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HomeMy WebLinkAboutCC RESO 5471RESOLUTION NO. 5471 WHEREAS, Clarence Morris is the owner of certain property in the City of National City, California, known as Hilltop Park Sub- division; and WHEREAS, it is the desire of said Clarence Morris to install at his sole expense all lateral sewers in the said Hilltop Park Subdivision, together with all necessary sewer lines to connect said laterals to the present National City sewer system; and, WHEREAS, it is the desire of said Clarence Morris to contract with the City of National City to receive reimbursement from all persons not within the Subdivision and using such sewer laterals if legally possible to so do. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that Clarence Morris is hereby granted the right to install at his sole expense all lateral sewers on a certain subdivision in the City of National City, California, known as Hilltop Park Subdivision, and to connect said sewer lat- erals to the present sewer system of National City, California, at a point and upon the terms and conditions as required by the City Engineer of National City, and in accordance with all Ordin- ances of the City of National City, and the laws of the County of San Diego and the State of California. That the City of National City, shall, if legally permissible contract with and pay to the said Clarence Morris all money collected by the City of National City from persons living without the Hill- top Park Subdivision and who will use said sewer lines installed by the said Clarence Morris, subject to the following: That the amount to be collected by the City for each connection to the aforesaid sewer lines from persons living without the Hilltop Park Subdivision shall be the sum of $170.00, and provided further, that from the total cost of installation of the entire sewer system by the said Clarence Morris there shall be deducted a sum equal to the number of lots in said Subdivision multiplied by $170.00. The balance, If any, shall., when collected by the City, be the total amount to be reimbursed to Clarence Morris. That any money collected in excess of this sum shall be and remain the City of National City. Property of the That the acceptance of the terms of this Resolution by Clarence Morrisshall be upon the express condition that the said Clarence Morris shall not make any claim or demand for reimburse— ment except as hereinabove provided. And, that in the event that it is not legally possible to make said reimbursement as herein provided, that said Clarence Morris shall accept the rights granted by this Resolution upon the express condition that the said Clarence Morris shall make no claim or demand against said City for onies collected from persons living without said Sub- division and connecting and using said sewer, and further, that the City shall have the right to permit said connections and charge therefor. That this Resolution shall be conditional upon the execution and delivery by Clarence Morris of a valid waiver of all liabil- ities that have accrued or which may hereafter accrue to said Clarence Morris as owner of Hilltop Park Subdivision and against the City of National City and all agents, officers and officials- thereof, by reason of the lowering of the grade of that portion of Euclid Avenue adjoining the said Hilltop Park Subdivision. { PASSED AND ADOPTED by the City Council of the City of National City, California, this day of tune 19 51.. by the following vote, to -wit: AYES: Councilmen Clarke: Curry,. Hart, Ingalls,, Carrigan. 19th NAYS: Councilmen .Nox.e ABSENT: None C) ATTEST: City Clerk. I hereby approve the foregoing /I.-�rc�.r.�� Mayo the City of tional City California. f Resolution l this 19thl VIefrafietac day of June , 19 51 Mayor the City of N ional City, lifornia. I hereby certify that the above and foregoing is a full and true copy of { Resolution l No Ordinance f of the of the City of National City, California, as adopted by the City Council of said Resolutions Ordinances } City, and approved by the Mayor of said City, on the day of 19 City Clerk of the City of National City, California. Deputy V2,9 ..w, /Gh-y' endj'g/^� is-4/-' rf S I6