HomeMy WebLinkAboutReso 1969-5115Form No. 355
RESOLUTION NO. 5115
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING THE AMOUNT OF MONEY WHICH SHOULD BE ASSESSED
AGAINST CERTAIN PARCELS OF PROPERTY PRIOR TO MAKING SEWER
CONNECTION BECAUSE OF BENEFIT RECETVED BY SAID PARCELS BY
THE CONSTRUCTION OF A SEWER MAIN IN HILLTOP DRIVE, SOUTH
OF EAST RIENSTRA STREET IN THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, O & R CENTERS
constructed or caused to be constructed a sewer main and appurtenances
in Hilltop Drive, South of East Rienstra Street
in the City of Chula Vista, and
WHEREAS, the City Engineer, on February 3 19 69 did
accept said construction as having met the specifications and require-
ments of the City of Chula Vista, and
WHEREAS, the City Engineer has filed his recommendations to
the City Council, in writing with the City Clerk, setting forth therein
the parcels which he has determined have benefited from the construction
of said sewer main and appurtenances
and has set forth his recommendations as to the proportion of benefit
received, which sum of money should be paid to the City of Chula Vista
prior to any sewer connection being made to any sewer facility of the
City, to serve said parcel, and
WHEREAS, the City Engineer in his recommendations has ascertained
that said Builder has incurred the cost of $ 4,132.25 for the
construction of said sewer main and appurtenances
and
WHEREAS, the City Engineer as part of his recommendations has
determined that the benefit received by said Builder because of the
construction of said sewer main and appurtenances
is $ 2,847.92 and that the amount of money which said Builder
should be entitled to receive by way of reimbursement for said con-
struction, in accordance with Ordinance No. 405, as amended is
$ 1,284.33
less the incidental expenses incurred by the
City in the amount of S 64.22
(including engineering and
clerical expenses in order to obtain said reimbursement) or a total
amount to be reimbursed to Builder of $ 1,220.11 _
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Form No. 355
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista as follows:
1. That the construction of said sewer main and appurtenances
has benefited those parcels as shown on the
plat attached hereto and made a part hereof.
2. That the recommendations of the City Engineer, as filed
with the City Clerk, are hereby approved and adopted, and the sum of
$1,284.33
is hereby assessed against
said parcels as a result of said benefit received, which sum of money
shall be paid to the City of Chula Vista prior to any connection being
made to any sewer facility of the City to serve said parcel, all in
accordance with the provisions of Ordinance No. 405.
3. That that certain reimbursement agreement between the
CITY OF CHULA VISTA and O & R CENTERS
dated the 1st day of April 1969 the expiration
date of which is hereby established as February 3, 1989
from the date of the adoption of this resolution, a copy of which is
attached hereto and incorporated herein, the same as though fully set
forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of said City.
Present d by
ane o e, Director o Pu is Works
Approved as to form by
eorge in erg, City Attorn
_2_ ~ ~,~~
A.DO'Tr.I' A?"D APPROVw~L by the CITY COLT~'CIL of the CITv (`F C?'.LTLA ~'i~'IA
CAL?FO??i-IA, this 1st da.y of April , 1a 69 ~ ~-..,, the rollc.t:ain~ vote,
to-gait:
A'-'T'": Councilmer: ~lvester, Hamilton, McCorquodale, McAllister, Scott
''AY1-:S: Cour.cil*:en None
~ar.c'''T: Counci lnen None
~ I ~
Mayor of the City o" C'_:ul~~ ~a,-,ta
~~~
___ Ci tv Cler~~
TATT O'? GALL FORD; IA )
CO~;_;i'' ~F SA:' DIrGO ) ss.
CITE' OF CHULA VISTA )
i, .-:~T?I'ET' ~, CA',~`.PLF.LL, City Clerk of t'~e Ci tv of Chula `Ji~ta, Calilr.,r.ia,.
T_`O LFFL'~Y CfiUTT_FY that the above and foregoing is a full, true and correcr co~-~ ~~f
and that the same has r_ot be~~-~ a-~,~:-~d~d
or r~realed,
AT~l't
City Cler. ~~
CC-552 ~~ ~ I /
1' VLLII LVV • "S1L
REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of
April , 19 69 by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City'°, and
O & R CENTERS, a company
hereinafter called "Builder,"
W I T N E S S E T H
A WHEREAS, Builder has constructed or caused to be constructed
a sewer main and appurtenances,
in Hilltop Drive, South of East Rienstra Street in the City of Chula
Vista, and
WHEREAS, on April 1 1g 69 the City Council of
the City of Chula Vista adopted Resolution No. 5115 which resolution
determined that the construction of said sewer main and appurtenances
in Hilltop Drive has benefited certain parcels of land as
shown on the plat attached to said resolution, and
WHEREAS, said resolution set forth therein a determination
by the City Engineer of the amount of money which Builder should be
reimbursed for the construction of said sewer main and appurtenances
in Hilltop Drive in accordance with the provisions of
Ordinance No. 405, as amended, to the extent that said sewer main
and appurtenances has benefited said parcels of land, and
less the incidental expenses incurred in connection with obtaining
said reimbursement, and
WHEREAS, Builder has read and understands the provisions
of Ordinance No. 405 and Resolution No. 5115 and agrees to all of
the provisions of said ordinance and the statements, determinations
and conclusions in said resolution, and
WHEREAS, Builder represents that said sewer main and
appurtenances in Hilltop Drive have been installed and vested
in the City, free and clear of any demand from any person or firm
whatsoever, and
WHEREAS, it is agreed by Builder that reimbursement for the
construction of said sewer main
shall be limited to refunds collected pursuant to the provisions of
Ordinance No. 405;
NOW, THEREFORE, IT IS AGREED by and between City and Builder
as follows:
1. Builder, its lessees, successors, and assigns agree to
hold City, its agents, officers and officials free and harmless from
any and all claims or demands arising from or out of or through the
installatic.n of said sewer main and appurtenances
2. Tn the event the amount collected by City from persons
connecting to said sewer main
does not compensate City for the cost of collection, City may deduct
from the amount due Builder a reasonable sum of money to cover the
cost of collection by City. City shall in no case be liable to Builder
for failure, neglect or inability for any reason to collect any charges
herein mentioned, or to reimburse Builder as herein provided, or for
errors in proportionate disbursement thereof.
3. City agrees to reimburse Builder for the construction
of said sewer main
in an amount not to exceed the sum of $1,220.11
in accordance with the provisions of Ordinance No. 405, Resolution
No. 5115 and this agreement.
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l Vtltl LVV Y1G
Page 2
IN WITNESS WHEREOF, this agreement is executed by the CITY
OF CHULA VISTA acting by and through its Mayor pursuant to Resolution
Noo 5115 and by 0 & R CENTERS,
the day and year first hereinabove written.
T Y OF CHULA VISTA
~~~//~/
~ ayor
BUILDER: 0 & R CENTERS
~.
ey J +' e y, Pr silent
Approv d as to by
George D. indberg, City Attorne
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