HomeMy WebLinkAboutReso 1968-4855RESOLUTION NO. 455
PESOLUTION OF THE CITY COUNCIL OF TFiE CITY OF CIIULA VISTA
DETERMINING THE AMOUNT OF MONEY r,~7FIICH SHOULD LE ASSESSED
AGAINST CERTAII~T PARCELS OF PROPERTY PRIOR TO MAKING SEGti'ER
CONK?ECTION I;ECAL'SE OF BENEFIT RECEIVED l;Y SAID PARCELS EY
THE CONSTRUCTION OF AN OFF-SITE SEWER TO SERVE DALSET~i
HILLS SUBDIVISION
The City Council of_ the City of Chula Vista coes hereby
resolve as follows: `
WHEREAS, Cambridge Development Co., Inc., constructed or
caused to be constructed an off-site sewer in a portion of Quarter
Section 95 of_ Rancho de la Nacion in the City of_ Chula Vista, to serve
Dalseth Hills Subdivisicn, and
WHEREAS, the Director of Public Gdorks, on the 15th day of.
January, 1965, accepted said construction as having met the specifi-
cations and requirements of_. the City of Chula Vista, and
W~IEREAS, the Director of Public Works has filed his recom-
mendations to the City Council, in writing with the City Clerk, setting
forth therein the parcels which he has determined Izave benefited from
the construction of. said of.f_-site sewer, and has set forth his recom-
mendations 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 to serve said parcel being made to any sewer facility of
the City, and
WHEREAS, the Director of Public Works, in his recommendations,
has ascertained that Cambridge Development Co., Inc. has incurred the
cost of $4,751.00 .f.or the construction of said off-site sewer, and
tn1HEREAS, the Director of_ Public Gro'orks, as part of his recom-
mendaticns, has determined that the amount of. money which Cambridge
Development Co., Inc. should be entitled to receive by way of_ reim-
bursement for said. construction, in accordance with the provisions
of Section 26.71 of_ the Chula Vista City Code, is the sum of_ $4,751.00
plus interest, less the incidental expenses incurred by th.e City in
the amount of $237.55 (including engineering and clerical expenses
in order said reimbursement) or a total amount to be reimbursed to
Cambridge Development Co., Inc. of $4,418.45 plus interest.
NOW, THEREFORE, BE IT F.ESOLVED by the City Council of the
City of Chula Vista as follows:
1. That the construction of said off-site sewer has benefited
those parcels as shown on the plat attached hereto.
2. That the City Council finds that said sewer is of. major
importance to the City as a whole, as set forth in Section 26.71(e)
of the Chula Vista City Code.
3. That the recommendations o.f. the Director of Public Works,
as filed with the City Clerk, are hereby approved and adopted, and the
sum of $4.25 per front foot plus 4% interest per annum on the reim-
bursable unit cost, in accordance with the provisions of Section 26.71(e),
is hereby assessed against said parcels as a result of saic 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 wit: the provisions of_ Section
26.71 of_ the Chula Vista City Code.
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4. That that certain reimbursement agreement between the
City of_ Chula Vista and. the Cambridge Development Co., Inc., dated
the 6th day of Au ust 19 68 the expiration date cf
which is hereby established gas twelve years from the date o.f the
adoption of this resolution, a copy of which agreement is attached
hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized ar~.d directed to execute said
agreement far and on behal.f_ of said City.
Presented by
Lane
Works
Approved
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 6th day of_ Au ust
following vote, to-wit: ~__ 19 68 by the
AYES : Councilmen McAllister, Scott Sylveste_ r`Hamilton, McCorguodale
NAYES: Councilmen None
ABSENT: Councilmen None
.~~
G' ~ `~
Yor of t o ity o C a Vista
ATTEST `"'~ C
~ -City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I° City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above is a full, true and
correct copy of Resolution No.
amended or repealed. DATED and that the same has not been
City Clerk
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REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered intc this 6th day of
August , 1968 by and between the CITY OF CF?ULA VISTA, a
municipal corporation, hereinafter called "City", and CAAYBRIDGE DEVELOP-
MENT CO., INC., a California Corporation, hereinafter called "Builder",
W I T N E S S E T H
WHEREAS, Builder has constructed or caused to be constructed
an off-site sewer to serve Dalseth Hills Subdivision in Quarter Section
95 of Rancho de la Nacion in the City of Chula Vista, and
WHEREAS, on August 6 1968 , the City Council of
the City of Chula Vista adopted Resolution No. 4855 u7hich resolution
determined that the construction of said off-site sewer 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 Director of Public Works of the amount of money which Builder should
be reimbursed for the construction. of said off-site sewer, in accordance
with the provisions of Section 26.71 of the Chula Vista City Code, to
the extent that said of f_-site sewer 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
Section 26.71 and Resolution No. 4855 , and agrees to all of said
provisions and statements, determinations and conclusions set forth
therein, and
WHEREAS, Builder represents that said off-site has been in-
stalled and vested in the City, free and clear of any demand from any
person or firm whatsoever, and that said sewer is of major importance
to the City as a whole, and
WHEREAS, Builder agrees that reimbursement for the construction
of said off-site sewer shall be limited to refunds collected pursuant to
Resolution No. 4855 in accordance with the provisions of Section 26.71
of the Chula Vista City Code.
TdOW, THEREFOF.E, IT IS AGREED b_y 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 ar_d all claims or demands arising from or out of or through the
installation of said off-site sewer.
2. Ir. the event the amount collected by City from persons
connecting to said of.f-site sewer 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 off-site sewer in an amount not to exceed the sum of $4,418.45 plus
4% per annum interest, in accordance with the provisions of Section 26,71,
Resolution No. 4855 and this agreement.
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IN WITNESS t~7HERE0F, this agreement is executed by the City
of Chula Vista, acting by and through its Mayor pursuant to Resolution
No. 4855 and by Cambridge Development Co., Inc., the day and year
first hereinabove written.
THE Y OE CHULA VISTA CAMBRIDGE DEVELOPMENT CO., INC.,
\\`\
!64 _ _ .v
ayor of the City Chula Vista U
Approved as to form by
~ ~ ;1 ,~`
~~^ tJy --,--
~~~ ~ ~h
-U"eorge D, ndberg, Crty Attorne
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r'
~.~cA~r I idc
OFFS I TE S~ c' >.~R~! I N "AL ;~T'~
ii1LL" "'l"tl'.151CN
Lane ~. 'ole, Ci*_~ engineer of t`~e "it• of Chula 'Vista, pursuant to the provisions of Ordinance
~5 as amended, direc~in^ me as ''it~ engineer to make and present io 'F~e f_ity Council of _oe City
Chula Vis-a a diaeram of ;iie propert affected and '_enefited b- the cons`ruc'_ion of sewer in the
foot wide easement in ~ por~ion of _ ar_er ectior qr. of -anc`~o de la I:acion it ~ por_ion of r_:~e
~corporated Cit of Chula `'ista, wi•~in pie limits more par:ic~_~larly descri_`ed on he diaeram
.low, herewith present i`~is doeumen~ to _he Ci` Co_!nci1, end I do hereo cer`if• ~;gat ~~is
acumen; cons'.:i_utes a-true end correct diagram of `he properties affected b~ said work and improve
nt, which is o ce charged to pa•, the expenses of said work and improvemert at the time of con-
ction, and ghat said diagram shows each separate lot or parcel of land, the dimensions t!iereof an
~e relative locations of the same to the work done.
ted, Chu b ista, Cali ornia ~uJ /~ 19
Ci ^ -Wei Weer of t.;e ofhula ~! i s .a
SIC ^.ATA;
Construction Cost
912.75 tin. f ~" ';Cr sewer at >4.00 per tin, f:. ;3,51.00
2 ea. sewer manholes at $300 each 500.00
40 lin, ft. of 24" CMP at ~10.00 per lin. ft. 400.00
20 lin, ft, of concrete encasement at 55.00 per lin, f~. 100.00
Total Construction Cost - $4,-51.00
Tota 1 Frontage = 1"25.50 1 i n. f t.
Cos= per front foot
4-'S 1, 00 = 52.603 per f ron'_ f t
1825.50 ft.
Incidental expenses incurred by the City in order to oh*_ain
reimbursement for the !wilder `:4751,00 ': .05 = $ 23.55
Amount bUllder is to receive b~. wa~~ of reimbursement - 54,41''.45 plus interest ($2.54`1 per
front foot = reimburseable uni~ cost).
Front foot ci7arge shall ce ';4.25 per front foot per Code Section 2~.;'1(a) plus 4! per annum
in~_e rest on the reimi=urseacle unit cost.
~MPUTATI CN OF ~HA:~":
Total charge shall ;e computed as follows:
A, hiultipl, :`4,25 per foo~ Mmes the total frontage o` `'~~e subect propert, upon the sewer,
This resul_ant figure is the ease charge.
_. Multipl; ::2.54 .imes l~!, `imes ~ e num`_er of full quarters w:,icr: nave elapsed since `he
date of acceptance, 'imes `he total frontage of t:~e su',ject propert•; upon the sewer. The
q resul~ant figure is the interest charge.
C. Add the base c;iarge and the interest charge ro degermine t`~e _otal charge.
"uate of acceptance: /¢nuar~ /_5~, /965
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