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HomeMy WebLinkAboutReso 1966-4245Form No. 355 RESOLUTION NO. 4245 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 RECEIVED BY SAID PARCELS BY THE CONSTRUCTION OF A SANITAF.Y SEWER IN HILLTOP DRIVE FROM 400' TO 800' NORTH OF ORANGE AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, FRANK L. WHITTINGTON constructed or caused to be constructed a sanitary sewer in Hilltop Drive from 400' to 800' north of Orange Avenue, (Drawing No. 66-55L) in the City of Chula Vista, and WHEREAS, the City Engineer, on November 3 19 66 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 sanitary sewer 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 $ 4,05.8.38 for the construction of said sanitary sewer 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 sanitary sewer is $ 2,078.41 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 $ 1,979.97 less the incidental expenses incurred by the City in the amount of $ 99.00 (including engineering and clerical expenses in order to obtain said reimbursement) or a total amount to be reimbursed to Builder of $ 1,880.97 plus interest from -1- Form No. 355 Page 2 the date of adoption of this resolution, at the rate of 4%. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That the construction of said sanitary sewer 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 $4.4635 per front foot plus 4o interest 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 FRANK L. WHITTINGTON dated the 22nd day of November 1966 the expiration date of which is hereby established as ten years 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 by Lane Cole, City Engineer Approved as to form by George D, indberg, City Atto y -2- AI)©P~ED ~~ND APPROVF;D by the CITY COUNCIL of the CITY OF CHULA VISTA, CAL3FGRIVIA, this _ 22nd _ daJ of November 19 66 r_- - ._._~~, _ by the. r:~llowing vote, to-wits AYES Councilmen _4McCorquodale, Sparling, Sylvester, Anderson, McAllister NAYES~ Councilmen None ABSENTa Councilmen None ~ n ATTEST _ d.u r '. -' City Cleric STATE OF CALIFORNLS j COUNTY OF SAN DIti~GG ~s. CITY OF C'riULA V I.STA i ~` ~ ~r ~" ayor of the Ci y of hula Vista I, KENNETH. R._ CA.'~fEi3EL~, City Cleric of tl-,e City of Chula Vista, California, DO HEREBY CERTIFY that the abo~~e ar.d foregoing is a full, true and. correct copy of or repealed. DATED; , and that the same has not been amended City Cerk ~. CC-652 R ya45 Form No. 4I2 REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of November ~ 1g 66 ~ by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City'°, and FRANK L. WHITTINGTON, Developer, hereinafter called "Builder,' W I T N E S S E T H WHEREAS, Builder has constructed or caused to be constructed a sanitary sewer from 400'' to 800' north of Orange Avenue in Hilltop Drive in the City of Chula Vista, and WHEREAS, on November 22 19 66, the City Council of the City of Chula Vista adopted Resolution No. 4245 which resolution determined that the construction of said sanitary 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 City Engineer of the amount of money which Builder should be reimbursed for the construction of said sanitary sewer in accordance with the provisions of Ordinance No. 405, as amended, to the extent that said sanitary 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 Ordinance No. 405 and Resolution No. 4245 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 sanitary sewer 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 sanitary sewer 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 2. In the event the amount collected by City from persons connecting to said sanitary 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 sanitary sewer in an amount not to exceed the sum of~~gg0.97 plus interest in accordance with the provisions of Ordinance No. 405, Resolution No. 4245 , and this agreement. -1- ~~~~u~ Form No . 41Z Page 2 IN WITNESS WHEREOF, this agreement is executed by the CITY OF CHULA VISTA acting by and through its Mayor pursuant to Resolution No 0 4245 and by Frank L. Whittington the day and year first hereinabove written. THE CITY OF CHULA VISTA /~ R. .. .._ May r BUILDER Frank L. Whittington Approved as to form by 6 ~~~~ George D. indberg, ity Attor -2- L ~~~< I, Lane F. Cole, City Engineer of the City of Chula Vista, pursuant to the pro- visions of Ordinance 405 as amended directing me, as City Engineer, to make and present to the City Council of the City of C:.ula Vista a diagram of the property affected and benefited by the construction of sewer in Hilltop Drive in a portion of the incorporated City of Chula Vista, within the li.-uits more. particularly described on the below diagram, herewith p=went this document to the City Counci: and I do hereby certify that this document constitutes a Prue and correct diagram ', ~f the property affected by said work and improvement, which is to be charged to pay the expenses of said work and improvement at the time of connection, and that said diagram shows each separate lot or parcel of land, ttie dimensions thereof and the relative locations of the same to the work done. Dated, Chula Vista, California l~ed~.ya~e 2Z 1966 ~ ~~fy~~ City Engineer of t e City of Chula Vista Adopted by Resolution No. 4245 Dated NOVEMBER 22 . 1966 L 436.28 L.F. 8" V.C. sewer pipe & 1 manhole ................... $4,0.58.38 2. Cost of construction per front foot of frontage $4,058.38 _ 863.77' _. $4.69845 3. Value of benefit received by builder 442.35 x $4.69c45 = 4. Value of benefit received by properties which have not contributed to original construction cost 421.41' x 4.69845 = 5. Incidental expenses incurred by the City in order to obtain reimbursement for the builder $1,979.97 x 5q~o = 6. Amount builder is to receive by way of reimbursement $1,979.97 - 99.00 = 7. Front foot connection charge $4.4635 $2,078.41 $1,979.97 $ 99.00 $1,88x.97 8. To the above applicable charges shall be added .simple interest in the amount of 4°~ for each full year, to a maximum of 10 years, which has elapsed since the date of acceptance until the time of payment. 9. Date of acceptance of said sewer by City of Chula Vista /l/DY 3 1966 E PS~M~N~ &E G 5 D' if LO MA VERDE SCHOOL or • W~ O 31 ~ ~J F= ~ U ~ U ?~ ORANGE AVE -INDICATES AREA TO BE 0_ yi . CHARGED BY FRONT FOOTAGE. O x, o ~ W - INDICATES PROPERTY WHICH HAS i ;:4 J i ~ ~"''* PARTICIPATED IN THE COST AND IS J ~• `n PRESENTLY RECEIVING BENEFIT = T ~ FROM THE CONSTRUCTION OF THE ~ SFWFR i 1 J I I~ ~{ r