HomeMy WebLinkAboutReso. 1987 - 175 - Reimbursment agreement between the city of redding and eakens and frank a partnership for a sewer line and authorizing the mayor to sign same 411 110
RESOLUTION NO. 27-/7
S-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF
REDDING AND EAKEMS AND FRANK, A PARTNERSHIP, FOR A SEWER
LINE, AND AUTHORIZING THE MAYOR TO SIGN SAME.
IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows:
1 . That the City Council of the City of Redding hereby
approves the Agreement between the City of Redding and Eakens and
Frank, a Partnership consisting of Donald W. Frank and Harlan D.
Eakens, for reimbursement of development costs for a sewer line,
a true copy of which is attached hereto and incorporated herein;
and
2. That the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement and all necessary
documents on behalf of the City of Redding, and the City Clerk is
hereby authorized and directed to attest the signature of the
Mayor and to impress the official seal of the City of Redding on
the aforesaid documents, when appropriate.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 2nd day of June , 1987 , and
was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannessen , & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATTEST: FORM•'PROVED:
/ . .rte% Aiy
ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, C' ty Attorney
1
• III .
AGREEMENT
THIS AGREEMENT entered into this day of fitigy ,
1987, by and between EAKENS AND FRANK, a Partnership composed of
Donald W. Frank and Harlan D. Eakens, of 6811 Riverside Drive,
Redding, California 96001 , hereinafter referred to as
"DEVELOPER, " and the CITY OF REDDING, a Municipal Corporation and
General Law City, hereinafter referred to as "CITY" :
WITNESSET H:
WHEREAS, DEVELOPER has constructed, at its own cost and
expense, a fifteen inch (15" ) sewer line, the location and route
of which is shown on the diagram attached hereto as Exhibit "A"
and incorporated herein by reference, hereinafter called "the
line" ; and
WHEREAS , DEVELOPER has deeded the line to the CITY, and CITY
has accepted the same; and
WHEREAS, Title 14 of the Redding Municipal Code authorizes
the CITY to reimburse the DEVELOPER for its costs of construction
of the line from the connection charges collected by the CITY
from the other connectors to the line as such charges are
required by the CITY and paid at the time of subsequent
connections;
NOW, THEREFORE, IT IS AGREED as follows;
1 . CITY shall reimburse DEVELOPER for its costs of the
line from the connection charges charged to and collected from
other connectors to the line extension in accordance with and
411
•
III. ,
subject to the provisions of Chapter 14. 16 of the Redding
Municipal Code.
2. CITY reserves the right, at any time, to increase or
decrease the established rates for sewer connection charges; and
in the event of any such change in rates, reimbursement to the
DEVELOPER shall be in accordance therewith as to all subsequent
connections.
3 . The total actual cost eligible for reimbursement to the
DEVELOPER for the line is the sum of $41, 959. 82, as follows :
USEABLE GENERAL PLAN TOTAL ASSESSMENT
AP NO. ACRES DENSITY PER ACRE HE COST
74-090-12 1 . 1 2 existing res. 2 $ 1 , 011 . 08
74-090-10 0. 6 6 . 0 2 1, 011. 08
74-090-03 1 . 4 2 existing res . 2 1 , 011 . 08
74-100-18 0. 5 1 existing res. 1 505. 54
74-100-19 1 . 0 1 existing res. 1 505 . 54
74-100-05 3. 7 Commercial 30 15, 166. 20
74-050-08 1 . 2 Commercial 10 5, 055. 40
75-05-16 1. 6 Commercial 13 6, 572. 02
74-050-13 0 . 7 6. 0 4 2 ,022. 16
74-020-08 0. 9 6. 0 5 2, 527. 70
74-020-09 0 . 2 6 . 0 1 505. 54
74-020-10 0. 7 6. 0 4 2, 022. 16
74-020-06 1 . 3 6. 0 8 4, 044 . 32
83 $41 , 959. 82
4 . The term of this Agreement shall be for a period of ten
(10) years, commencing on the date hereof. Any connection
charges collected by the CITY from the owners of the real
properties described above and as shown on Exhibit "A" attached
hereto, after the expiration of the term of this Agreement, shall
not be reimbursable to DEVELOPER.
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5. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto.
6. It has been determined that this matter is not subject
to the provisions of CEQA.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
CITY OF REDDING
By:
MIKE DAHL, Mayor
EAKENS AND FRANK, a Partnership
i
By:
„--HARLAN D. EAKENS
By: 04 � i
DONALD W. FRANK
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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