HomeMy WebLinkAbout21- Public Works CITY OF SAN BERNAINO - REQUEST FOB"' COUNCIL ACTION
File No. 3.01
Authorization to Execute Sewer
From: ROGER G. HARDGRAVE Subject: Connection Agreement --
MUSCOY ELEMENTARY SCHOOL
Dept: Public Works
Date: 12-17-92
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Bernie Kersey
Manuel Moreno, Jr.
Signature
Contact person: Roger G. Hardqrave Phone: 5025
Staff Report, Agreement,
Supporting data attached: Resolution, Letters, Map Ward: N/A
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
7s_n9aq Ananrin Itam Nn �l
CITY OF SAN BERNAI )INO - REQUEST FO COUNCIL ACTION
STAFF REPORT
A request has been received from the San Bernardino City
Unified School District, by letter from Mr. William
Niemantsverdriet, Building Services Director, dated 11-16-92, for
authorization to connect Muscoy Elementary School to the City' s
sewage system. A copy of this letter is attached for reference.
Sewer service would be provided by connecting to the 21-inch
intercepting City sewer in both Macy Street and Blake Street, as
shown on the attached map.
This request was presented to the Board of Water Commission-
ers, by memo from Cheryl Flowers, dated 12-8-92 , for a
determination that adequate sewer plant capacity was available.
The Board made this determination at their meeting of 12-15-92.
The proposed Sewer Connection Agreement provides, in
general , that the school can connect to the City' s Sewage System,
subject to all terms and conditions of the San Bernardino Muni-
cipal Code. This Agreement can be terminated by the City with a
90-day written notice, and will expire automatically upon annexa-
tion.
We recommend that the request to connect to the City' s
sewage system be approved.
12-17-92
75-0264
CITY OF SAN BERNARDINO WATER DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Board of Water Commissioners
FROM: Cheryl Flowers, Assistant General Manager
SUBJECT: Reguest for Treatment Plant capacity from San Bernardino
Unified School District for Muscoy Mutual
DATE: December 8, 1992
COPIES: Jim Watson, Roger Hardgrave
The City Public Works Department has received a request for the
Muscoy Elementary School located at 2119 Blake Street (at Macy) to
connect to the City's Sewer System. The school is on a septic
system which is currently functioning satisfactorily, however it is
old and will therefore need replacement in the near future. The
Building Services Director of the Unified School District is
presently evaluating the available options.
The school receives its water supply from the Muscoy Mutual Water
Company and has an average inside use of 2,244 gallons per day;
irrigation water is metered separately and according to the
school's billings, averages 28,090 gpd. Assuming these outside
numbers are off by a factor of 101, the estimated water use on which
the "Schools and Churches" sewer rate would be applied is 4,900
gpd. The return rate is estimated by John Carollo Engineers in
establishing the rate tables at 35%, or 1,715 gpd, which is
reasonably close to the 2,244 gpd, considering the questionable
meter data. An estimated sewer flow of 1700-2200 gpd could be
treated at the Water Reclamation Plant with no noticeable
operational impact. The strength of flow from the school should be
of average domestic quality with no expected hazards.
It is recommended that the Board of Water Commissioners acknowledge
available capacity in the Water Reclamation Plant to serve the
Muscoy Elementary School and direct staff to notify the City
Engineer of such, and to negotiate a contract for the purchase of
capacity rights with the San Bernardino Unified School District
should they determine a sewer connection to be their preferred
option.
Respectfully submitted,
NLq
Q
Cheryl A. Flowers
Assistant General Manager
CAF:als
Attachment
,tile
k 7-
T es-e 2 DWG. 87'52
«G. 7f4c -
BLAKE ST. ah
M USCG Y
E"4 S-M,
CHOOL '
. n
I�
9
h�
p o
*` v
I.
io
I�
I'S
i
DARBY ST.
why
��ry ti
i 4
v
v �
Q '
t
MALLORY Sr
San Bernardino City Uni,,..,;d School District 0
E.Neal Roberts,Ed.D.,Superintendent
Harold L.Boring,Ed.D.,Assistant Superintendent,Administrative Services Your Public Schools . . . ,
There's No Better Place To Learn
November 16, 1992
Mr. Rodger Hardgrave
San Bernardino City Engineer
300 North D Street
San Bernardino, CA 92401
Dear Rodger:
I would like to know if it would be possible to connect Muscoy
Elementary School, 2119 Blake Street, San Bernardino, to the
City sewer system as there is a line that runs along two sides
of the school.
The school is presently on an old septic tank system. We
recently had the tank pumped and it has given us very little
trouble but it is extremely old and is made of old type brick.
We feel it would be a better operation, both from our standpoint
and hopefully from your standpoint, to connect the sewer system
into the City sewer. I am sure we will have to work out a lot
of details such as who would be the inspector, the County or the
City? since we are coming from the County into the City sewer
system. We would have to work out some type of billing system
as we buy water from another water district, not the City, and
we would have to figure what the sewage disposal costs would be.
Please give me a call or refer me to someone I could talk to in
this matter. Bob Leon, my Plumbing Supervisor, has more details
than I but we would gladly meet with your people in trying to
come up with a solution.
Thanks for your consideration.
Sincerely,
zG�Z gd.- 4 -cart S to l'ii z�tc C�
William iemantsverdriet
Buildi g Services Director
WGN:mrr
ADMINISTRATIVE SERVICES DIVISION
Building Services • 956 West 9th Street • San Bernardino,CA 92411 • (714) 381-1280
L,
0
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SEWER CONNECTION AGREEMENT WITH THE SAN BERNARDINO
3 CITY UNIFIED SCHOOL DISTRICT RELATIVE TO CONNECTION OF MUSCOY
ELEMENTARY SCHOOL TO THE CITY' S SEWAGE SYSTEM.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, a Sewer Connection Agreement with the San Bernardino City
9 Unified School District relative to connection of Muscoy
10 Elementary School to the City' s sewage system, a copy of which is
11 attached hereto, marked Exhibit "A" and incorporated herein by
12 reference as fully as though set forth at length.
13 SECTION 2 . The authorization to execute the above-
14 referenced agreement is rescinded if the parties to the agreement
15 fail to execute it within sixty (60) days of the passage of this
16 resolution.
17
18
19
20
21
22
23
24
25
26
27
28
12-17-92
RESO: AUTHORIZING EXECUTION OF A SEWER CONNECTION AGREEMENT FOR
MUSCOY FT•EMENTARY SCHOOL.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1993, by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
Rachel Clark, City Clerk
15
The foregoing resolution is hereby approved this
16
day of 1993.
17
18
W. R. Holcomb, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23
i
24
25
26
27
28
2 -
1 SEWER CONNECTION AGREEMENT
2
3 THIS AGREEMENT is made and entered into this day of
4 1993, by and between the City of San
5 Bernardino, a municipal corporation of the State of California,
6 hereinafter referred to as "CITY, " and the San Bernardino City
7 Unified School District and their successor (s) in interest,
hereinafter referred to as "USER. "
8
9 WITNESSETH:
10 WHEREAS, User is the owner of certain premises commonly
11 known as 2119 Blake Street
12 (Street Address)
San Bernardino, California, and more particularly described as
13
follows, to wit:
14
Assessor' s Parcel Number: 268-031-13
15
16 Legal Description of Property: Lot 343, Tract 2258, as per
17 map recorded in Book 32 of Maps, Page 72 , in the office of the
18 County Recorder of said County.
19
20
21 WHEREAS, User represents that it has a legal interest in
22 the property and that all other persons holding legal interests
23 in the property and all successors in interest are bound by this
24 Agreement; and
25 WHEREAS, the above described premises are presently
26 located outside the City limits of City; and
27 WHEREAS, the above described premises do not receive sewer
28 service; and
j WHEREAS, it is the desire of the parties hereto that User
2 may avail himself of City' s sewer facilities .
3 NOW, THEREFORE, in consideration of the promises and of
4 mutual covenants and agreements herein, it is mutually understood
5 and agreed as follows:
6 1 . City hereby permits User to install and construct a
7 sewer lateral connecting the sewer plumbing system in any
8 existing building on the above described premises to an existing
9 public sewer main of City. User shall be responsible for the
10 repair and maintenance of the sewer lateral up to the point it
11 connects to the public sewer main. User shall design sewer
12 lateral to provide for a drop flow meter, per specifications
13 approved by City. Said installation, construction and connection
14 shall be made at User' s sole cost and expense.
15 2. User agrees to abide by all the terms and provisions
16 of the San Bernardino Municipal Code, Chapters 13 . 08 , 13 . 16 and
17 13. 32, made a part hereof by reference, which shall include, but
18 is not limited to, the User' s agreeing to apply for and obtain
19 from City an appropriate permit for the aforesaid sewer
20 connection, pay all fees necessary for such permit and sewer
21 connection, cause all appropriate inspections to be made and
22 comply with all conditions and requirements made by the office of
23 the City Engineer and other departments of the City, or as may be
24 provided in said San Bernardino Municipal Code Chapters 13. 08 and
25 13. 32 or other ordinances, laws, or amendments thereto
26 hereinafter enacted.
27 3. User agrees to apply for and obtain from the
28 governmental entity having jurisdiction all necessary permits,
- 2 -
1 including a street or highway permit for the sewer line.
2 4 . User agrees to pay to City the applicable monthly
3 charges for sewer services as set forth in Resolution No. 91-361
4 or any subsequent amendment thereto. Such monthly sewer service
5 charges may be increased at any time by action of the Mayor and
6 Common Council to cover increased operating or maintenance costs
7 of, or improvements or additions to, the wastewater treatment
8 system and sewer system of City.
9 5 . User agrees to abide by City' s rules and regulations
10 and laws relative to the maintenance and operation of City' s
11 sewer and wastewater treatment system and of the User' s Sewer and
12 plumbing system, including, but not limited to, San Bernardino
13 Municipal Code Chapter 13 . 32 , or other ordinances, laws, or
14 amendments hereinafter enacted regulating the discharge of wastes
15 into the City sewage system.
16 6. In case it may become necessary to repair or replace
17 any part of the sewer system, City is hereby authorized to close
18 any valve, or valves, in any of the mains in the City or at the
19 point of connection between the main or lateral of City and the
20 lateral of User as may be necessary for the protection of said
21 sewer system, or to meet the exigency of the situation. It is
22 expressly covenanted and agreed that City shall not be held
23 liable or accountable for any bursting, breakage, stoppage, or
24 accident of any kind that may occur to said sewer system, connec-
25 tion, or sewer lateral and User hereby covenants and agrees to
26 save and hold harmless City and its officers, employees or agents
27 from any and all loss, damage or expense that User may incur or
28 suffer by reason of the execution or performance of this
3 -
i
1 Agreement.
2 7 . It is mutually covenanted and agreed that City shall
3 not be accountable or liable, nor shall such be held or
4 considered as a breach of this contract, for failure to provide
5 sewer services to User, growing out of any breakage, stoppage or
6 sewage "back-up" in sewer pipes, accident or injury of any kind
7 occurring to the sewer and sewage treatment system, or on account
8 of any suit, proceeding, judgment or decree in any court of
9 record, restraining or interfering with performance under this
10 contract on its duties hereunder; nor shall the City be held
11 accountable or liable under this Agreement for any failure to
12 supply sewer services growing out of any inability to operate its
13 sewer or treatment system occasioned by any accident, Act of God,
14 strike, riot or public enemy.
15 8 . City shall have the right to terminate this Agreement
16 and to disconnect the sewer lateral of User and cease sewer
17 services as herein provided by a ninety (90) day written notice
18 mailed either to User or to whomever may be the tenant in
19 occupancy of the User' s premises, provided that in case User
20 shall , at any time, make any default in the performance of any of
21 the covenants, conditions and agreements to be kept and performed
22 by it on its part, including payments herein provided for, and if
23 any such default shall continue for a period of thirty (30) days,
24 then and in that case, the contract may forthwith be terminated
25 at the option of the City upon giving ten (10) days notice in
26 writing of its intentions so to do, and thereupon the sewer
27 services may be discontinued.
28
- 4 -
1 9 . Upon the annexation of the premises to the City of San
2 Bernardino, if and when such shall occur, this Agreement shall
3 automatically terminate and, thereafter, User shall pay the rates
4 applicable under San Bernardino Municipal Code Chapter 13 . 16 or
5 other laws or amendments thereto hereinafter enacted.
6 10 . User shall at all times keep City apprised of its
7 current residence and mailing addresses in the event user does
8 not do business or reside at the property herein described.
9 11 . The covenants and agreements hereby created to benefit
10 the land are and shall be construed as covenants running with the
11 land, and each and every person accepting a deed to said property
12 shall thereby consent and agree to be bound by the covenants
13 herein contained to the same extent as though he had signed this
14 instrument. The undersigned, in executing and delivering any
15 deed to said property, shall insert in said conveyances, by
16 reference, that the same are made subject to the terms,
17 conditions and covenants herein contained, designating the book
18 and page of the record in which this instrument is recorded.
19 12 . The rights and interest of User in this Agreement and
20 the use of City' s sewer facilities pertain to the herein
21 described property only, and may not be assigned or transferred
22 for the benefit of an, other property.
23 13 . User shall save, keep and hold harmless the City its
24 officers, employees and agents, from all damages, costs or
25 expenses in law or equity that may at any time arise or be set up
26 because of damage to property, or of personal injury which may be
27 caused by any willful or negligent act or omission by the user,
28 its officers, employees or agents.
- 5 -
SEWER CONNECTION AGREEMENT: MUSCOY ELEMENTARY SCHOOL
1 IN WITNESS WHEREOF, the parties hereto have executed this
2 Agreement as of the date and year first above written.
3
CITY OF SAN BERNARDINO,
4 a municipal corporation
5
By
6 Mayor
7 ATTEST:
8
City Clerk
9
10 SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
11
12 By
13 Approved as to form
and legal content:
14
James F. Penman
15 City Attorney
n
16 'By
17 F
18
19
20
21
22
23
24
25
26
27
28
- 6 -