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HomeMy WebLinkAbout56-Water Department ~ - - - artY OF SAN .BRNARDlho - REQUM FOR COUNCIL AC'hbN From: BERNARD C. KERSEY DIRECTOR, ADMINISTRATION & FINANCE Dept: WATER DEPARTMENT Subject: STANDARD FORM AGREEMENT FOR OUTSIDE CITY SEWER SERVICE 0.: April 11. 1989 Synopsis of Previous Council action: June 23, 1973 - Resolution No. 11434 established a policy for sewer service outside the incorporated territory of the City of San Bernardino and author- ized the City Engineer to execute a standard form agreement with any user of . sewer service. ftllCommended motion: Adoot Resolution Com act person: Bernard C. Kersey Phone: 384-5393 Supporting data attached:__ Yes Ward: ALL FlINDING REOUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: Al'IAnAa I+A"" Nn 5 ~ - -- - crtt OF SAN 8ERNARDI~O - REQU~T FOR COUNCIL ACTiON STAFF REPORT In 1973, the City established a policy on outside City sewer service and authorized the City Engineer to execute a stan- dard form agreement with users of sewer service. The agree- ment was to be approved by the City Attorney and contain minimum terms and conditions set forth in Resolution No. 11434. It is recommended that Resolution No. 11434 be amended to delete the phrasing that the City adopt a policy of liberally providing sewer service outside its incorporated territory. Additionally, the proposed amendment requires the Board of Water Commissioners and the Mayor and Common Council to approve a request for sewer service outside the corporate limits of the City. Finally, the proposed amendment requires that the standard form agreement shall contain, at a minimum, that the user pay all applicable sewer connection fees and applicable sewer service charges established by the City. The standard form agreement, attached hereto, has also been amended to reflect current requirements. It is requested that this item be placed on the Supplemental Agenda for the May 1, 1989 Council meeting. This item is a compani.on to and necessary for the implementation of the resolution authorizing sewer service for the Inland Empire Job Corp. ~"" -, .. . , '- '-' - 10 11 11. 11 14 llJ 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 11434 PROVIDING THAT USERS 3 LOCATED OUTSIDE THE INCORPORATED TERRITORY OF THE CITY MAY RECEIVE SEWER SERVICES; AUTHORIZING THE CITY ENGINEER TO EXECUTE 4 AGREEMENTS THEREFOR SUBJECT TO CERTAIN TERMS AND CONDITIONS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Section 1 of Resolution No. 11434 is hereby 1 amended to read as follows: B "SECTION 1. A policy is hereby adopted of providing 9 sewer services to users located outside the incorporated territory of the City of San Bernardino in accordance with Municipal Code Section 2.28.030. Upon approval of the Mayor and Common Council, the City Engineer of said City is hereby authorized and directed to execute, on behalf of said City, a standard form agreement approved as to form by the City Attorney, and containing the minimum terms and conditions hereinafter set forth, with any prospective user of sewer service and owner of real property to receive sewer services extended to premises located outside the corporate limits of said City. " SECTION 2. Section 2 of Resolution No. 11434 is hereby amended to read as follows: "SECTION 2. Said agreement shall require that the user and owner shall pay the applicable sewer connection fee or fees and shall pay each month the applicable sewer service charge or charges of said DAB:br May 3, 1989 1 . . .,-, 10 ,_...., - '-~ 1 City; that the City shall have the right to terminate 2 such services by giving a ninety (90) day notice in 3 writing to the user; that said user and owners shall 4 be subject to any increase in fee or fees, charges and 5 amounts, which may be imposed from time to time by the 6 City." 7 I HEREBY CERTIFY that the foregoing resolution was duly 8 adopted by the Mayor and Common Council of the City of San 9 Bernardino at a meeting thereof, held on the , 1989, by the following vote, day of 11 to wit: 12 AYES: 13 14 15 16 17 IH 19 22 NAYS: ABSENT: Shauna Clark, City Clerk The foregoing Resolution is hereby approved this day of , 1989. 20 21 Evlyn Wilcox, Mayor 23 City of San Bernardino 24 Approved as to form and Legal Content: 25 26 JAMES F. PENMAN B~ ,~ Ci ty Attorney 27 28 DAB:br May 3, 1989 2 .. .. '- ,-~ .....'..... - j ~.".rI 8 9 10 11 12 13 as --------------------------------------------------------------, 14 California, and more particularly described as follows to wit: 15 ----------------------------------------------------------- 16 ----------------------------------------------------------- 17 ----------------------------------------------------------- 18 WHEREAS, the above described premises are presently located 19 outside the city limits of City; and 20 WHEREAS, the above described premises does not receive sewer 21 service; and 22 WHEREAS, it is the desire of the parties hereto that User may 23 avail himself of City's sewer facilities; 24 NOW, THEREFORE, in consideration of the promises and of 25 mutual covenants and agreements herein, it is mutually understood 26 and agreed as follows: 27 1. City hereby permits User to install and construct a 28 sewer lateral connecting the sewer plumbing system in any building 1 2 3 4 5 6 THIS AGREEMENT, made and entered into this _________ day of 7 --------------- , 198__ , by and between ________________________ ___.__________________________ , hereinafter referred to as wUSERw, and the City of San Bernardino, a municipal corporation of the State of California, hereinafter referred to as wCITYw; WITNESSETH: WHEREAS, User is the owner of certain premises commonly known AGB.BEBEli7 (Sewer Connection and Service) - - - ,........... - - - 1 on the above described premises to an existing public sewer main 2 of City. User shall be responsible for the repair and maintenance 3 of the sewer lateral up to the point it connects to the public 4 sewer main. Said installation, construction and connection shall 5 be made at User's sole cost and expense. 6 2. User agrees to abide by all the terms and provisions of 7 the San Bernardino Municipal Code, Chapters 13.08, 13.16 and 8 13.32, made a part hereof by reference, which shall include, but 9 is not limited to, the User's agreeing to apply for and obtain 10 from City an appropriate permit for the aforesaid sewer connect- 11 ion, pay all fees necessary for such permit and sewer connection, 12 cause all appropriate inspections to be made and comply with all 13 conditions and requirements made by the office of the City Engi- 14 neer and other departments of the City, or as may be provided in 15 said San Bernardino Municipal Code Chapters 13.08 and 13.32 or 16 other ordinances, laws, or amendments thereto hereinafter enacted. 17 3. User agrees to apply for and obtain from the government- 18 al entity having jurisdiction all necessary permits, including a 19 street or highway permit for the sewer line. 20 4. User agrees to pay to City the applicable monthly 21 charges for sewer services as set forth in Resolution No. 83-279 22 or any subsequent amendment thereto. Such monthly sewer service 23 charges may be increased at any time by action of the Mayor and 24 Common Council to cover increased operating or maintenance costs 25 of, or improvements or additions to, the wastewater treatment 26 system and sewer system of City. 27 5. User agrees to abide by City's rules and regulations and 28 laws relative to the maintenance and operation of City's sewer and - - - . '- /' F..... '-' '-" 1 wastewater treatment system and of the User's sewer and plumbing 2 system, including, but not limited to, San Bernardino Municipal 3 Code Chapter 13.32, or other ordinances, laws, or amendments 4 hereinafter enacted regulating the discharge of wastes into the 5 City sewage system. 6 6. In case it may becomecnecessary to repair or replace any 7 part of the sewer system, City is hereby authorized to close any 8 valve or valves in any of the mains in the City or at the point of 9 connection between the main or lateral of City and the lateral of 10 User as may be necessary for the protection of said sewer system, 11 or to meet the exigency of the situation. It is expressly cove- 12 nanted and agreed that City shall not be held liable or account- 13 able for any bursting, breakage, stoppage, or accident of any kind 14 that may occur to said sewer system, connection, or sewer lateral 15 and User hereby covenants and agrees to save and hold harmless 16 City and its officers, employees or agents from any and all loss, 17 damage or expense that User may incur or suffer by reason of the 18 execution or performance of this Agreement. 19 7. It is mutually covenanted and agreed that City shall not 20 be accountable or liable, nor shall such be held or considered as 21 a breach of this contract, for failure to provide sewer services 22 to User, growing out of any breakage, stoppage or sewage -back-up. 23 in sewer pipes, accident or injury of any kind occurring to the 24 sewer and sewage treatment system, or on account of any suit, 25 proceeding, judgment or decree in any court of record, restrain- 26 ing or interfering with performance under this contract on its 27 duties hereunder~ nor shall the City be held accountable or liable 28 under this Agreement for any failure to supply sewer services - ~ ,"""' /'~ - '-' '-' / 1 growing out of any inability to operate its sewer or treatment 2 system occasioned by an}' accident, Act of God, strike, riot or 3 public enemy. 4 8. City shall have the right to terminate this Agreement 5 and to disconnect the sewer lateral of User and cease sewer 6 services as herein provided by a ninety (90) day written notice 7 mailed either to User or to whomever may be the tenant in 8 occupancy of the User's premises, provided that in case User 9 shall, at any time, make any default in the performance of any of 10 the covenants, conditions and agreements to be kept and performed 11 by it on its part including payments herein provided for, and if 12 any such default shall continue for a period of thirty (30) days, 13 then and in that case, the contract may forthwith be terminated at 14 the option of the City upon giving ten (10) days notice in writing 15 of its intentions so to do, and thereupon the sewer services may 16 be discontinued. 17 9. Upon the annexation of the premises to the City of San 18 Bernardino, if and when such shall occur, this agreement shall 19 automatically terminate and, thereafter, User shall pay the rates 20 applicable under San Bernardino Municipal Code Chapter 13.16 or 21 other laws or amendments thereto hereinafter enacted. 22 10. This Agreement is personal as between the parties hereto 23 and shall give no right or interest whatsoever to the heirs, 24 assigns, devisees or successors-in-interest of User. 25 In the event User shall be divested of his interest or title 26 in the real property described herein, then this Agreement shall 27 . terminate and anyone succeeding to or acquiring the interest or 28 title of User shall have no rights or interest in this Agreement -, - . '- -- ........ - 1 2 3 of 4 5 6 7 8 9 10 or in the use of City's sewer facilities. The rights and interest of User in this Agreement and the use City's sewer facilities may be assigned or transferred only upon the prior written consent of City. IN WITNESS WHEREOF, the parties hereto executed this have Agreement as of the date and year first above written. CITY OF SAN BERNARDINO By 1______________________________ City Engineer 11 12 13 14 USER 1____________________________ 15 Approved as to form 16 and Legal Content I 17 18 19 20 21 22 23 24 25 26 27 28