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cr '~ OF SAN BERNARr 'to - REQU' IT FOR COUNCIL At ION
From: Bernard C. Kersey, Deputy City
Clerk & Ex-Officio Secretary
Dept: Board of Water Commissioners
Subject: Request for Sewer Connection
25492 San Bernardino Avenue
Date: March 14, 1988
~q
Synopsis of Previous Council action:
NONE
Recommended motion:
That A. Carol Lackyard be authorized to connect property located at 25492 San Bernardino
Avenue to the City of San Bernardino sewer system, based upon health and safety due to a
failed septic system. Further, that A. Carol Lackyard be required to enter into a standard
form agreement for sewer service outside the corporate limits of the City with the Director
of Public Works/City Engineer.
Contact person:
Bernard C. Kersey
Phone:
1R4-')1Q1
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount: None
Sou rce:
Finance:
Council Notes:
75-0262
~GI-
Agenda Item No._~ _ ~
CITy OF SAN BERNARDlhv - REQUE~ ( FOR COUNCIL ACTluN
STAFF REPORT
On February 12, 1988, a request was submitted by A. Carol
Lackyard to conpect her property located at 25492 San Bernar-
dino Avenue to the City's sewer system. The property has two
(2) houses on it which are connected to a septic tank which
is failing. The yard is not large enough to replace the
deteriorated septic system and leach lines.
Contact was made with the County of San Bernardino Community
Development Department regarding the sewage problem since the
two housing units are rentals for low income families. The
inspector at the County verified the problem with the exist-
ing septic tanks and leach lines, and advised if the property
is not connected to the sewer system, the housing units would
have to be vacated for health and safety concerns.
The request of Ms. I.ackyard was presented to the Board of
Water Commissioners at their regular meeting held March 1,
1988. Rased upon the finding of health and safety for the
occupants of the premises, the Board unanimously voted to
approve the request for sewer connection outside the corpor-
ate limits of the City, and authorized the Secretary to
forward the request to the Mayor and Common Council for
approval.
,
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~~E~~M~liT
(Sewer Connection and Service)
day of
THIS AGREEMENT, made and entered into this
, 198_, by and between
, hereinafter referred to as "USER",
San Bernardino, a municipal corporation of the
nia, hereinafter referred to as "CITY";
WITNESSETH:
WHEREAS, User is the owner of certain premises commonly known
and the City of
State of Califor
as
California, and more particularly described as follows to wit:
,
~mEREAS, the above described premises are presently located
outside the city limits of City; and
WHEREAS, the above described premises does not receive sewer
service; and
WHEREAS, the existing septic system on above described
property has failed and cannot be replaced because the property is
not large enough for a septic system and leach lines; and
WHEREAS, the dwelling units on the site will have to be
vacated if no source of sewage disposal is made available; and
WHEREAS, it is the desire of the parties hereto that User may
avail himself of City's sewer facilities;
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NOW, THEREFORE, in consideration of the promises and of
mutual covenants and agreements herein, it is mutually understood
and agreed as follows:
1. City hereby permits User to install and construct a
sewer lateral connecting the sewer plumbing system in any building
on the above described premises to an existing sewer main of City.
Said installation, construction and connection shall be made at
User's sole cost and expense.
2. User agrees to abide by all the terms and provisions of
the San Bernardino Municipal Code, Chapters 13.08, 13.16 and
13.32, made a part hereof by reference, which shall include, but
is not limited to, the User's agreeing to apply for and obtain
from City an appropriate permit for the aforesaid sewer connect-
ion, pay all fees necessary for such permit and sewer connection,
cause all appropriate inspections to be made and comply with all
conditions and requirements made by the office of the City Engi-
neer and other departments of the City, or as may be provided in
said San Bernardino Municipal Code Chapters 13.08 and 13.32 or
other ordinances, laws, or amendments thereto hereinafter enacted.
3. User agrees to apply for and obtain from the government-
al entity having jurisdiction all necessary permits, including a
street or highway permit for the sewer line.
4. User agrees to pay to City the applicable monthly
charges for sewer services as set forth in Resolution No. 83-279
or any subsequent amendment thereto. Such monthly sewer service
charges may be increased at any time by action of the Mayor and
Common Council to cover increased operating or maintenance cost
of, or improvements or additions to, the wastewater treatment
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fly,-;tern an(l fj('Wer system of elly.
5. User agrees to abide by City's rules and regulations and
laws relative to the maintenance and operation of City's sewer and
wastewater treatment system and of the User's sewer and plumbing
system, including, but not limited to, San Bernardino Municipal
Code Chapter 13.32, or other ordinances, laws, or amendments
hereinafter enacted regulating the discharge of wastes into the
City sewage system.
6. In case it may become necessary to repair or replace any
part of the sewer system, City is hereby authorized to close any
valve or valves in any of the mains in the City or at the point of
connection between the main or lateral of City and the lateral of
User as may be necessary for the protection of said sewer system,
or to meet the exigency of the situation. It is expressly cove-
nanted and agreed that City shall not be held liable or account-
able for any bursting, breakage, stoppage, or accident of any kind
that may occur to said sewer system, connection, or sewer lateral
18 and User hereby and and hold harmless
covenants agrees to save
19 City and its officers, employees from and all
or agents any loss,
20 a amag e that incur
or expense User may or suffer by reason of the
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execution or performance of this Agreement.
7. It is mutually covenanted and agreed that City shall not
be accountable or liable, nor shall such be held or considered as
a breach of this contract, for failure to provide sewer services
to User, growing out of any breakage, stoppage or sewage "back-up"
in sewer pipes, ac.cident or injury of any kind occurring to the
sewer and sewage treatment system, or on account of any suit,
proceeding, judgement or decree in any court of record, restrain-
3-14-88
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ing or interfering with performance under this contract on its
2 duties hereunder; shall the City be held accountable liable
nor or
3 under this Agreement for failure to supply services
any sewer
4 growing out of inability to operate its treatment
any sewer or
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system occasioned by any accident, Act of God, strike, riot or
public enemy.
8. City shall have the right to terminate this Agreement
and to disconnect the sewer lateral of User and cease sewer
services as herein provided by a ninety (90) day written notice
mailed either to User or to whomever may be the tenant in
occupancy of the User's premises, provided that in case User
shall, at any time, make any default in the performance of any of
the covenants, conditions and agreements to be kept and performed
by it on its part including payments herein provided for, and if
any such default shall continue for a period of thirty (30) days,
then and in that case, the contract may forthwith be terminated at
the option of the City upon giving ten (10) days notice in writing
of its intentions so to do, and thereupon the sewer services may
be discontinued.
9. Upon the annexation of the premises to the City of San
Bernardino, if and when such shall occur, this agreement shall
automatically terminate and, thereafter, User shall pay the rates
applicable under San Bernardino Municipal Code Chapter 13.16 or
other laws or amendments thereto hereinafter ~nacted.
10. This Agreement is personal as between the parties hereto
and shall give no right or interest whatsoever to the heirs,
assigns, devisees or successors-in-interest of User.
In the event User shall be divested of his in~erest or title
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in the real property described herein, then this Agreement shall
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terminate and anyone succeeding to or acquiring the interest or
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title of User shall have no rights or interest in this Agreement
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or ln the use of City's sewer facilities.
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The rights and interest of User in this Agreement and the use
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of City's sewer facilities may be assigned or transferred only
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upon the prior written consent of City.
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IN WITNESS WHEREOF, the parties hereto have executed this
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Agreement as of the date and year first above written.
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CITY OF SAN BERNARDINO
By:
City Engineer
USER:
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Approved as to form
19 and Legal Content:
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~A._ 7 ,~
(; City Attorney
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2 5 L~ 9 2 SAN BERNARDINO AVENUE
CITY OF SAN BERNARDINO PROPOSED SEWER CONNECTION
OUTSIDE CORPORATE LIMITS OF CITY
MUNICIPAL WATER DEPARTMENT 25492 SAN BERNARDINO AVENUE