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HomeMy WebLinkAboutReso 1966-4068Form No. 355 RESOLUTION NO. 4068 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 AN OFF-SITE SEWER INSTALLATION IN BONITA ROAD AND BONITA MESA ROAD , APPROVING REPAYMENT AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the TRI-COUNTY CONSTRUCTION COMPANY, INC. constructed or caused to be constructed an off-site sewer installation in Bonita Road and Bonita Mesa Road in the City of Chula Vista, and WHEREAS, the City Engineer, on July 12 19 65 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 off-site sewer installation 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 $ 26,860.92 for the construction of said off-site sewer installation 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 is $ -0- 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 $ 26,860.92 less the incidental expenses incurred by the City in the amount of $ 1,343.05 including engineering and clerical expenses in order to obtain said reimbursement) or a total amount to be reimbursed to Builder of $ 25,517.87 -1- Page 2 IN WITNESS WHEREOF, this agreement is executed by the CITY OF CHULA VISTA acting by and through its Mayor pursuant to Resol.~at~..on No ~ 4068 and by the day and year first hereinabove written. THE CITY OF CHULA VISTA ~ _ __ r- , r ~~ Mayor BUILDER, TRI-COUNTY CONSTRUCTION CO., INC. ._--- ~ - ~ _ ~ _ j - ~_~~-~ ~ ~. ,.~ t ,.~z~ i ~ti~ ~ _ ~~ Approved as to form by ,. George D. Lindberg, City Attorn,, -2- ~,- 4ob`a ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this3rd day of May 19 66 by the following vote, to-wit: AYES: COUNCILMEN S~arlin~_ Sylvester Anderson, McCorguodale ABSTAINED: COUNCILMAN McAllister NAPES: COUNCILMEN None ABSENT: COUNCILMEN None ~_ . ~ ~ Mayor of the City of Chula Vista ATTEST ` f c. ~.~~~_ U-~ ~ ."`~ a~~--~ 2-~~~ ~_ 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 ~ u/~~ 1'Vlllt LVV. Y1L REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of May 1966 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and TRI-COUNTY CONSTRUCTION COMPANY, INC., a 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 installation in Bonita Road and Bonita Mesa Road in the City of Chula Vista, and WHEREAS, on Ma 3 19~, the City Council of the City of Chula Vista a opted Resolution No. 4068 which resolution determined that the construction of said off-site sewer installation 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 off-site sewer installation in accordance with the provisions of Ordinance No. 405, as amended, to the extent that said off-site sewer installation 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. 4068 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 off-site sewer installation 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 off-site sewer installation 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 installaticn of said 2. In the event the amount collected by City from persons connecting to said off-site sewer installation 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 installation in an amount not to exceed the sum of $25,517.87 in accordance with the provisions of Ordinance No. 405, Resolution No. 4068 and this agreement. -1- f' Q ~~ ~. _ ~~,.r i ~` ~~ r ~riu ivy . ~» 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 off-site sewer installation 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 $5.40 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 C HULA V ISTA and TRI-COUNTY CONSTRUCTION COMPANY, INC. dated the 3rd day of May 19 66 the expiration ~'~ date of which is hereby established as twenty (20) years k I 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. Presented by Lane Cole, City Engineer Approved as to form by ~~ ~' '~ George D. Li dberg, City Attorne -2-