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HomeMy WebLinkAbout26-Water Department CITY OF SAN BERNODINO - REQUEST F~ COUNCIL ACTION From: Bernard C. Kersey, Secretary Subject: REQUEST FOR SEWER SERVICE OUTSIDE THE CORPORATE LIMITS OF THE CITY 2504 MACY STREET LUTHER T. FAIR Dept: Board of Water Commissioners Date: November 8, 1990 Synopsis of Previous Councilection: None :."::::J "".., .'. '""' ~::.:- -~ r;:::, I ~ ::,~.) i;:::i ..;,... J~ 'r~.) ,......; .,.~ .1:' Recommended motion: Adopt Resolution ~~l Contact person: Bernard C. Kersey Phone: 384-5091 Supporting data attached : Yes Ward: FUNDING REQUIREMENTS: Amount: NA Source: (Acct. No.l (Acct. DescriDtion) Finance: Council Notes: ~ ~5'02.2 Agenda Item No. ct'L0 CITY OF SAN BERNAaDINO - REQUEST Fc:Q COUNCIL ACTION STAFF REPORT Mr. Luther T. Fair has submitted a request to connect a self service laundromat located at 2504 Macy Street (Assessors Parcel No. 268-241-24) to the City's sewer system. The property is located outside the corporate limits of the City. The property is a 70' by 305' lot with a self service laundromat. Information was submitted by a plumbing contractor stating the septic tank on the property is unsafe, outdated and unsanitary. An inspection of the property was performed Mr. James Watson, Environmental Control Officer for the Water Department, in which he concurs with the information submitted by the a plumbing contractor. The City recently completed a new sewer interceptor line which fronts this property. Based on the information presented, the Board of Water Commissioners at their November 6, 1990 meeting, voted unanimously to approve the request for sewer service for 2504 Macy Street, based upon water quality impacts to the groundwater basin, and authorized the Secretary to submit the request to the Mayor and Common Council. The property is not adjacent to existing City boundaries. In addition to all regular sewer connection fees, the applicant must pay $1,000.00 to the City to process his sewer connection permit. It is requested that this item be scheduled as soon as possible due to the water quality concerns. 15-0264 o o 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CONNECTION OF A SELF SERVICE 5 LAUNDROMAT LOCATED AT 2504 MACY STREET TO THE CITY'S SEWER SYSTEM. 6 7 8 9 10 11 WHEREAS, Mr. Luther T. Fair, owner of the property known as 2504 Macy Street, outside the corporate limits of the City, has requested sewer service for a self service laundromat at said location; and WHEREAS, the Board of Water Commissioners considered the request for sewer service to said parcel, and recommends approval 12 based on a finding of water quality impacts to the groundwater due 13 to ,a failed septic system, and the inability of the owners to 14 replace the septic system. 15 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 16 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 17 That the property owned by Mr. Luther T. Fair, located at 2504 18 Macy Street, Assessors Parcel No. 268-241-24 be authorized to 19 connect to the City's sewer system, subject to the payment of all 20 applicable fees and charges, and entering into a Standard Form 21 Agreement for Outside City Sewer Service, a copy of which is 22 attached hereto and incorporated herein as Exhibit "A". 23 I HEREBY CERTIFY that the foregoing resolution was duly 24 adopted by the Mayor and Common Council of the City of San 25 Bernardino at a meeting thereof, held 26 on the day of , 19_, by the 27 following vote to wit: 28 IIII 11/8/90 RESOLUTION APPRlWG THE CONNECTION OF A SELF S~E LAUNDROMAT LOCATED AT 2504 MACY S~ THE CITY'S SEWER SYSTEM. ...., 1 2 Council Members: AID IAn ABSTAIII 3 ESTRADA 4 REILLY 5 FLORES 6 MAUDSLEY 7 MINOR 8 POPE-LUDLAM 9 MILLER 10 11 12 CITY CLERK 13 The foregoing resolution is hereby approved this day 14 of , 1990. 15 16 17 W.R. HOLCOMB, MAYOR 18 City of San Bernardino 19 APPROVED AS TO FORM 20 AlID LEGAL CONTENT: 21 JAMES F. PENMAN City Attorney 22 23 24 25 26 27 I 28 I ! If' I1/S/90 -2- "4 VXCXNXTY HAP For l1'ac:t No.225B MU217H7 ..........UIlH.... ue-24 ....... /no 1D7CllI . @) .nIlU 8 (!) Ci) fi f) ... ... - .- .- <f> .- fj , . ...eM .-. 8.10 , ... . . .. - 8 - -... ... t ~ ..--- - -, . , ~ , 'I --~-~-Pf--IN--I- ////fr//// @ ~1Jlr -'...&.It --..- - 17" . - f:!:J!. ~ LOCATXON OF PROPERTY CITY f1F SAN BERNARDINO MUNICIPAL WATER DEPARTMENT RIlQUIST JOI OU'lSIDI CITY SEWER CONNECTION 2504 MACY STIlET, MR. LU'l'HBIl T. lAIR o o 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 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of San Bernardino Municipal Water Department P.O. Box 710 San Bernardino, California 92402 ATTN: Marjorie A. Scott AGREEMENT (Sewer Connection and Service) THIS AGREEMENT is made and entered into this day of , 19____, by and between City of San Bernardino, a municipal corporation of the State of California, hereinafter LUTHER T . FAIR referred to as "CITY", and and his/her/their successor(s) in interest, hereinafter referred to as "USER". WITNESSETH: WHEREAS, User is the owner of certain premises commonly known as 2504 MACY STREET (Street Address) San Bernardino, California, and more particularly described as follows to wit: 0268-241-24 Assessor's Parcel No.: TRACT NO. 2258 S 20 FT LOT 299 AND Legal Description of Property: N 60 FT LOT 300 EX E 8 FT N 60 FT LOT 300 WHEREAS, User represents that it has a legal interest in the property and that all other persons holding legal interests in the - < o o 1 property and all successors in interest are bound by this 2 Agreement; and 3 WHEREAS, the above described premises are presently located 4 outside the City limits of City; and 5 WHEREAS, the above described premises does not receive sewer 6 service; and 7 WHEREAS, it is the desire of the parties hereto that User may 8 avail himself of City's sewer facilities. 9 NOW, THEREFORE, in consideration of the promises and of mutual 10 covenants and agreements herein, it is mutually understood and 11 agreed as follows: 12 1. City hereby permits User to install and construct a sewer 13 lateral connecting the sewer plumbing system in any building on the 14 above described premises to an existing public sewer main of City. 15 User shall be responsible for the repair and maintenance of the 16 sewer lateral up to the point it connects to the pUblic sewer main. 17 Said installation, construction and connection shall be made at 18 User's sole cost and expense. 19 2. User agrees to abide by all the terms and provisions of the 20 San Bernardino Municipal Code, Chapters 13.08, 13.16 and 13.32, 21 made a part hereof by reference, which shall include, but is not 22 limited to, the User's agreeing to apply for and obtain from City 23 an appropriate permit for the aforesaid sewer connection, pay all 24 fees necessary for such permit and sewer connection, cause all 25 appropriate inspections to be made and comply with all conditions 26 and requirements made by the office of the City Engineer and other 27 departments of the City, or as may be provided in said San 28 Bernardino Municipal Code Chapters 13.08 and 13.32 or other -2- < o o 1 ordinances, laws, or amendments thereto hereinafter enacted. 2 3. User agrees to apply for and obtain from the governmental 3 entity having jurisdiction all necessary permits, including a 4 street or highway permit for the sewer line. 5 4. User agrees to pay to City the applicable monthly charges 6 for sewer services as set forth in Resolution No. 83~279 or any 7 subsequent amendment thereto. Such monthly sewer service charges 8 may be increased at any time by action of the Mayor and Common 9 Council to cover increased operating or maintenance costs of, or 10 improvements or additions to, the wastewater treatment system and 11 sewer system of City. 12 5. User agrees to abide by City's rules and regulations and 13 laws relative to the maintenance and operation of City's sewer and 14 wastewater treatment system and of the User's sewer and plumbing 15 system, including, but not limited to, San Bernardino Municipal 16 Code Chapter 13.32, or other ordinances, laws, or amendments 17 hereinafter enacted regulating the discharge of wastes into the 18 City sewage system. 19 6. In case it may become necessary to repair or replace any 20 part of the sewer system, City is hereby authorized to close any 21 valve or valves in any of the mains in the City or at the point of 22 connection between the main or lateral of City and the lateral of 23 User as may be necessary for the protection of said sewer system, 24 or to meet the exigency of the situation. It is expressly 25 covenanted and agreed that City shall not be held liable or 26 accountable for any bursting, breakage, stoppage, or accident of 27 any kind that may occur to said sewer system, connection, or sewer 28 lateral and User hereby covenants and agrees to save and hold -3- 'co...,..-.. " . o o 1 harmless City and its officers, employees or agents from any and 2 all loss, damage or expense that User may incur or suffer by reason 3 of the execution or performance of this Agreement. 4 7. It is mutually covenanted and agreed that City shall not 5 be accountable or liable, nor shall such be held or considered as 6 a breach of this contract, for failure to provide sewer services 7 to User, growing out of any breakage, stoppage or sewage "back-up" 8 in sewer pipes, accident or injury of any kind occurring to the 9 sewer and sewage treatment system, or on account of any suit, 10 proceeding, judgment or decree in any court of record, restraining 11 or interfering with performance under this contract on its duties 12 hereunder; nor shall the City be held accountable or liable under 13 this Agreement for any failure to supply sewer services growing 14 out of any inability to operate its sewer or treatment system 15 occasioned by any accident, Act of God, strike, riot or pUblic 16 enemy. 17 8. City shall have the right to terminate this Agreement and 18 to disconnect the sewer lateral of User and cease sewer services 19 as herein provided by a ninety (90 ) day written notice mailed 20 either to User or to whomever may be the tenant in occupancy of the 21 User's premises, provided that in case User shall, at any time, 22 make any default in the performance of any of the covenants, 23 conditions and agreements to be kept and performed by it on its 24 part inclUding payments herein provided for, and if any such 25 default shall continue for a period of thirty (30) days, then and 26 in that case, the contract may forthwith be terminated at the 27 option of the City upon giving ten (10) days notice in writing of 28 its intentions so to do, and thereupon the sewer services may be -4- . . o o 1 discontinued. 2 9. Upon the annexation of the premises to. the City of San 3 Bernardino, if and when such shall occur, this Agreement shall 4 automatically terminate and, thereafter, User shall pay the rates 5 applicable under San Bernardino Municipal Code Chapter 13.16 or 6 other laws or amendments thereto hereinafter enacted. 7 10. User shall at all times keep City apprised of its current 8 residence and mailing addresses in the event user does not reside 9 at the property herein described. 10 11. The covenants and agreements hereby created to benefit 11 the land are and shall be construed as covenants running with the 12 land, and each and every person accepting a deed to said property 13 shall thereby consent and agree to be bound by the covenants herein 14 contained to the same extent as though he had signed this 15 instrument. The undersigned, in executing and delivering any deed 16 to said property, shall insert in said conveyances, by reference, 17 that the same are made subject to the terms, conditions and 18 covenants herein contained, designating the book and page of the 19 record in which this instrument is recorded. 20 12. The rights and interest of User in this Agreement and the 21 use of City's sewer facilities pertain to the hereindescribed 22 property only, and may not be assigned or transferred for the 23 benefit of any other property. 24 III 25 III 26 III 27 III 28 III -5- . AGREEMENT RE: CONNECTION OF A SELF SE~CE LAUNDROMAT LOCATED AT 2504 MAC:>STREET TO THE CITY'S SEwa-JSYSTEM 1 2 3 Agreement as of the date and year first above written. 4 5 6 7 8 9 10 11 12 13 14 IN WITNESS WHEREOF, the parties hereto have. executed this CITY OF SAN BERNARDINO By: General Manager USER: USER: Approved as to form and Legal Content: JAMES F. PENMANN 16 17 18 19 20 21 22 23 24' 25 26 27 28 -6-