HomeMy WebLinkAbout19- Public Works CITY OF SAN BERM "DINO - REQUEST F COUNCIL ACTIOk
File N6. 3.01 & PM 12810
Authorization to Execute Agree-
From: _ROGER G. HARDGRAVE Subject: ment with Mr. Ahsan Habib --
Reimbursement of Cost for Ex-
Public Works tension of Sewer System in
Dept: Meyer ' s Road
Date: 5-21-93
Synopsis of Previous Council action:
None
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Signa tfd re
Contact person: Roger G. Hardgrave Phone: 5025
Staff Report, Agreement,
Supporting data attached: Resolution & Map Ward: 5
FUNDING REQUIREMENTS: Amount: $37 , 054 . 47 (Sewer Line Construction Fund)
Source: (Acct No ) 245-365-57704
Acct. Description) City' s share of sewer extensions
Finance:,
i� ` ��y7_
Council Notes:
1.nllrl, Agenda Item No. ``
CITY OF SAN BERNA" LINO - REQUEST FC' COUNCIL ACTION
STAFF REPORT
Section 13 . 08 . 080 , of the San Bernardino Municipal Code ,
provides that any property owner who extends the sewer system
more than 300 feet can request reimbursement of a portion of the
cost incurred. Reimbursement is limited to all , or a portion, of
the costs incurred in extending the sewer main in excess of 300
feet.
This section further provides that the City Engineer will
review any request for reimbursement, and make a recommendation
to the City Administrator that all or a portion of the costs be
reimbursed, that the Citv enter into an Agreement for reim-
bursement of costs, and should the owner receive immediate
payment. In making this recommendation, the City Engineer is to
consider criteria such as -- Is the sewer extension a logical
expansion of the sewer system, is there a reasonable probability
of other properties connecting within 10 years, are there
sufficient funds, is not in conflict with the City' s Capital
Improvement Program, is in compliance with the General Plan, and
the applicant is not receiving any other form of government
financing.
A request has been submitted by Mr. Ahsan Habib for reim-
bursement of a portion of the cost for installation of 1006 feet
of sewer main in Meyers Road, east of Little League Drive. After
reviewing the documentation submitted in support of this request,
I have recommended to the City Administrator that Mr. Habib be
reimbursed for 706 feet of sewer main. The total cost incurred
by Mr. Habib for installing 1006 feet of sewer main is
$52 , 800 . 00 . Therefore, the amount recommended to be reimbursed,
for 706 feet of sewer main, is $37 , 054 . 47 .
Section 13 . 08 . 080 also provides that the City Administra-
tor must determine that the documentation in support of the
request has been filed within the allotted time and is
acceptable. The City Administrator has made a determination that
this is the case.
The proposed Agreement provides , in general, that the City-
will reimburse $37 , 054 . 47 to the developer.
There is a current available balance of about $369 , 709 in
Account No. 245-365-57705 , "City' s Share of Sewer Extensions, "
that can be used to finance this reimbursement.
We recommend that the Agreement be approved.
5-21-93
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MR. AHSAN HABIB RELATING TO
3 REIMBURSEMENT OF COSTS FOR EXTENSION OF SEWER MAIN IN MEYERS
ROAD, EAST OF LITTLE LEAGUE DRIVE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS :
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereb,7 authorized and directed to execute on behalf of said Citv,
8 an agreement with Mr. Ahsan Habib, relative to reimbursement of
9 costs for installation of a sewer main in Meyers Road, east of
10 Little League Drive, a copy of which agreement is attached hereto
11 marked Exhibit "A" and incorporated herein by reference as fully
12 as though set forth at length.
13 SECTION 2 . The agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18 SECTION 3 . The authorization to execute the above-
19 referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within sixty (60) days of the passage of this
21 resolution.
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5-21-93
RESO: EXECUTING AGREEMtN'1' v.,l'ttl tlnOftjN nr%D.LD
REIMBURSEMENT OF COSTS FOR EXTENSION OF SEWER MAIN.
1 I HEREBY CERTIFY that the foregoing resolution was dulv
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a _ meeting thereof, held on the
4 day of by the following vote, to--wit:
5 Council Members : AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 (OFFICE VACANT)
11 POPE-LUDLAM _
12 MILLER
13
14 Rachel Clark, City Clerk
15 The foregoing resolution is hereby approved this
16 day of 1993 .
17
18 Tom Minor, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
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2 -
1 A G R E E M E N T
2
THIS AGREEMENT entered into this day of
3
1993 , by and between the City of San Bernardino,
4
a charter city ( "City" ) , and AHSAN HABIB (Subdivider) .
5
6 WITNESSETH:
7 WHEREAS , Subdivider is developing Parcel Map No. 12810 ,
8 located on the southerly side of Meyers Road, 1 , 006 feet east of
9 Little League Drive; and
10 WHEREAS, Subdivider has extended the City' s sewer system
11 from its existing terminus at the intersection of Little League
12 Drive and Meyers Road, 1 , 006 feet easterly in Meyers Road, to
13 serve his project; and
14 WHEREAS, the extension along Meyers Road is a logical and
15 reasonable extension of the sewer line; and
16 WHEREAS, there are other undeveloped properties along
17 Meyers Road that can be served by the extension upon development;
18 and
19 WHEREAS, there are sufficient unencumbered monies in the
20 sewer line construction fund to finance the line and this
21 extension will not conflict with or delay the five-year sewer
22 line construction plan; and
23 WHEREAS, the extension is in compliance with the City' s
24 General Plan; and
25 WHEREAS, applicant is not receiving any other form of
26 government financing; included, but not limited to inducement,
27 reimbursement, or fee waiver; and
28 / / / / EXHIBIT "A"
1 WHEREAS, Ordinance No. MC-663 provides for reimbursement
2 of cost if a developer is required to extend the sewer system
3 more than 300 feet; and
4 WHEREAS , Subdivider has submitted two (2) copies of an
5 audited report of his cost in constructing the sewer main.
6 NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS:
7 1 . Subdivider has constructed a sewer main in Meyers
8 Road in accordance with plans approved by the Director of Public
9 Works/City Engineer and has dedicated same to the City for
10 operation and maintenance.
11 2 . City shall, within 60 days of execution of this
12 agreement, reimburse subdivider in the amount of Thirty-Seven
13 Thousand Fifty-Four Dollars and Forty-Seven Cents ($37 ,054 .47) ,
14 which represents the cost of the sewer main installation in
15 excess of 300 feet from subdivider' s property.
16 3 . This Agreement shall terminate 10 years after the
17 effective date.
18 4 . This Agreement shall not create between the parties
19 the relationship of employer-employee, principal-agent,
20 partnership or any other relationship except as specifically
21 outlined herein.
22 Waiver by the City of any breach of this Agreement shall
23 not be construed as a waiver of any other breach.
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28 / / / /
2 -
JL1NLt'C rf—LelD1,r-0
ROAD.
1 5 . Any notice to be given under this Agreement shall be
2 given from one party to the other, in writing, by deposit in the
3 United States Postal Services , postage prepaid and addressed as
4 follows :
5 City Subdivider
6 City Administrator Ahsan Habib
300 North "D" Street 766 E. Norbert Drive
7 San Bernardino, CA. 92418 San Bernardino, CA 92404
8
Nothing in this paragraph shall be construed as
9 preventing the giving of such notice by personal service.
10 IN WITNESS WHEREOF, the parties hereto have executed this
11
Agreement on the day and date first above shown.
12
13 CITY OF SAN BERNARDINO
ATTEST:
14 By
15 Mayor
City Clerk
16
SUBDIVIDER
17
18 By
19 Title
20 Approved as to form
and legal content:
21 James F. Penman
22 City Attorney
23 By
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