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HomeMy WebLinkAbout2009-072 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 700Q-72 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT FOR THE RESALE OF SEWER CAPACITY RIGHTS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the San Bernardino Municipal Water Department for the resale of sewer capacity rights, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. III III III III III III III III III III . 2009-72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT FOR THE RESALE OF SEWER CAPACITY RIGHTS. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6th day of April , 2009, by the following vote to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x x BRINKER SHORETT x KELLEY x x JOHNSON MCCAMMACK x - ~,1 City'e1erk The foregoing resolution is hereby approved this 7nt k.~ day of April 2009. ~~ . ck J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Arney J./~ 2 2009-72 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT TONI CALLICOTT President STACEY R. ALDSTADT General Manager ROBIN L. OHAMA Deputy General Manager MATTHEW H. LITCHFIELD. P.E. Director, Water Utility JOHN A. CLAUS Director, Water Reclamation DON SHACKELFORD Director, Finance VALERIE HOUSEL Director, Environmental & Regulatory Compliance BOARD OF WATER COMMISSIONERS Commissioners B. WARREN COCKE NORlNE I. MILLER LOUIS A. FERNANDEZ WAYNE R. HENDRIX "Trusted, Quality Service since 1905" Agreement to Purchase Se_r Capacity Rights The City of San Bernardino Board of Water Commissioners (Board) through the City of San Bernardino Municipal Water Department (Department) hereby agrees to purchase all rights, title and interest for l05.49 sewer capacity rights from the City of San Bernardino (City) for a total sum of two hundred thirty-eight thousand four hundred seven dollars and forty cents ($238,407.40). Upon receipt of the said payment from the Department, the Board and the City furthermore agree to terminate the Reservation Agreement No. 100001 for wastewater treatment plant capacity rights entered into as of August 3l, 1984. The Board and the City acknowledge and agree that each shall not be held liable for any legal or other consequences to the other as a result of this agreement. Date: -1/'0/0 ;1 City of San Bernardino mate !J~e[~ By: Title: Interim City Manager Purchaser: Date: 1/ /1'1 /01 . San Bernardino Municipal Water Department By: ~~ St ey R. Aldstadt Title: General Manager Approved as to form: By: 1- ~ty Attorney "D" Street, San Bernardino, California 92418 P.O. Box 710, 92402 Phone: (909) 384-5141 FACSIMILE NUMBERS: Administration: (909) 384-5215 Engineering: (909) 384.5532 Customer Service: (909) 384.7211 Corporate Yards: (909) 384.5260 Water Reclamation Plant: (909) 384-5258