HomeMy WebLinkAbout32-City Attorney
C~ OF SAN BERNAR~O - REQUCST FOR COUNCIL A~ON
From: Ralph H. Prince
Subject:
Repurchase of Sewer Capacity
Rights
Dept: City Attorney
Date: October 11, 1985
Synopsis of Previous Council action:
12-20-84
Resolution No. 84-530 was adopted establishing
guidelines for transfer of sewer capacity rights
held by the City.
9-23-85
City Attorney directed to amend resolution to
provide refund at old rate minus deposit.
Recommended motion:
Adopt resolution.
~~~
Signature
Contact person:
william Sabourin
Phone:
5055
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
Agenda Item No. ~2.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
NO. 84-530 ENTITLED IN PART "RESOLUTION. . . ESTABLISHING
GUIDELINES FOR TRANSFER OF SEWER CAPACITY RIGHTS. . . "; AND
ADDING A PROVISION CONCERNING GUIDELINES TO REPURCHASE SEWER
CAPACITY RIGHTS.
WHEREAS, Contractors/Developers who do not use sewer
capacity rights purchased from the City may request the City to
repurchase said rights under the provisions of Resolution No. 84-
530; and
WHEREAS, the Mayor and Common Council desire that the funds
for repurchase of said rights shall be derived from the resale of
such repurchased rights at the time such rights are resold.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 84-530 Section 1 is hereby
amended by adding thereto Subsection 11 to read:
- .- - - -' -
"11. In the event the City is requested to repurchBse any
sewer capacity rights the repurchase will be at the original
purchase price less the $100 application fee per sewer capacity
right. The City Administrator shall have authority to approve
repurchase of sewer capacity rights not exceeding seventy-five
(75) equivalent dwelling units. Any request that City repurchase
more than seventy-five (75) equivalent dwelling units of sewer
capacity rights shall be referred to the Mayor and Common Council
for determination. Funds to be paid to the applicant for the
repurchase of such right shall be derived from the resale of the
rights which have been returned for repurchase. The City may
give priority of payment for repurchase of such rights with
regard to resale proceeds Dn a first in/first out basis as
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) repurchased rights are sold."
2 I HEREBY CERTIFY that the foregoing resolution was duly
3 adopted ty the Mayor and Common Council of the City of San
meeting thereof,
4 Bernardino at a
day of
, 1985, by the
51 held on the
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following vote, to wit:
AYES:
Counc il Member s
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
, 1985.
14 day of
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Mayor of the City of San Bernardino
App~sved as to \orm:
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City Attorney
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