HomeMy WebLinkAboutReso 1967-4362Form No. 355
RESOLUTION N0. 4362
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 SEWER LINE AND APPURTENANCES IN
PALOMAR STREET AND SECOND AVENUE BY GREATER WESTERN HOMES
AND RESCINDING RESOLUTION N0. 3777 ADOPTED JULY 6, 1965
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, GREATER WESTERN HOMES
constructed or caused to be constructed a sewer line and appurtenances
in Palomar Street and Second Avenue
in the City of Chula Vista, and
WHEREAS, the City Engineer, on February 17 1965 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 line 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 $ 15,874.40. for the
construction of said sewer line 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 line and appurtenances
is $ 8,467.56 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 Pdo. 405, as amended is
$ 7,406.84 less the incidental expenses incurred by the
City in the amount of $ 370.34
including engineering and
clerical expenses in order to obtain said reimbursement) or a total
amount to be reimbursed to Builder of $ 7,036.50
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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 line 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
$5.9631 per front foot
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
dated the 21st day of
GREATER WESTERN HOMES
March
1967 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.
BE IT FURTHER RESOLVED that Resolution No. 3777 adopted on
the 6th day of July, 1965, be, and the same is hereby rescinded.
Present d by
Lane Cole, City Engineer
Approved as to form by
George D.~' indberg, City At r ey
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~-~a~~
~.ii0:'~E;O 'i:~~D Ai?aROrJF;D by th:~ CITY COUNCIL of the ~.yw"Y CAF s;;H(T~^, VIS.i~-,
CAI-yECR1~;IA, this _ 21st day of March
to-wits
i9 67 5 by the fallowing vote,
AYFS,; Ceunciimen. _Anderson, McAllister, McCorquodale, Sparling, Sylvester
NAPES a Cou;-rci liner. None
ABSENTS Coiincz rmen None
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~/'i' //j' c t 1~
Mayo3- of the City of Chu'_a Vista
ATTEST t- __~_t_-{{ ~~c¢.~ ~ ~ j.
City Cleric ~f
STATE OF CAL 1r ORN pA
COfiNT'? JF SAN iJIEGO 1 ~s ,
CITY OF CHU:~ '~~~T~STti r
I, iZEN2~Tt~ ?._ CA.'~1:FBELL, City Cleric cf *_~,e City of Chula Vi_sta.. California,
DO HEREBY LLRTiFY that the above ar.d foregoi-ng iG a fui'_, true .nd c;,~--re.ct copy of
or repealed.
SATED
and that the same i:~s ncr_ been amended
Cite Cleric
C~-652
~~~
Form No. 412
REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of
March 19 67 , by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City'°, and
GREATER WESTERN HOMES DEVELOPMENT CORPORATION
hereinafter called "Builder,"
W I T N E S S E T H
WHEREAS, Builder has constructed or caused to be constructed
a sewer line and appurtenances
in Palomar Street and Second Avenue in the City of Chula
- Vista, and
WHEREAS, on March 21 1967 the City Council of
the City of Chula Vista adopted Resolution Noo 4362 which resolution
determined that the construction of said sewer line and appurtenances
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 line and appurtenances
in accordance with the provisions of
Ordinance No. 405, as amended, to the extent that said sewer line
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. 4362 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 line and
appurtenances 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 line and appurtenances
shall be limited to refunds collected pursuant to the provisions of
Ordinance No. 405;
NOW, THEREFGRE, TT 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
installation of said sewer line and appurtenances
2. In the event the amount collected by City from persons
connecting to said sewer line and appurtenances
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 men±ioned, or to reimburse Builder as herein provided, or for
errors in proportionate disbursement thereof.
3A City agrees to reimburse Builder for the construction
of said sewer line and appurtenances
in an amount not to exceed the sum of_ S7,036.50
in accordance with the provisions of Ordinance No. 405, Resolution
No. 4362 and this agreement.
-1-
Form No. 412
Page 2
IN WITNESS WHEREOF, this agreement is executed by the CTTY
OF CHULA VISTA acting by and through its Mayor pursuant to Resolution
Nom 4362 and by
the day and year first hereinabove written.
Approved as to form by
George D. indberg, City Att ey
THE CITY OF CHULA VISTA
( I" .
~~~~~~~,~ r~
Mayor
BUIL ~, T W TERN HO S
GREATER WESTERN HOME NfANUFP.CTURERS
CHAPTER XI #217067
TRAY L JAY DEVELOPMENT CO
CHAPTER XI #217068
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