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HomeMy WebLinkAboutReso 1977-8694RESOLUTION NO. 8694 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING THE AMOUNT OF MONEY WHICH SHOULD BE ASSESSED AGAINST CERTAIN PARCELS OR PROPERTY PRIOR TO MAKING SEWER CONNECTION BECAUSE OF BENEFIT RECEIVED BY SAID PARCELS BY THE CONSTRUCTION OF SEWER FACILITIES IN THE 300 BLOCK OF HILLTOP DRIVE AND APPROVING REIM- BURSEMENT AGREEP'IENT WITH JOSEPH L. HENDERSON The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Joseph L. Henderson has contructed or caused to be constructed an extension of a sewer main to serve his property at 312 Hilltop Drive, and WHEREAS, the Director of Public Works has filed his recom- mendations to the City Council, in writing with the City Clerk, a copy of which is attached hereto and marked as Exhibit "A" and in- corporated herein by reference as if set forth in full, setting forth therein the parcels which he has determined have benefited from the construction of said sewer main 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 Director of Public Works in his recommendations has ascertained that Mr. Henderson has incurred the full cost for the construction of said sewer main, and WHEREAS, the Director of Public Works has determined that the amount of money which Mr. Henderson should be entitled to receive. by way of reimbursement for said construction, in accordance with Section 13.16.170 of the Chula Vista Municipal Code, is $593.50, plus 7~ simple interest, which reimbursement agreement would run for a period of twenty years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That the construction of said sewer main has benefited those parcels as shown on the plat attached hereto and made a part hereof. 2. That the recommendations of the Director of Public Works, as filed with the City Clerk, are hereby approved and adopted, and the sum of $593.50, plus 7~ simple 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 con- nection being made to any sewer facility of the City to serve said parcel, all in accordance with Section 13.16.170 of the Chula Vista Municipal Code. 3. That that certain reimbursement agreement between the CITY OF CHULA VISTA and JOSEPH L. HENDERSON, dated the 29th day of June , 1977, a copy of which is attached hereto and incor- porated herein, the same as though fully set forth herein be, and the same is hereby approved. - 1 - 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 the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record this document in the office of the San Diego County Recorder. Presented by Approved as to form by W. J. Robens, Director of eorgeG Lindberg, City Atto y Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 28th day of ,June ~ 1977 ~ by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl NAYES: Councilmen ABSENT: Councilmen None None C~ D4ayor of the City of Ch 1 ista ATTEST ~, Deputy City Clerk STAT OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHTJLA 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. and that the same has not been amended or repealed. DATED City Clerk - 2 - ~, ~` 58 Form No. 412 REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this 29th day of June 1977 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City'°, and JOSEPH L. HENDERSON, 312 Hilltop Drive, Chula Vista hereinafter called "Builder," W I T N E S S E T H WHEREAS, Builder has constructed or caused to be constructed a sewer main to serve his property in 312 Hilltop Drive in the City of Chula Vista, and WHEREAS, on June 28 1977 the City Council of the City of Chula Vista adopted Resolution No. 8694 which resolution determined that the construction of said sewer main 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 main in accordance with the provisions of Ordinance No. 405, as amended, to the extent that said sewer main 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. 8694 and agrees to all of the provisions of said ordinance and the statements, determinations and conclusions in said resolution, and f WHEREAS, Builder represents that said sewer main 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 main 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 installation of said sewer main. 2. In the event the amount collected by City from persons connecting to said sewer main 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 main in an amount not to exceed the sum of $593.50 plus 7o simple interest in accordance with the provisions of Ordinance No. 405, Resolution No. 8694 and this agreement. -i- ~,.. _ 59 Form No. 412 Page 2 IN WITNESS WHEREOF, this agreement is executed by the CITY OF CHULA VISTA acting by and through its Mayor pursuant to Resoi..aation No~ 8694 , and by the day and year first hereinabove ~,oritten. THE CITY OF CHULA VISTA ~C Wi 1 T. Hyde, Mayor BU ER 7 +Z / ~ ~- ~; En !/ / J seph Henderson Approved as f m by Geor D. Lindberg, City A rney -2-