HomeMy WebLinkAbout40-Water Department
. CITY OF SAN B.QNARDINO - REQUEO FOR COUNCIL ACTIO~
From: Cheryl Flowers, Secretary
Dept: Board of Water Commissioners
Subject: Request for Outside City sewer
service (incorporated County
area of Muscoy) 3741 Luther
Street, Mr. A. Merle Sessions
Dau: March 11, 1992
Synopsis of Previous Council action:
NONE
Recommended motion:
Adopt Resolution
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Signature
Contact person:
Cheryl Flowers
Phone: 714/384-5393
Supporting daU attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
NA
Source: IAcct. No.!
(Acct. DescriDtion)
Finance:
Council Notes:
7~.0262
Agenda Item NO.Jl!)
CITY OF SAN B~NARDINO - REQUEO FOR COUNCIL ACTIO~
STAFF REPORT
Mr. A. Merle Sessions has submitted a request for permission to
connect an existing single-family residence located at 3741 Luther
Street (unincorporated County area of Muscoy) to the city sewer
system.
According to information submitted by Mr. Sessions, the existing
septic system has been repaired several times and failed
repeatedly. He is running out of locations to install new leach
lines and growing concerned over the health and safety of his
tenants.
Mr. Sessions also stated he is willing to annex to the City, if
this were possible, as a condition of receiving City sewer service.
Based on the information presented, the Board of Water
Commissioners, at their regular meeting held on Tuesday, March 3,
1992, voted unanimously to approve the request for outside city
sewer service for 3741 Luther Street based upon the health and
safety issues, and authorized the Secretary to submit the request
to the Mayor and Common Council.
It should be noted that Mr. Joseph Stejskal, Director of
Engineering, Construction & Maintenance, spoke with Mr. Gene Klatt,
Assistant city Engieer, who indicated that the city would allow a
domestic sewer connection on their Duffy Street 18" interceptor
line.
It is requested that this item be scheduled as soon as possible due
to the health and safety concerns of the tenants of this property.
75-0264
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VICINITY MAP
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CITY Of SAN BERNARDINO
MuNICIPAL WATER DEPARTMENT
~Ql)!:8T !rOO OUTSIDE aTY SEWER SERVICE
MR. A. MERLE SESSIONS .3741 LlITltER SlJlEET
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1
RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE ANNEXATION OF A SINGLE FAMILY
3 RESIDENCE LOCATED AT 3741 LUTHER STREET TO THE CITY'S SEWER SYSTEM.
4 WHEREAS, Mr. A. Merle Sessions, owner of the property known
5 as 3741 Luther Street (unincorporated County area of Muscoy), has
6 requested sewer service for a single family residence at said
7 location; and
8 WHEREAS, the Board of Water Commissioners considered the
9 request for sewer service to said parcel, and recommends approval
10 based on a finding of health and safety due to a failed septic
11 system and inability of the owner to find locations to install new
12 leach lines; and
13 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
14 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
15 The property owned by Mr. A. Merle Sessions, located at 3741
16 Luther Street, Assessors Parcel No. 267-031-45 be authorized to
17 connect to the City's sewer system, subject to the payment of all
18 applicable fees and charges, and entering into a standard form
19 agreement for Outside city Sewer Service, a copy of which is
20 attached hereto and incorporated herein as Exhibit "A".
21 I HEREBY CERTIFY that the foregoing resolution was duly
22 adopted by the Mayor and Common Council of the City of San
23 Bernardino at a regular meeting thereof, held on the
day
24 of
25 I I I I I
26 I I I I I
27 I I I I I
28 I I I I I
, 19___, by the following vote to wit:
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1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE ANNEXATION OF A SINGLE FAMILY RESIDENCE
2 LOCATED AT 3741 LUTHER STREET TO THE CITY'S SEWER SYSTEM.
3 Council Members: AYES NAYS ABSTAIN
4 ESTRADA
5 REILLY
6 HERNANDEZ
7 MAUDSLEY
8 MINOR
9 POPE-LUDLAM
10 MILLER
11
12
CITY CLERK
13
14 The foregoing resolution is hereby approved this
15 day of
16
, 19_
17
MAYOR
18
19 APPROVED AS TO FORM
AND LEGAL CONTENT:
20
21 ~=RNEY
22
23
24
25
26
27
28 4/6/92
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1
RECORDIRG REQUESTED BY AND
2 1IBDf RECORDED HAIL TO:
3 city of San Bernardino
Water Department
4 P.O. Box 710
San Bernardino, California 92402
5 ATTN: Marjorie A.Scott
6
7
AGREEMENT
8
(Sewer Connection and Service)
9
10
THIS AGREEMENT is made and entered into this
day of
11
, 19
, by and between city of San Bernardino, a
12 municipal corporation of the State of California, hereinafter
13 referred to as "CITY", and
Mr. A. Merle Sessions
and
14 his/her/their successor(s) in interest, hereinafter referred to as
15 "USER".
16
17
WITNESSETH:
18
19 WHEREAS, User is the owner of certain premises commonly known
20 as
3741 Luther Street. San Bernardino. California
(Street Address)
21
22 San Bernardino, California, and more particularly described as
23 follows to wit:
24 Assessor's Parcel No.: 267-031-45
25 Leqal Description of Property: Lot 7. Tract No. 4695. as Der
26 Dlat recorded in Book 65. Paae 73 of MaDS. records of said
27 Countv
28
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1 WHEREAS, User represents that it has a legal interest in the
2 property and that all other persons holding legal interests in the
3 property and all successors in interest are bound by this
4 Agreement; and
5 WHEREAS, the above described premises are presently located
6 outside the City limits of city; and
7 WHEREAS, the above described premises does not receive sewer
8 service; and
9 WHEREAS, it is the desire of the parties hereto that User may
10 avail himself of city's sewer facilities.
11 NOW, THEREFORE, in consideration of the promises and of mutual
12 covenants and agreements herein, it is mutually understood and
13 agreed as follows:
14 1. City hereby permits User to install and construct a sewer
15 lateral connecting the sewer plumbing system in any building on the
16 above described premises to an existing public sewer main of City.
17 User shall be responsible for the repair and maintenance of the
18 sewer lateral up to the point it connects to the public sewer main.
19 Said installation, construction and connection shall be made at
20 User's sole cost and expense.
21 2. User agrees to abide by all the terms and provisions of
22 the San Bernardino Municipal Code, Chapters 13.08, 13.16 and 13.32,
23 made a part hereof by reference, which shall include, but is not
24 limited to, the User's agreeing to apply for and obtain from city
25 an appropriate permit for the aforesaid sewer connection, pay all
26 fees necessary for such permit and sewer connection, cause all
27 appropriate inspections to be made and comply with all conditions
28 and requirements made by the office of the City Engineer and other
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1 departments of the city, or as may be provided in said San
2 Bernardino Municipal Code Chapters 13.08 and 13.32 or other
3 ordinances, laws, or amendments thereto hereinafter enacted.
4 3. User agrees to apply for and obtain from the governmental
S entity having jurisdiction all necessary permits, including a
6 street or highway permit for the sewer line.
7 4. User agrees to pay to City the applicable monthly charges
8 for sewer services as set forth in Resolution No. 91-361 or any
9 subsequent amendment thereto. Such monthly sewer service charges
10 may be increased at any time by action of the Mayor and Common
11 council to cover increased operating or maintenance costs of, or
12 improvements or additions to, the wastewater treatment system and
13 sewer system of city.
14 S. User agrees to abide by city's rules and regulations and
lS laws relative to the maintenance and operation of city's sewer and
16 wastewater treatment system and of the User's sewer and plumbing
17 system, including, but not limited to, San Bernardino Municipal
18 Code Chapter 13.32, or other ordinances, laws, or amendments
19 hereinafter enacted regulating the discharge of wastes into the
20 City sewage system.
21 6. In case it may become necessary to repair or replace any
22 part of the sewer system, City is hereby authorized to close any
23 valve or valves in any of the mains in the city or at the point of
24 connection between the main or lateral of City and the lateral of
2S User as may be necessary for the protection of said sewer system,
26 or to meet the exigency of the situation. It is expressly
27 covenanted and agreed that City shall not be held liable or
28 accountable for any bursting, breakage, stoppage, or accident of
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1 any kind that may occur to said sewer system, connection, or sewer
2 lateral and User hereby covenants and agrees to save and hold
3 harmless City and its officers, employees or agents from any and
4 all loss, damage or expense that User may incur or suffer by reason
5 of the execution or performance of this Agreement.
6 7. It is mutually covenanted and agreed that City shall not
7 be accountable or liable, nor shall such be held or considered as
8 a breach of this contract, for failure to provide sewer services
9 to User, growing out of any breakage, stoppage or sewage "back-up"
10 in sewer pipes, accident or injury of any kind occurring to the
11 sewer and sewage treatment system, or on account of any suit,
12 proceeding, judgment or decree in any court of record, restraining
13 or interfering with performance under this contract on its duties
14 hereunder; nor shall the city be held accountable or liable under
15 this Agreement for any failure to supply sewer services growing out
16 of any inability to operate its sewer or treatment system
17 occasioned by any accident, Act of God, strike, riot or public
18 enemy.
19 8. city shall have the right to terminate this Agreement and
20 to disconnect the sewer lateral of User and cease sewer services
21 as herein provided by a ninety (90) day written notice mailed
22 . either to User or to whomever may be the tenant in occupancy of the
23 User's premises, provided that in case User shall, at any time,
24 make any default in the performance of any of the covenants,
25 conditions and agreements to be kept and performed by it on its
26 part including payments herein provided for, and if any such
27 default shall continue for a period of thirty (30) days, then and
28 in that case, the contract may forthwith be terminated at the
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1 option of.the city upon giving ten (10) days notice in writing of
2 its intentions so to do, and thereupon the sewer services may be
3 discontinued.
4 9. Upon the annexation of the premises to the city of San
5 Bernardino, if and when such shall occur, this Agreement shall
6 automatically terminate and, thereafter, User shall pay the rates
7 applicable under San Bernardino Municipal Code Chapter 13.16 or
8 other laws or amendments thereto hereinafter enacted.
9 10. User shall at all times keep city apprised of its current
10 residence and mailing addresses in the event user does not reside
11 at the property herein described.
12 11. The covenants and agreements hereby created to benefit
13 the land are and shall be construed as covenants running with the
14 land, and each and every person accepting a deed to said property
15 shall thereby consent and agree to be bound by the covenants herein
16 contained to the same extent as though he had signed this
17 instrument. The undersigned, in executing and delivering any deed
18 to said property, shall insert in said conveyances, by reference,
19 that the same are made subject to the terms, conditions and
20 covenants herein contained, designating the book and page of the
21 record in which this instrument is recorded.
22 12. The rights and interest of User in this Agreement and the
23 use of _ city's sewer facilities pertain to the herein described
24 property only, and may not be assigned or transferred for the
25 benefit of any other property.
26 III
27 III
28 III
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1 IN WITNESS WHEREOF, the parties hereto have executed this
2 Agreement as of the date and year first above written.
3
CITY OF SAN BERNARDINO
4
5
By:
6
General Manager
7
USER:
8
USER:
9
10 Approved as to form
and Legal Content:
11
JAMES F. PENMAN
12
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14 (City rney
Sr. ~ s;+,
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