HomeMy WebLinkAbout11434 i
1 RESOLUTION NO.
2 !
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO PROVIDING THAT USERS LOCATED OUTSIDE THE INCOR-
PORATED TERRITORY OF THE CITY MAY RECEIVE SEWER SERVICES ; AND
AUTHORIZING THE CITY ENGINEER TO EXECUTE AGREEMENTS THEREFOR
4 SUBJECT TO CERTAIN TERMS AND CONDITIONS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS :
7 SECTION 1. A policy is hereby adopted of liberally
providing sewer services to users located outside the incor-
8
9 porated territory of the City of San Bernardino. The City
Engineer of said City is hereby authorized and directed to
10
11 execute on behalf of said City a standard form agreement
12 approved as to form by the City Attorney and containing the
13 minimum terms and conditions hereinafter set forth, with any
14 prospective user of sewer services and owner of real property
15 to receive sewer services extended to premises located outside
16 the corporate limits of said City.
SECTION 2. Said agreement shall require that the user
17
18 and owner shall pay the applicable sewer connection fee or
19 fees and shall pay each month the applicable sewer service
charge or charges plus an additional charge or charges per
20
month for each such sewer service charge, which shall be the
21
22 amount set forth in Exhibit I , attached hereto and incorporated
herein by reference as fully as though set forth at length;
23
that the City shall have the right to terminate such services
24
by giving a ninety (90) day notice in writing to the user;
25
that said user and owner shall be subject to any increase in
26
said fee or fees, charges and amounts, which may be imposed
27
from time to time by amending Exhibit I hereof.
28
SECTION 3. The authority delegated to the City Engineer
I under this resolution is limited to the express terms and
2 conditions herein set forth and any agreement which is not
3 executed in strict compliance herewith shall be void and shall
4 not be binding upon the City of San Bernardino and its
5 legislative body.
6 I HEREBY CERTIFY that the foregoing resolution was duly
7 adopted by the Mayor and Common Council of the City of San
8 Bernardino at a ° meeting thereof, held on
�-�� �, i
9 the-,_7 .day of ----' 1973, by the following
10 vote, to wit
11 AYES : Councilment
12 i
13 NAYS :
14 ABSENT:
15
16 City Cler
17 The foregoing resolution is hereby approved this ,?
18 day of , , 1973.
19 `
20
Mayor o City/of Sari"-Bernardino
21
22
Apparda as to form:
23
24
ty At rney
25 (P)
aG...
26
27
28 LUCIL ORTH, City
er ,. neun
kyy
t
EXHIBIT "I"
The schedule of charges set forth in the amended resolution is as
follows :
(a) Single Family Dwelling - $5. 50 per month.
(b) Single Family Dwelling Unit in any Duplex , Triplex, Court or
Apartment Building - $3 . 00 per month per dwelling unit .
(c) Each Dwelling Unit in any Hotel or Motel - $3. 00 per month
plus $1. 06 per month per dwelling unit maintained for rental.
(d) Rooming House - $3. 00 per month plus $1. 06 per month per room
maintained for rental in excess of four rooms.
(e) Establishment engaged in the business of manufacturing , rail-
roading, warehousing, processing or wholesaling and each public
utility, governmental agency, bankinq institution, local or
national non-profit charitable organization - $3. 00 per month
plus $0. 16 for each full time employee in excess of ten (10)
full time employees.
(f) Commercial or business establishment not otherwise provided for
in this Agreement - $3 . 00 per month plus $0 . 30 for each full
time employee in excess of ten (10) full time employees. An
additional monthly charge shall be paid for any of the follow-
ing services performed in connection with such commercial
establishments as follows :
1. Restaurant - $3 . 00 per month plus $0 . 30 for each dining
seating capacity in excess of fifteen (15) such seatings .
2. Car Washing Facility - $3 . 00 per month.
3. Bars , Beer Taverns , Soda Fountains - $3. 00 per month plus
$0. 16 for each seating capacity in excess of fifteen (15)
such seatings.
(g) Commercial Laundry, Launderette, Water Softener, Car Wash -
$6 . 00 per month plus $0. 22 per 100 cubic feet of water used
based on the previous month of January use.
(h) School - $15. 00 per month for each one hundred (100) students ,
or fraction thereof, in average daily attendance throughout
the school year.
(i) Church or Place of Religious Worship - $3. 00 per month, plus
$15. 00 per month for each one hundred (100) students or
fraction thereof, in average daily attendance if school is
conducted in connection with such church.
1
(j) Office Building - $3 . 00 per month, plus $0. 76 for each room;
however, the charges fixed by this subsection shall be
applicable only to that portion of any building devoted to
offices.
1 . Office Suite situated in any building other than an
office building - $3. 00 per month.
(k) Hospital or Rest Home - $3 . 00 per month, plus $1. 06 for each
patient bed facility.
(1) Trailer Camp or Trailer Park - $3. 00 .per month plus $2 .26 for
each available trailer space.
(m) Theater, Dance Hall, Skating Rink, Pool Hall , Bowling Alley
or Other Places of Amusement - $6 .00 per month plus $0 .30 for
each seating facility in excess of fifteen (15) such seatings .
(n) Club House or Lodge - $6 . 00 per month plus $0;30 for each
seating facility in excess of fifteen (15) such seatings , and
plus $1. 06 for each bedroom.
2
1 � A G R E E M E N T
2 (Sewer Connection and Service)
3 THIS AGREEMENT, made and entered into this 11th day of
4 July , 197 8 , by and between
BURKE L. BAUGH and BECKY BAUGH, husband and wife
7 hereinafter referred to as "User" , and the CITY OF SAN BERNARDINO,
8 a municipal corporation of the State of California, hereinafter
9 referred to as "City" ;
10 W I T N E S S E T H:
111 WHEREAS, User is the owner of certain premises commonly
12 known as 4065 First Avenue, San Bernardino, CA
13 �
141 California, and more particularly described as follows, to wit:
15 The North 128 feet of the South 256 feet of Lot 7 in Arrowhead
16 Suburban Farms, Tract "A" as per plat recorded in Book 28 of Maps,
Page 6, Records of the County Recorder of San Bernardino County.
17
18
19
20
21
22
23
24
25 R
26
27
28
_1_
I WHEREAS, the above described premises are presently located
2 outside the city limits of City; and
3 WHEREAS, the above described premises does not receive seweld
4 service; and
5 WHEREAS, it is the desire of the parties hereto that User
6 may avail himself of City' s sewer facilities;
7 NOW, THEREFORE, in consideration of the promises and of
8 mutual covenants and agreements herein, it is mutually understood
9 and agreed as follows:
10 1. City hereby permits User to install and construct a
11 sewer lateral connecting the sewer plumbing system in any building
12 on the above described premises to an existing sewer main of City.
13 Said installation, construction and connection shall be made at
14 User ' s sole cost and expense.
2 . User agrees to abide by all the terms and provisions
15
16 of Ordinance No. 2158 of City, made a part hereof by reference,
which shall include, but is not limited to, the User ' s agreeing
17
18 o apply for and obtain from City an appropriate permit for the
19 foresaid sewer connection, pay all fees necessary for such permit
20 nd sewer connection, cause all appropriate inspections to be made
21 and comply with all conditions and requirements made by the office
22 of the City Engineer and other departments of the City, or as may
23 be provided in said Ordinance No. 2158 or other ordinances, laws,
r amendments thereto hereinafter enacted.
24
25
3. User agrees to apply for and obtain from the govern-
26 ental entity having jurisdiction all necessary permits, including
street or highway permit for the sewer line.
27
28 4 . User agrees to pay to City the applicable monthly
-2-
i
1 charges for sewer services as set forth in Resolution No. 11434
2 or any subsequent amendment thereto. Such monthly sewer service
3 charges may be increased at any time by action of the Mayor and
4 Common Council to cover increased operating or maintenance costs
5 of, or improvements or additions to, the wastewater treatment
6 system and sewer system of City.
7 5 . User agrees to abide by City' s rules and regulations
8 and laws relative to the maintenance and operation of City' s
9 sewer and wastewater treatment system and of the User ' s sewer and
10 plumbing system, including, but not limited to, Ordinance No. 3034
11 or other ordinances, laws, or amendments hereinafter enacted reg-
12 ulating the discharge of wastes into the City sewage system.
13 6 . In case it may become necessary to repair or replace
14 any part of the sewer system, City is hereby authorized to close
15 any valve or valves in any of the mains in the City or at the
16 point of connection between the main or lateral of City and the
17 lateral of User as may be necessary for the protection of said
18 sewer system, or to meet the exigency of the situation. It is
19 expressly covenanted and agreed that City shall not be held lia-
20 ble or accountable for any bursting, breakage, stoppage, or
21 accident of any kind that may occur to said sewer system, connec-
22 tion, or sewer lateral and User hereby covenants and agrees to
23 save and hold harmless City and its officers, employees or agents
24 from any and all loss, damage or expense that User may incur or
25 suffer by reason of the execution or performance of this AgreementF
26 7 . It is mutually covenanted and agreed that City shall
27 of be accountable or liable, nor shall such be held or considered
28 s a breach of this contract, for failure to provide sewer service
-3-
i
I to User, growing out of any breakage, stoppage or sewage "back-up"
2 in sewer pipes, accident or injury of any kind occurring to the
3 sewer and sewage treatment system, or on account of any suit, pro-
4 eeding, judgment or decree in any court of record, restraining
5 or interfering with performance under this contract on its duties
6 hereunder; nor shall the City be held accountable or liable under
7 this Agreement for any failure to supply sewer services growing
8 out of any inability to operate its sewer or treatment system
9 occasioned by any accident, Act of God, strike, riot or public
10 enemy.
11 8. City shall have the right to terminate this Agreement
12 and to disconnect the sewer lateral of User and cease sewer ser-
13 vices as herein provided by a ninety (90) day written notice
14 mailed either to User or to whomever may be the tenant in occu-
15 pancy of the User ' s premises, provided that in case User shall,
16 at any time, make any default in the performance of any of the
17 covenants, conditions and agreements to be kept and perfc::med by
18 it on its part including payments herein provided for, and if any
19 such default shall continue for a period of thirty (30) days, then
20 and in that case, this contract may forthwith be terminated at the
21 option of the City upon giving ten (10) days notice in writing of
22 its intentions so to do, and thereupon the sewer services may be
23 discontinued.
24 9. Upon the annexation of the premises to the City of San
25 Bernardino, if and when such shall occur, this agreement shall
26 automatically terminate and, thereafter, User shall pay the rates
27
applicable under City Ordinance No. 2175 or other laws or amend-
ments thereto hereinafter enacted.
28
-4-
i
1 10. This Agreement is personal as between the parties
2 hereto and shall give no right or interest whatsoever to the
3 heirs, assigns, devisees or successors-in-interest of User.
4 In the event User shall be divested of his interest or
5 title in the real property described herein, then this Agreement
6 shall terminate and anyone succeeding to or acquiring the inter-
7 est or title of User shall have no rights or interest in this
8 Agreement or in the use of City' s sewer facilities.
9 The rights and interest of User in this Agreement and the
I
10 use of City' s sewer facilities may be assigned or transferred
11 only upon the prior written consent of City.
12 IN WITNESS WHEREOF, the parties hereto have executed this
13 Agreement as of the date and year first above written.
14 �
CITY OF SAN BERNARDINO
15
16
By
17 City E gineer
18
19 User c{
20
21 Jpprove& to form;
22
23
i ity Att Hey
24 P)
25
26
27
28
-5-