HomeMy WebLinkAboutCC RESO 5535v. # '7a Z�
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RESOLUTION NO. 5 �✓ J S-
BE IT RLSOLVED by the City Council of the City of
National City, California, as follows:
SECTION 1: That certain agreement between
CLARENCE E. MORRIS,
and the CITY OF NATIONAL CITY, a
municipal corporation, a copy of
which is attached hereto, and by
this reference incorporated herein
the -same as though fully set forth
herein, be, and the same is hereby,
approved.
SECTION 2: That MAURICE CARRIGAN, Mayor of the
City of --National City is, and he is
hereby, authorized, and directed to
execute the same for and upon behalf
of the said City.
CONTRACT BETWEEN SUBDIVIDER AND THE CITY OF
NATIONAL CITY PROVIDING FOR REIMBURSEMENT TO
SUBDIVIDER FOR A PORTION OF THE COSTS OF IN-
STALLATION OF CERTAIN ;SEWER TRUNK LINES
THIS AGREEMENT, made and entered into this '2,40 day
of June, 1951, by and between CLARENCE E. MORRIS, a general
contractor, hereinafter referred to as "Subdivider", and the
CITY OF NATIONAL CITY, California, a municipal corporation,
hereinafter referred to as "City",
W I T N E S S E T H :
WHEREAS, CLARENCE E. MORRIS, Subdivider, _ has created
a subdivision of land in the City of National City, Calif,,rnia,
known as HILLTOP PARK; and,
WHEREAS, it is not possible to use septic tanks or
cesspools in connection with the development of said sub-
division and it is necessary that sewers be installed by said
Subdivider; and,
WHEREAS, it has been determined that the reasonable
cost of installation of the trunk sewer system hereinafter
described is the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS
($7,500.00); and,
WHEREAS, it is the opinion of the City Council of
National City, California, that sewer facilities can be made
available to thirty-six (36) lots in HILLTOP PARK Subdivision
(being lots one (1) to nine (9) inclusive; twelve (12) to
twenty-nine (29) inclusive; and thirty-two (32) to forty (40)
inclusive) by the installation of a sewer trunk line from
Division Street, northerly on "U" Avenue and on Alpha and Beta
Streets, all in the City of National City; and,
WHEREAS, it appears that such sewer trunk line on "U"
Avenue and a portion of Beta Street can be or will be used in
the disposal of sewage from properties not within the aforesaid
thirty-six (36) lot portion of HILLTOP PARK Subdivision;
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
FIRST: That the City shall permit the Subdivider to
install sewer trunk lines in the streets of National City,
California, in the streets known as "U" Avenue, and Alpha and
Beta Streets, and as more particularly set forth on that cer-
tain map on file in the office of the City Engineer of the
City of National City and marked "HILLTOP PARK SEWERS" and
signed by Subdivider and a duly authorized representative of
City, subject to terms and conditions herein contained.
SECOND: That the entir-� installation cost of the
afore -described sewer trunk lines as set forth on said Map
shall be at the sole expense of Subdivider.
THIRD: That the Subdivider agrees to install said
sewer lines in accordance with all rules, regulations and
ordinances of the City of National City, and all laws of the
County of San Diego and of the State of California.
FOURTH: That upon completion of the said sewer
trunk lines and approval thereof by the Engineer of City and
acceptance by the City, all right and title to said sewer
trunk lines shall immediately vest in said City without any
claim or demand from any person whomsoever, except as in
this agreement provided.
FIFTH: That upon completion, approval and accept-
ance as aforesaid, the City agrees to reimburse subdivider
for a portion of the said installation cost of the sewer
trunk line subject to the following:
(a) That said reimbursement shall be the
actual cost of construction of said
sewer trunk lines less the sum of FOUR
THOUSAND FIVE HUNDRED SEVENTY SIX AND
24/100 DOLLARS ($4,576.24), provided,how-
ever, that notwithstanding anything to the
contrary herein contained, the total amount
reimbursed to Subdivider shall not exceed
TWO THOUSAND NINE HUNDRED TWENTY THREE AND
76/100 DOLLARS ($2,923.76);
(B) That said reimbursement, if any, shall be
only when, as, and if the same is collected
from persons owning real property not with-
in the HILLTOP PARK Subdivision of Sub-
divider and who actually use the said sewer
trunk lines installed by Subdivider under
this agreement.
(C) That said sewer charge to be made to any
person owning, occupying or using real
property not within said subdivision of
Subdivider and who use said sewer trunk
lines, and which is the subject of reimburse-
ment to Subdivider, shall be the sum of ONE
HUNDRED SEVENTY DOLLARS ($170.00) per con-
nection; provided further that the City
shall not be liable for any failure or for
any legal inability to make such collection.
(D) That in addition to the charge set forth in
(C) above, the City may also collect from
persons outside said subdivision and who
use said sewer trunk lines a sewer connec-
tion fee and permit in a sum as determined
by Sec. 9, Ordinance No. 784, of said City
or as it may thereafter be amended; that
this sum shall be retained by said City
and shall not be subject to any claim or
demand of Subdivider nor shall it be
used in the computation of any sums
reimburseable to Subdivider.
It is fully understood and agreed
that the amounts collected under sub-
division (c) and (D) as in this para-
graph provided shall in no event exceed
the total amount collectible by the City
of National City under the provisions of
Ordinance No. 784 or any ordinance
adopted in lieu thereof.
(E) That in the event it is not legally
possible or permissible to make said
reimbursements as herein provided, then
the City shall have no liability to Sub-
divider and Subdivider hereby specifically
agrees to make no demand or claim whatso-
ever against City for the said sewer trunk
lines or for any money collected by City
from persons living without said Sub-
division of Subdivider and who use said
sewer trunk lines; the subdivider hereby
further expressly grants to City the right
and permission to make connections to said
sewer trunk lines and charge such persons
therefor.
SIXTH: That it is expressly agreed that Lots 10, 11,
30 and 31 of said subdivision of Subdivider are not to be ser-
viced by the said sewer trunk lines; that in the event these
last-mentioned four (4) lots, or any of them, are connected to
any sewer system within the City of National City, then and in.
that event the person or persons desiring said connection
shall pay the full nri.ce demanded by the City as now set forth
by Ordinance No. 7 t of said City or by any amendment or other
Ordinance that may then be in effect.
SEVEfl i :
That notwithstanding anything to the con-
trary herein contained, the Subdivider agrees to pay to City
the sewer connection fee and permit in the total amount of
SEVENTY FIVE DOLLARS ($75.00) per connection for each of the
aforesaid thirty-six (36) lot connections when and if such
connections are made by Subdivider to the herein described
sewer trunk lines.
EIGHTH: That Subdivider agrees to hold the City,
its agents, officers and officials free and harmless from
any and all claims or demands arising from, out of, or through
the installation of the herein described sewer system.
NINTH: That all such collections made hereunder for
the benefit of Subdivider shall, after City deducts any costs
of collection, be paid forthwith by the City Treasurer of
City to said Subdivider, his successors or assigns. If, after
the expiration of two (2) years, the whereabouts of the Sub-
divider, his successors or assigns, is unknown to said City
Treasurer and no demand is made therefor, all sums so collected
and deposited to the credit of such person shall be deposited in
the Capital Outlay Fund of City and all rights thereto of such
persons shall immediately terminate. That after Subdivider has
been fully reimbursed as herein provided, all future collec-
tions made by City for connections to said sewer trunk system
(exclusive of sewer connection fee and permit fee) shall belong
to, and be deposited in the Capital Outlay Fund of said City.
In furtherance of the provisions of this agreement, Subdivider
agrees with City to keep on file with the City Treasurer his
correct mailing address.
TENTH: That no charge made or collected hereunder.
shall bear interest.
:Zi'.VE,:'iii: That City shall in no case be liable in
damages or otherwise to Subdivider for failure, neglect or
inability for any reason to collect any charges herein men-
tioned or to reimburse Subdivider as herein provided or for
errors in the proportionate disbursement thereof.
TWELFTH: That five (5) years after the date of this
agreement, any right to reimbursement of Subdivider shall
cease, and any and all charges thereafter made shall belong
to City and shall be collected and deposited in the Capital
Outlay Fund of City.
DATED this %/ day of June, 1951.
47/
Clarence �.
CITY OF NATIONAL CITY
By "?- iL6-C,fi
�dw
l
PASSED AND ADOPTED by the City Council of the City of National City, California, this
21st
day ay of 19 51 , by the following vote, to -wit:
AYES: Councilmen
Clarke, Curry, Hart, ingalls, Carrigan
NAYS:
Councilmen Hone
ABSENT:
Rona
ATTEST:
City Clerk.
I hereby approve the foregoing
Resolution
iviayar of the City of National City, Cifornia.
21st August , 19 51
this day of
Mayor'of the City of National City, Cejff ornia.
{ Resolution l No
I hereby certify that the above and foregoing is a full and true copy of Ordinance f
of the City of National City, California, as adopted by the City Council of said
of the j
Resolutions
Ordinances
of � 19
City, and approved by the Mayor of said City, on the day
City Clerk of the City of National City, California.
Deputy
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