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HomeMy WebLinkAboutC-898 - Reimbursement for costs of constructing sewer main extension in alley adjacent to Lots 35, 36 and 37 of Tract 444i in •nn c: _ 2/ 0/64 (6) 4, I 1 CONTRACT FOR REIMBURSEMENT OF COST OF CONSTRUCTING SEWER MAIN 2 3 THIS AGREEMENT, entered into this -2 3 day of 4 �' _._- 1964, by and between the CITY OF NEWPORT 5 BEACH, a municipal corporation, hereinafter called "City ", and 6 L. A. BECKER, hereinafter called "Becker "; 7 WITNESSETH• 8 WHEREAS, it is the poligy of the City to require the 9 owners of property served by water mains or sewer mains to pay 10 the costs of construction of such mains as reasonably can be done 11 (Section 7600, Newport Beach Municipal Code); and 12 WHEREAS, Becker is the owner of Lot 35 of Tract 444, 13 City of Newport Beach, California, as shown on Exhibit "A" which i 14 is attached hereto and incorporated herein by reference; and 15 WHEREAS, Becker has constructed at his own expense an 16 eight inch (8 ") sewer main extension in the alley adjacent to 17 Lots 35, 36 and 37 of Tract 444 at a total cost of $697; and 18 WHEREAS, Becker has filed an application with City 19 pursuant to Sections 7601 and 7602 of the Municipal Code requesting 20 that the Public Works Director determine areas of land which will 21 be benefited by the construction of the sewer main extension and 22 the amountto be paid for connection thereto by each parcel of land 23 within the benefited area; and 24 WHEREAS, the Public Works Director has determined that 25 Lots 35, 36 and 37 of Tract 444, as shown on Exhibit "A ", will be 26 equally benefited by the construction of the sewer main extension 27 and that at such time as each of said Lots 36 and 37 is-connected 28 to the City sewer system a charge of $232.33 should be paid by the 29 applicant for each such connection; and 30 WHEREAS, Becker has requested reimbursement from City of 31 connection charges collected for parcels of land within the area of 32 benefit; - 1'. 2' 3 4 5. 6 7 8 9 101 11 12 13 14 15 161 0U 19 20 21 22' 23 24 25 26 27I 28 29i 30 31 32 NOW, THEREFORE, the parties hereto agree as follows: 1. City agrees to require payment of $232.33 each as connection charges for sewer service to Lots 36 and 37 or any portion thereof. Said connection charges are made pursuant to Section 7601 of the Municipal Code and shall be in addition to all other lawful charges. 2. If either connection charge is collected by City within ten (10) years of the date said sewer main extension is accepted by City, then City agrees to pay said amount to Becker. 3. This contract is subject to all of the provisions, conditions and limitations contained in Sections 7601 and 7602 of the Municipal Code and, in the event of any disagreement of the parties over the construction of this agreement, said Code sections) shall be controlling. IN WITNESS WHEREOF, the parties have executed this agree- ment as of the day and year first above written. CITY OF NEWP RT BEACH / By 1/'7 1051 y Mayor Attest: n City —IierR- 2. �. A ' � ^ �• p y v. a 0 °! ao 0 3 �• 00y �/ �\ b� 4 \1 a ' po MOO— °ti S° Z p L 9� �� ' .pvo /44.0/''- � 1 • n o. Z4 PAO •, .. , .. ` I .� � , =25 0 �( b G � 34� I ' � e3sa' °� � •t�D C3 3L� Or 1\1 E kAf P 0 R A 3EA0X - pUBL O V4049KS DEPARi.'$r ^!o R5 3E/c/EF1 71.V� :FROM ;- . � SE! -�/EF� •.::MG /�Cl E,i'7"E/c1.5 /o,c1 '- V;. A toQ. G9" ...q • A t/40 A/ DRAWN_ APPROVED d I I DATE PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. EXHIBIT "A" S / .� 1 2/20/64 (6) • z I CONMCT na. REIMBURSEMENT 01 IJIJ �T OF CE�!!1'IIUCTING SEWER NUIN 3 THIS AGREEMT, entered into this � day of 4 , 19649 by and between the CITY OF NEWPORT 5 BEACH, a municJ#al corporation, hereinafter called "City", and 6 L. A. BECXERt hereinafter called "Becker "; 7 I_„}iF$SBTHs 8 WHBRMS, it is the policy of the City to require the 9 owners of property served by water main; or sewer mains to pay' 10 the costs of construction of such mains as reasonably can be done 11 (Section 7600, Newport Beach Municipal Code); and 12 WHEREAS, Becker is the owner of Lot 35 of Tract 444, 13 City of Newport Beach, California, as shown on Exhibit "A" which 14 is attached hereto and incorporated herein by reference; and 15 WHEREAS, Becker has constructed at his own expense an 16 eight inch (8 ") sewer main extension in the alley adjacent to 17 Lots 35, 36 mW 37 of Tract 444 at a total cost of $697; and 18' 19 20 21 23 24 25 26 27 28 29 30 31 32 WHEREAS, Becker has filed an application with City pursuant to Sections 7601 and 7602 of the Municipal Code requesting that the Public Works Director determine areas of land which will be benefited by the construction of the sewer main extension and the amouatoo be paid for connection thereto by each parcel of land within the benefited area; and WHEREAS, the Public Works Director has determined that Lots 35, 36 and 37 of Tract 444, as shown an Exhibit "A ", will be equally, benefited by the construction of the sewer main extension and that at such time as each of said Lots 36 and 37 is connected to the City sewer system a charge of $232.33 should be paid by the applicant for each such connection; and WHEREAS, Becker has requested reimbursement from City of Iconnection charges collected for parcels of land within the area of benefit; I NOW, THEREFOR, the palsies hereto agree as follows: 2 1. City agrees to require payment of $232.33 each as 3 connection charges for sewer service to Lots 36 and 37 or any 4 portion thereof. Said connection charges are made pursuant to 5 Section 7601 of the Municipal Coda and shall be in addition to all 6 other lawful charges. 7 2. If either conndition charge is collected by City 8 within ten (10) years of the date said sewer main extension is 9 accepted by City, than City agrees to pay said amount to Becker. 10 3. This contract is subject to all of the provisions, 11 conditions and limitations contained in Sections 7601 and 7602 of 12 the Municipal Code and, in the event of any disagreement of the 13 parties over the construction of this agreement, said Code sections 14 shall be controlling. 15 IN WITNESS WHEREOF, the parties have executed this agree - 16 scent as of the day and year first above written. 17 CITY OF NEWPORT BEACH 18 By ie ,"/- Mayor 19 Attest: C , 21 ity Clerk 22 L — ii 10 / 24 L, A. 25 26 27 28 29 30 31 32 2. 0 , n�1 oo�� °: 9�p° 4N yo'•° Q O •3 d 4 �' �1 �• 1101- a o G 0 sJ Ste• �' • � Y . / •'i0 � y/ .. u'S�.. _x.%'31;':' � •d D � „O� 1 /��� • /•45 O � � ��'' ..�.,r�•' Q' : � `' �O`o .450 °o- ' \� � Z /�'ii5 ,(„'\,,4? 8.444 + cJ fly • 1 r 4r144.01" .. �� .a`°� � � •44' TD NEKiPG � °24 to c .. sQ :• z 0`0• lzs r' v to .69._...q. °9 �'' 4/ zu, At/OM v17 ro�o o" B.� sCq � � zoortZ��` ��� jo . • 6, ti V, CT S CITY Y C'- i�El� POP p��X 5�. ORA`JJN GATE O PUBLIC °IOgiCS DEPART. � LY APPROVED DREG L3E,C/EFl7`11 VC F4OiNl "• PUBLIC WORKS DIRECTOR R.E. NO. SEWER i :.'M4 /'.V E t'TE.VS /ON _ DRAWING NO. THS 2/2 64 (12) 1 RZSOLMOXc $P. ,5933 2 A RNMUTION OF `CITY COUNCIL OF THB CM OF NIWPORT BEACH AORIZnW THE 8 3 OF A CONTRACT FOR RRIMBtJR lWNT 018 4 . SBGR .MAIN 5 AREAS, L. A. zsck r, the owner of Lot 34 of Tract 444 6 in the City of m"ort beso$, has constructed at his own expense 71 an eight -inoh serares wain extension in the alley adjacent to fiats - 8 35, 36 and 37 of Tract 444 at a total cost of $697; and 9 WHSR8A8, pursuant to the provisions of Sections 7601 10 =4 7602 of the Newport Beach Municipal Code. said.erner has 11 retested reimbursement €ran the City of the am of $232.33 each 12 as connection charges for sewer service to Lots 36 and 37 of said 13 Tract 444, which the Public Works Director has detez*ined will be 14 equally benefited by said sewer stain extension, if either eolnnac- 15 Lion charge is collected by City within tan years of the date said 15 sewer main extension is accepted by it; and 17 WHUM, there has been presented to the City Coil a 18 contract between the City and L. A. Becker under which the City 19 agrees to require payment of such connection charges and make 20 reimbursement to Backer as provided in said Sections 7601 and 7602; 21 and 221 WNCRBAS, the City Council has reviewed said contract and 23 found the same to be fair and equitable and in accordance with 24 said provisions of the Code; 25 X(W, Tom, BH IT RUMUD that the Mayor and City 26 Clark be and are hereby authorised and directed to execute said 27 contract on behalf of the City of Newport Beach. 28 ADOPTED this 23d day Of March, 1964. 29 30 31 32 it 0 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C 0 Date April 1, 1964 Authorized by Resolution. No. 5933 , adopted on March 23, 1964 Date Mayor and City Clerk executed Contract March 26, 1964 Effective date of Contract March 23, 1964 Contract with L. A. Becker Address Brief description of Contract Reimbursement of cost of constructing sewer main. Lot 35, Tract No. 444 Amount of Contract Ci y C erk CITY OF NEWPORT BEACH a, CITY ATTORNEY DEPARTMENT February 28, 1964' To: City Clerk From: City Attorney Subject: Contracts for reimbursement of cost of water main and sewer main Forwarded are the following: �� \ 1. Copy of proposed contract with L. A. Becker for reimburse- ment of cost of constructing water main. 2. Copy of proposed contract with L. A. Becker for reimburse- ment of cost of constructing sewer main. 3. Resolutions which, if adopted by the City Council, will authorize execution of said contracts on behalf of the City. The contracts have been forwarded to the Public Works Director to obtain their execution by Mr. Becker, after which they should be pre a=ted to the City Council for consideration along with the subject resolutions. THS :mec Encs. cc - City Manager Public Works Director Finance Director Walter W. Charamza City Attorney By l . e r Assistant City y Attorney 3 -Z3 -G9 R-,5-933 COUNCIL: 3 -z3 -4, - OISPOSITION: R- 5939