HomeMy WebLinkAboutReso 1966-4047Form No. 355
RESOLUTION N0. 4047
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 EXTENSION IN OTAY LAKES ROAD
THE SWEETWATER UNION HIGH SCHOOL DISTRICT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, The Sweetwater Union High School District
constructed or caused to be constructed a sewer extension in Otay
Lakes Road
in the City of Chula Vista, and
WHEREAS, the City Engineer, on
March 11 1966 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 extension
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
WI3EREAS, the City Engineer in his recommendations has ascertained
that said Builder has incurred the cost of $ 92,000..00 for the
construction of said sewer extension
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 extension
is $ 13,041.03 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
$ 78,958.97 less the incidental expenses incurred by the
City in the amount of $ 789.59 (including engineering and
clerical expenses in order to obtain said reimbursement) or a total
amount to be reimbursed to Builder of $ 78,169..38 plus interest.
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Form No. 3
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 extension
in Otay Lakes Road 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 sums
as shown on Exhibit A, attached hereto, .are ~~ 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 Sweetwater Union High School District
dated the 17th day of
March
19 66 the expiration
date of which is hereby established as twenty 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 TT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized arnd directed to execute said
agreement for and on behalf of said City.
Presented by
~j ,r
a ~~'`~"~;~~'
Lane Cole, City Engineer
Approved as to form by
George D, indberg, ity Atto y
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o4oy,~
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this 19tltiay of April ,
19 66_._, by the following vote, to-wit:
AYES: COUNCILMEN McCorquodale, Sparling, Sylvester, Anderson, McAllister
NAYES: COUNCILMEN None
ABSENT: COUNCILMEN None
....-
A ~.
~~~~ -~
Mayor of the City of Chula Vista
ATTEST ;.. t ,: _~~ ~ < = ~~/
City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and foregoing
is a full, true and correct copy of __ ,
and that the same has not been amended or repealed.
DATED:
City Clerk
CC 652 O~O i~
EX HIBIT ~A~
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:,. Coi~n~,~~f.ion ch<~riacs clue=~n~i .>t~~~c:i_Lic~c1 n~:tiods:
Connection cli~rc~es slta7..l. }.;E' p~~id iri accord with the
i:ol:l.owinc~ t~:3.>1c. '1':i~iic~ pc:riod~; are iri rc~fercncc~ to
i:l~e date of ac,ce~~i:~incc of the sewer ~y ttYe City.
~'rnm
Period
To k~er front foot charge
to be applied to
gross area E>er acres charge
to be applied to
dross area
,',cceptancc - end of 1st year $4.00 per foot $ £3"1.2.9 pr:.r acne
~;1.~~ rt 2nd ~trr. - end ?.,nd yod:r 4.24 92.1.3 " "
Start
3r~.~+
yr.
- end
4th
year
4:.4(~ " 9 °I . 7 t~
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Start `_ t-1z l~r. - end 6th year n . ~_i0 1(~~1.75 "
;;t_a.r_t 7t1i yr. -- end ~itli year 5.12 " " 111.73 "
;.;tart 9th yr. - thereafter 5.2.x, 115.22 "
9. D~ite of acceptance of_- Ju': j~ c•t sewer. by the City of Chula Vista ;
/i'Igl'C/~ //, /9 66
L0. Lift' of repayment agreement:
The a~,~r_eement specified a life of twenty years. Such time period shall
commence upon the date of acceptance as specified in Itcrn ~9 above.
L1. General Provisions:
The connection charges contained herein are based upon gross area and,/ar
gross frontage of the parcel being served. The area and/or frontage to be
i.ncl~~.ded is that of the parcel prior to reservation or dedication of
publ.i_r- rights-of-way. Payment for a part of the total frontage or area
of a parcel shall .not be accepted. Only parcels of record shall be
recoclnized in determining appropriate connection charcJes.
1'~.onage charges shall be against any p~~rcel having frontage of any
form or amount whether the proposed connection is to be made directly
to thL subject main, or whether the parcel is to be connected indirectly
to such main.
The City shall retain any monies collected to the maximum extent of
its participation ($1E~,000.00). Such retention shall be completed
prior to any reimbursement being made to the Sweetwater Union High
;~cllool District.
f~-DYE ~7
Fare ? of 3
.:.1C(~i~lill.i1D~`,`:iT;`IJ.`~z OI' `I]IL; CI'1'Y I:J_;G:L:II:;i;1'.
icl~:~;~~1;DIi r;
OT~~Y T.~i+I4.T:S :0z'1T1
):'~OpOSFD `.~ ~~'~Jl°1 OF I~I:;i~ ~Y f ;~..i]'1'
T, I,anc r'. ~'c~l~ ~i~,~ i.::a7~.~.neer of thc• Ci_t~r of Chtil.-. Vi:_L~~, }?urs~.l;z~ii_ t:a t}1e
p~ c.,visionc, of O~°dinance 40_, as arucndec], and itc~solution ~;]o. 33l.~ direct:inch
.iic, as Ci.t=' r!;nc_,inef-~i:, to make and present to the Cii..y Couiic:il, of the City of
Chula Vi "i.t~, a cl~.ilcJr~:R~n of all t}:e properties affected ~iri~a ;.acnefii_ed 1~~ thL
con<<~l:rr:~~t..i.nn of sewer iii ~jtnJ, Lakes Road in a portion of t;lic~ uiiincor_porated
aria of th.e CoLtit:y of sari Diem and also in a portion of the i_ricorpor~:~tc~d
City of Ch.~.~l-~ Vista, wit}rin thr--_ liinii.s ~ more parti~>>l,.~rly delirneated and shown
nn shc~el- 3, and that said di_ayram shows the total cJro::s frontage and gross
area benefited ley the construction of said sewer, insofar as t11~ limits of
such property can lie ascertained at this titre. Y hc_~rewitl~i present to the
City Council rcry re coiculcendatian regardi.nr- alnounLa t.o tie ciiarcled at ~tl~ze time
of conner_tion to said sewer,
llated, Cl~t.lla Vista, California ~,*~~_~ 19~~v _
C;i 1_1 7;;11Cj 1T1Cer U~ lac? •
C:i cSj of Chula Vista'
~~dopted by tZESOIu•tion i~,ro. 4047 • , ;)~zt:ed AP21L /9 ~•!, 19(~~.~
1, Cite participation of cost of c: ;,:~trur.i:ior~ .............. y lf',UUU.OU
Sweetwater Union Hi.c;lr SC}lOUl liis;t:yic~t p~ir-i-icip..i~~ioi~..,.. 92,ODU.UU
Total cost of construction .............................. $110,ODU.00
2. Total gross frontage benefited ~~- said sewc~a_~ _=
1~3, ~4~'F3 feet to ~e charged at $4. c~0 per front foot of .... $ 73, 772. U(
3. Total gross acres benefited 1-a~, ..aid sewe~.r
41~~ arses to be charged
'1S~10~U00.U0 - $73, 772.OG = .. $ (37,29/a~c
....... ..........
415
4. Value of 1Jenefits received by weetwate.r Union liic,i,
Scl~iool listrict for the Bonita Vista Junior at:ci
Bonita Vi:,ta 1J:ic;1:z Schools ;
Gross frantace benefited - 1,77Ci ft. ~~ $4.UC'..........
Grass area benefited - 6~~.2c!/ac x $fi7.2'~' ..............
Total uene'fits received ...............................
5. Vall;~e of bP.nefit received l.~} propez:tries wi,ic}~ ha1~e n~:~t
contril~uted to original constr.ucti,an co:.~t_;
$110,000.00 - $13,047_.(13 = ...................
16.
I 7.
Incidental expenses incurred b~, ~;it=, in orde;_ t.o o~,t:3in
reimbursement for the 5weetwat:<: ;,_ Uiiian Fii~ic Sc~,~ol
District; ,
$ 7,080.00
5,91.03
$+1~,041:d3
$ 96,958.97
yS'7c;, 95}>, 97 x 1.0 _ .......................... $ 7(S9. 59
Maximum amount Sweetwater Union fli~;l: :5cliool 1.1istrict
is to receive by way of reictibursemcnt: ;
$7f3, 958.97 _ $789. 59 = ....................... $ 7~;, 169.3(1 plus
interest as speci-
fied on pa<,:le 2
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TO BE CHARGED AND RVED BY THE
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r OTAY LAKES ROAD TR NK SEWER. ANY
Q REAS BEYOND THAT DELINEATED HEREON,
O~ SERVED BY THE SUBJECT SEWER, WHETHER
7HROUG GRAVITY FLOW, BY PUMPING, OR BY
VIRTUE OF H `JY GR'ADING, SHALL BE
CHARGED ACCOR~+J~YG TO THE CONNECTION
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CHARGE STIPULATED~klEREIN ~
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Form No. 412
REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of
ilpril , 1966 by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City'°, and the SWEETWATER
UNION HIGH SCHOOL DISTRICT
hereinafter called "Builder,"
W I T N E S S E T H
WHEREAS, Builder has constructed or caused to be constructed
a sewer extension
in Otay Lakes Road
Vista, and
in the City of Chula
WHEREAS, on :`~,pril 19 , 1966 , the City Council of
the City of Chula Vista adopted Resolution No. 4047 which resolution
determined that the construction of said sewer extension
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 extension
in accordance with the provisions of
Ordinance No. 405, as amended, to the extent that said
sewer extension 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. 4047 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 extension 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 extension
shall be limited to refunds collected pursuant to the provisions of
Ordinance No. 405;
NOW, THEREFORE, IT 1S 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
2. In the event the amount collected by City from persons
connecting to said sewer extension
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 extension
in an amount not to exceed the sum of $~g,169.38 plus interest
in accordance with the provisions of Ordinance No. 405, Resolution
Not 40~~7 and this agreement.
/` - .r,
o~o~~'
.~
Form No. 41~
Page 2
IN WITNESS WHEREOF, this agreement is executed by the C:fTY
OF CHULA VISTA acting by and through its Mayor pursuant to Resolution
No~ 4047 and by the SWEETWATER UNION HIGH SCHOOL DISTRICT
the day and year first hereinabove written.
THE CITY OF CHULA VISTA
~~-----~f^ ~
l~obert it. P•ic.?~1 istex Mayor
BUILDER, SWEETWATER UNION PIIGH SCHOOL
DISTRICT
-~-
Secretar to the Board of Truste
Approved as to forte by
A?P{;O~rO F',S TO FORM:
E?~: •; S
i ~ ~.".; Fic_Et JR.
~/ County C;;unsel
George D. indberg, City Atto y °'
BY . t!._`.~'.°`.ti. ~_._
Deputv ~ L~;'~
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