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