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CI. OF SAN BERNARDIe> - REQU~ FOR COUNCIL
From: Ralph H. Prince
Subject: Repurchase of Sewer Capac i ty
Rights
Dept: City Attorney
Date: June 26, 1986
Synopsis of Previous Council action:
6/16/86
Mayor and Common Council adopted Resolution 86-250
establishing guidelines for repurchase by the Board
of Water Commissioners of sewer capacity rights,
leaving the time period that the applicants must agree
to use the sewer capacity rights blank.
Recommended motion:
Adopt resolution.
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~ignature
Contact person:
Bernie Kersey
Phone:
5393
N/I'.
Supporting data attached:
Yes
Ward:
FUNDING REOUIREMENTS:
Amount:
None
Source:
NIl'.
Finance:
Council Notes:
75-0262
Agenda Item N~ '1 .
1
RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
NO. 86-250 ENTITLED IN PART "RESOLUTION . . . ESTABLISHING
3 GUIDELINES FOR REPURCHASE BY THE BOARD OF WATER COMMISSIONERS OF
SEWER CAPACITY RIGHTS. . .", AND PROVIDING THAT APPLICANTS MUST
4 AGREE TO USE THE SEWER CAPACITY RIGHTS WITHIN SIX MONTHS OF
PURCHASE.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Resolution No. 86-260 Section 1 is hereby amended
8 to read:
9 "SECTION 1. The Mayor and Common Council hereby establish
10 the following guidelines which shall be adhered to in the
11 repurchase of sewer capacity rights by the Board of Water
12 commissioners from private holders. This program is necessary to
13 provide some inducement to present holders to turn in their
14 rights. It is also necessary to discourage holders from tying up
15 rights for projects which may not be built for two years.
16 A. The Board will offer to buy back unused sewer capacity
17 rights from original holders at a price of $1620.00.
18 B. The Board will, in turn, resell these sewer capacity
19 rights to new applicants for $2260.00.
20 C. New applicants shall be subject to all terms and
21 conditions, other than price, set forth in Resolution Nos. 84-271
22 and 84-530.
23 D. As a condition of resale, the original holders shall have
24 the right to buy back sewer capacity rights from the Board at a
25 price of $1620.00 no sooner than October 1, 1987, and no later
26
than December 31, 1989.
27
E. As a requirement of the purchase agreement, new
28 applicants must agree to use the sewer capacity rights within six
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1 months of purchase. Use shall be defined as assignment of sewer
2 capacity rights to the appropriate jurisdiction for use and
3 building(s) construction commencing within six months of purchase
4 date. Any sewer capacity rights which are not used timely will
5 revert to the City, and the City will refund the sum of $2000.00."
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
9 the
day of
, 1986, by the following vote,
10 to wit:
11
12
AYES:
Council Members
13 NAYS:
14 ABSENT:
15
16
17
City Clerk
The foregoing resolution is hereby approved this
day
18 of
, 1986.
19
20
Mayor of the City of San Bernardino
21 Approved as to form:
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