS:
Amount N/A
Source:(Acct. No.) Water Department
(Acct. Description)
Finance:
Council Notes: p}Le...U WeHr 6-
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Agenda Item No. ~ II
75-0262
. .
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Sub;ect:
Transfer of rights to enter to San Bernardino International Airport
Authority
Backaround:
Ersul Water Company (Ersul) was a privately owned water utility
governed by the Public Utilities commission. Ersul was a wholly owned
subsidiary of Golconda Utilities Company (Golconda), as of October
1969, when the Public Utilities Commission began examining the
operations of Golconda.
Ersul had the right to enter upon five pieces of property, more fully
described in the attached exhibits, Exhibits "AU through "E". The
right to enter was for the purpose of inspecting, maintaining,
repairing, removing, replacing and servicing pipelines owned by Ersul.
On November 16, 1970, the United States District Court for the Central
District of California issued an order, in Bankruptcy No. 36160
(Golconda Utilities Company is the bankrupt), confirming the sale of
the Ersul Water System and any real property thereof to the City of
San Bernardino Municipal Water Department. Ersul's system was
abandoned and the Water Department constructed a distribution system
to the 92 users who were served by Ersul.
The court ordered that "all right, title and interest of bankrupt
(Golconda) in the Ersul System and utility plant consisting of water
distribution facilities and equipment, located in the City of San
Bernardino and generally bounded by Tippecanoe Street on the west,
Mill Street on the north, and Central Avenue on the south, bankrupt's
certificate of public convenience and necessity, all of bankrupt's
right, title and interest to any real or personal properties in said
Ersul System, and bankrupt's claim of compensation, if any, for any
service duplication from the construction or extension of water
service to the Ersul System area by any purchaser of said assets;
provided that there is excepted from the property so sold the
following personal properties, facilities and equipment: the pressure
tank, a storage tank, and a pump and motor."
It further
Department
estate .
ordered that "the sale of said property to the Water
. for. . $500.00 and the release of the bankruptcy
. is approved and confirmed."
With the court-ordered sale of Ersul, the Water Department acquired
the same interests that Ersul had in the subject property and,
specifically, the interest described in Exhibits "AU through "E", the
right to enter on the five pieces of property.
In the 1980s, the United States Air Force purchased the real property
which was subject to the Department's right to enter, and paid the
Department to remove its distribution system in that area for the
purposes of creating a "clear zone" for the existing runway.
The San Bernardino International Airport Authority (SBIAA) currently
owns the area in which Ersul was formerly located. The Department
wishes to transfer the rights granted in the bankruptcy sale to the
SBIAA, the property owner, in order to clear the title. Transfer
would be pursuant to a quitclaim deed.
Financial Impact:
None
Recommendation:
It is recommended that the Mayor and Common Council adopt the
resolution approving the transfer of the rights to enter, more fully
described in the attached exhibits, Exhibits "A" through "E", to the
San Bernardino International Airport Authority by quitclaim deed.
.' CITY OF SAN BERNARDINO - REf3UEST FOR COUNCIL ACTION
Dept Water
Date: 6/7/2001
Subject Adopt a Resolution approving a Quitclaim Deed to
transfer Rights to Enter to Inland Valley Development
Agency from the Water Department for property originally
owned by Ersul Water Company.
M&CC Meeting Date: 7/9/2001
From: Bernard C. Kersey, General Manager
Synopsis of Previous Council Action:
None
Recommended motion:
Adopt Resolution
Signature
Contact person: Bernard C. Kersev. General Manaaer
Phone:
384-5091
Supporting data attached:
Yes
Ward:
1
FUNDING REQUIREMENTS:
Amount N/A
Source:(Acct. No.) Water Deoartment
(Acc!. Descriotion)
Finance:
Council Notes:
75-0262
~/"//JI
Agenda Item No.17
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Transfer of rights to enter to Inland Valley Development Agency
Backqround:
Ersul Water Company (Ersul) was a privately owned water utility
governed by the Public Utilities Commission. Ersul was a wholly owned
subsidiary of Golconda Utilities Company (Golconda), as of October
1969, when the Public Utilities Commission began examining the
operations of Golconda.
Ersul had the right to enter upon five pieces of property, more fully
described in the attached exhibits, Exhibits "A" through "E". The
right to enter was for the purpose of inspecting, maintaining,
repairing, removing, replacing and servicing pipelines owned by Ersul.
On November 16, 1970, the United States District Court for the Central
District of California issued an order, in Bankruptcy No. 36160
(Golconda Utilities Company is the bankrupt), confirming the sale of
the Ersul Water System and any real property thereof to the City of
San Bernardino Municipal Water Department. Ersul's system was
abandoned and the Water Department constructed a distribution system
to the 92 users who were served by Ersul.
The court ordered that "all right, title and interest of bankrupt
(Golconda) in the Ersul System and utility plant consisting of water
distribution facilities and equipment, located in the City of San
Bernardino and generally bounded by Tippecanoe Street on the west,
Mill Street on the north, and Central Avenue on the south, bankrupt's
certificate of public convenience and necessity, all of bankrupt's
right, title and interest to any real or personal properties in said
Ersul System, and bankrupt's claim of compensation, if any, for any
service duplication from the construction or extension of water
service to the Ersul System area by any purchaser of said assets;
provided that there is excepted from the property so sold the
following personal properties, facilities and equipment: the pressure
tank, a storage tank, and a pump and motor."
It further
Department
estate .
ordered that "the sale of said property to the Water
. . for, . . $500.00 and the release of the bankruptcy
. is approved and confirmed."
With the court-ordered sale of Ersul, the Water Department acquired
the same interests that Ersul had in the subject property and,
specifically, the interest described in Exhibits "A" through "E", the
right to enter on the five pieces of property.
In the 1980s, the United States Air Force purchased the real property
which was subject to the Department's right to enter, and paid the
Department to remove its distribution system in that area for the
purposes of creating a "clear zone" for the existing runway.
The Inland Valley Development Agency (IVDA) currently owns the area in
which Ersul was formerly located. The Department wishes to transfer
the rights granted in the bankruptcy sale to the IVDA, the property
owner, in order to clear the title. Transfer would be pursuant to a
quitclaim deed.
Financial Impact:
None
Recommendation:
It is recommended that the Mayor and Common Council adopt the
resolution approving the transfer of the rights to enter, more fully
described in the attached exhibits, Exhibits "A" through "E", to the
Inland Valley Development Agency by quitclaim deed.
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_28
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RESOLUTION NO,
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A QUITCLAIM DEED TRANSFERRING RIGHTS TO ENTER
TO SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FOR PROPERTY
ORIGINALLY OWNED BY ERSUL WATER COMPANY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
WHEREAS, on November 16, 1970, the City of San Bernardino
Municipal Water Department acquired property, through an order
common in Bankruptcy No. 36160 of the United States District Court
for the Central District of California, confirming the sale of the
Ersul Water Company system and any real property thereof; and
WHEREAS, the Ersul Water Company system was abandoned and the
Water Department constructed a distribution system to the 92 users
who were served by Ersul Water Company; and
WHEREAS, with the Court-ordered sale of Ersul Water Company,
the Water Department acquired the right to enter on five pieces of
property (Exhibits A through E); and
WHEREAS, in the 1980s, the United States Air Force purchased
the real property in which the Water Department had the right to
enter; and
WHEREAS, the San Bernardino International Airport Authority has
acquired the real property from the United States Air Force; and
WHEREAS, the Board of Water Commissioners of the City of San
Bernardino, at its June 5, 2001 regular meeting, determined that the
subject interests are not likely to be utilized by the Water
Department.
July 9, 2001
Page 1 of 2
12 LIEN
13 MCGINNIS
14 SCHNETZ
{15 SUAREZ
'-
16 ANDERSON
17 MCCAMMACK
18
19
1
'............ 2
3
4
5
6
7
8
9
10
11
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
QUITCLAIM DEED TRANSFERRING RIGHTS TO ENTER TO SAN BERNARDINO INTERNATIONAL AIRPORT
AUTHORITY FOR PROPERTY ORIGINALLY OWNED BY ERSUL WATER COMPANY,
NOW THEREFORE BE IT RESOLVED that the City of San Bernardino
transfers the rights to enter on five pieces of property (Exhibit A
through E) granted in the bankruptcy sale, in Bankruptcy No. 36160,
to the San Bernardino International Airport Authority through a
Quitclaim Deed in order to clear the title.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
meeting
the
of
on
day
thereof,
held
, 2001, by the following vote, to wit:
Council Members:
ABSTAIN
ABSENT
AYES
NAYS
ESTRADA
Rachel G. Clark, .City Clerk
20
21
The foregoing resolution is hereby approved this
day
22 of
, 2001.
23
Judith Valles, Mayor
24 City of San Bernardino
Approved as to
25 Form and legal content:
26 JAMES F. PENMAN,
City Attorney
27
.,-28 BY=J:,.-z-_ t. Pew-...,
,-. ()
July 9. 2001
Page 2 of 2
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Inland Valley Development Agency
294 S. Leland Norton Way
San Bernardino, CA 92408
APN:
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, and its Municipal Water Department, does hereby REMISE,
RELEASE AND FOREVER QUITCLAIM to the INLAND VALLEY DEVELOPMENT AGENCY, a Joint
Powers Authority, the following real property located in the City of San Bernardino, County of San Bernardino,
State of California, described as follows:
LEGAL DESCRIPTIONS ATTACHED AS EXHIBITS "A", "B", "C", "D" and "E"
CITY OF SAN BERNARDINO,
DATE:
by:
JUDITH V ALLES, Mayor
ATTEST:
RACHEL CLARK, City Clerk
ACKNOWLEDGEMENT OF GRANTOR(S):
COUNTY OF
)
) S.S.
J
STATE OF CALIFORNIA
On
before me,
, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s) , or the entity on behalf of which person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
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WATER DEPAHTMENT
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EXHJ8IT 'A' 1
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ERSUL WATER COMPANY
EXHIBIT A
PARCEL "A":
AN EASEMENT FOR PIPE LINE PURPOSES OVER, ACROSS, UNDER AND/OR ALONG
THE WEST 10 FEET OF THE EAST 25 FEET OF THAT PORTION OF THE EAST
1/2 OF LOT 6, BLOCK 47, RANCHO SAN BERNARDINO, AS PER PLAT RECORDED
IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 36, TRACT NO. 3309, AS PER
PLAT RECORDED IN BOOK 44 OF MAPS, PAGE 100, RECORDS OF SAID COUNTY;
THENCE SOUTH 89 DEG. 48' 30" EAST ALONG THE SOUTHERLY BOUNDARY OF
SAID TRACT NO. 3309, 25 FEET; THENCE SOUTH 0 DEG. 00' 30" WEST, 60
FEET; THENCE NORTH 89 DEG. 39' 17" WEST, 120 FEET; THENCE NORTH 0
DEG. 13 ' 30" EAST, 60 FEET TO THE SOUTH LINE OF SAID TRACT NO.
3309; THENCE EASTERLY 95 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP IN BOOK
1, PAGE 97, RECORDS OF SURVEY,
GRANTOR ALSO GRANTS TO ERSUL WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO ENTER UPON SAID PROPERTY AT ALL TIMES FOR THE
PURPOSE OF INSPECTING, MAINTAINING, REPAIRING, REMOVE, REPLACING
AND SERVICING SAID PIPE LINES.
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EXHIBIT B
PARCEL "B":
AN EASEMENT FOR PIPE LINE PURPOSES OVER, ACROSS, UNDER AND/OR ALONG
THE WEST 10 FEET OF THE NORTH 126 FEET, AND ACROSS THE SOUTH 10
FEET OF THE NORTH 126 FEET OF THAT PORTION OF LOT 6, BLOCK 47,
RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE
2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT NORTH 89 DEG. 48' 30" WEST, 25 FEET FROM THE
SOUTHWEST CORNER OF LOT 16, TRACT NO. 3309; THENCE SOUTH 0 DEG. 03'
30" WEST, 130 FEET; THENCE WEST 125 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 0 DEG. 03' 30" EAST, 70 FEET; THENCE SOUTH
89 DEG. 39' 30" EAST, 5 FEET; THENCE NORTH 0 DEG. 3' 30" WEST, 60
FEET TO THE SOUTH LINE OF TRACT NO. 3309; THENCE WESTERLY ALONG THE
SOUTH LINE OF SAID TRACT TO THE WEST LINE OF THE EAST 1/2 OF LOT 6,
BLOCK 47, RANCHO SAN BERNARDINO; THENCE SOUTH ALONG SAID WEST LINE,
129.27 FEET; THENCE EAST 137 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING,
GRANTOR ALSO GRANTS TO ERSUL WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO ENTER UPON SAID PROPERTY AT ALL TIMES FOR THE
PURPOSE OF INSPECTING, MAINTAINING, REPAIRING, REMOVE, REPLACING
AND SERVICING SAID PIPE LINES.
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EXHIBIT 'C' 1
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ERSUL WATER COMPANY
EXHIBIT C
PARCEL "C":
AN EASEMENT FOR PIPE LINE PURPOSES OVER, ACROSS, UNDER AND/OR ALONG
THE WEST 10 FEET OF THE EAST 25 FEET, AND ACROSS THE SOUTH 10 FEET
OF THE NORTH 126 FEET, EXCEPT THE EAST 25 FEET OF THAT PORTION OF
THE EAST 1/2 OF LOT 6, BLOCK 47, RANCHO SAN BERNARDINO, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 2 , RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT DISTANT SOUTH 89 DEG. 48' 30" EAST, 25 FEET
FROM THE SOUTHEAST CORNER OF LOT 36, TRACT NO. 3309, AS PER PLAT
RECORDED IN BOOK 44 OF MAPS, PAGE 100, RECORDS OF SAID COUNTY;
THENCE SOUTH 0 DEG. 03' 30" WEST, 60 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 0 DEG. 03' 30" WEST, 70 FEET TO
THE NORTH LINE OF THE PROPERTY CONVEYED TO ERNEST A. ANGELL, ET UX,
BY DEED DATED DECEMBER 9, 1952 AND RECORDED JANUARY 2, 1953, IN
BOOK 3081, PAGE 286, OFFICIAL RECORDS OF SAID COUNTY; THENCE WEST
ALONG THE NORTH LINE OF SAID ANGELL PROPERTY, 125 FEET; THENCE
NORTH 0 DEG. 03' 30" EAST, 70 FEET TO A POINT 50 FEET SOUTH OF THE
SOUTH LINE OF SAID TRACT NO. 3309; THENCE SOUTH 89 DEG. 39' 30"
EAST, 125 FEET TO THE TRUE POINT OF BEGINNING.
GRANTOR ALSO GRANTS TO ERSUL WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO ENTER UPON SAID PROPERTY AT ALL TIMES FOR THE
PURPOSE OF INSPECTING, MAINTAINING, REPAIRING, REMOVE, REPLACING
AND SERVICING SAID PIPE LINES.
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EXHIBIT D
PARCEL "D":
AN EASEMENT FOR PIPE LINE PURPOSES OVER, ACROSS, UNDER AND/OR ALONG
THE WEST 10 FEET OF THE EAST 25 FEET OF THAT PORTION OF THE SOUTH
1/2 OF THE FOLLOWING DESCRIBED PROPERTY, BEING THAT PORTION OF THE
EAST 1/2 OF LOT 6, BLOCK 47, RANCHO SAN BERNARDINO, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 2 , RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE PROPERTY
CONVEYED TO ERNEST A. ANGELL, ET UX, BY DEED RECORDED JANUARY 2,
1953, IN BOOK 3081, PAGE 286, OFFICIAL RECORDS, WITH THE CENTER
LINE OF FAIRFAX DRIVE AS SHOWN ON THE MAP OF TRACT NO. 3309, AS PER
PLAT RECORDED IN BOOK 41 OF MAPS, PAGE 100, RECORDS OF SAID COUNTY,
EXTENDED SOUTHERLY; THENCE SOUTHERLY ALONG THE SOUTHERLY
PROLONGATION OF SAID CENTER LINE OF SAID FAIRFAX DRIVE AS ABOVE
DESCRIBED, 130 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID ANGELL
PROPERTY AS ABOVE DESCRIBED; THENCE WEST ALONG THE SOUTHERLY LINE
OF SAID PROPERTY, 123,25 FEET; THENCE NORTH, PARALLEL WITH THE
SOUTHERLY PROLONGATION OF THE CENTER LINE OF FAIRFAX DRIVE AS ABOVE
DESCRIBED, 130 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF
SAID PROPERTY AS DESCRIBED ABOVE, A DISTANCE OF 123,25 FEET FROM
THE POINT OF BEGINNING; THENCE EAST 123,25 FEET TO THE POINT OF
BEGINNING.
GRANTOR ALSO GRANTS TO ERSUL WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO ENTER UPON SAID PROPERTY AT ALL TIMES FOR THE
PURPOSE OF INSPECTING, MAINTAINING, REPAIRING, REMOVE, REPLACING
AND SERVICING SAID PIPE LINES,
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ERSUL WATER COMPANY
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EXHIBIT E
PARCEL "E":
AN EASEMENT FOR PIPE LINE PURPOSES OVER, ACROSS, UNDER AND ALONG
THAT PORTION OF LOTS 5 AND 6, BLOCK 47, RANCHO SAN BERNARDINO, AS
PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 38, TRACT NO. 3309;
THENCE WEST TO THE EAST LINE OF LOT 6, BLOCK 47, RANCHO SAN
BERNARDINO; THENCE NORTH ALONG THE EAST LINE OF LOTS 6 AND 5, BLOCK
47, RANCHO SAN BERNARDINO, TO THE SOUTH LINE OF SULLIVAN STREET;
THENCE EAST ALONG THE SOUTH LINE OF SULLIVAN STREET TO THE
NORTHWEST CORNER OF LOT 38, TRACT NO. 3309; THENCE SOUTH ALONG THE
WEST LINE OF LOT 38, TRACT NO. 3309 TO THE POINT OF BEGINNING.
GRANTOR ALSO GRANTS TO ERSUL WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO ENTER UPON SAID PROPERTY AT ALL TIMES FOR THE
PURPOSE OF INSPECTING, MAINTAINING, REPAIRING, REMOVE, REPLACING
AND SERVICING SAID PIPE LINES.
ERSUL WATER COMPANY
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VICINITY MAP
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SAN BERNARDINO
WA71SR DEPARTMENT
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SAN BERNARDINO
WATER DEPARTMENT
COMPOSITE EXHIBIT
ERSUL WATER COMPANY
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '1-"2-::'-0 \ Item #2(,
Vote: Ayes 2-'1 Nays-e
Change to motion to amend original documents:
Resolution # 2Co \ - 24l
Abstain -e Absent I
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD WICOUNTY
Date Sentto Mayor: 'l-;;2 5 -0 \
Date of Mayor's Signature: i- ::;> (" -01
Date ofClerklCDC Signature: 1- ~'" -C) \
Date
etter Sent for Signature:
See Attached:
See Attached:
ttached:
60 Day Reminder Letter Sent on
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ./
Parks & Rec.
Code Compliance
Dev. Services
Police
Public Services
Water
Notes:
NulVVoid After:
By: tlTI\t1JMotJ (9. Ck.Q:I, ')
Reso. Log Updated: ,/'
Seal Impressed: ./'
Date Returned: _
Yes ..L. No By
Yes No ~ By
Yes No ./ By
Yes No ,/ By
Yes No/ By
EDA
,/
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File~
Date: 1- 2:iJ ..0\
Revised 0111210 I