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HomeMy WebLinkAboutReso. 1980 - 040 - Approving agreement with County of Shasta respecting water services to Quartz Hill Assessment District no 1979-1 RESOLUTION NO. SU-4O A 'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF •REDDING • APPROVING AGREEMENT WITH COUNTY OF SHASTA RESPECTING. • WATER SERVICES,, TO QUARTZ HILL ASSESSMENT DISTRICT NO.• 1979-1, ,AND AUTHORIZING ITS. EXECUTION BY THE MAYOR. BE IT RESOLVED by the City Council of the City of • . Redding as follows : • 1 . The City Council hereby approves the Agreement with the County of Shasta Respecting Water Seryices to Quartz Hill Assessment District No. -1979-1, a copy of which is attached• hereto, marked "Exhibit A" , and incorporated herein by reference. 2 . •Mayor Donald- M. Demsher is hereby authorized to' execute said Agreement on behalf of the City of Redding, and City Clerk Mildred L. Drayton is- authorized to attest and affix the seal of the City of Redding. ' . . • I HEREBY CERTIFY that the foregoing Resolution was introduced and` read at a special meeting 'of the City Council of the City of Redding on trie ' l0th`l day jof March, 1980 , and was � r • duly adopted, at said meeting by the following•-vote; AYES• COUNCILMEN FAO fon, Gard, Kirkpatrick, Pugh,• and Demsher • NOES: 'COUNCILMEN: :;None_ ABSENT: COUNCILMEN: None ' A T 'ST. LD M. DEMSHER «/ Mayor of the City of Redding ILDRED 'I!.' BRA 01 City Clerk FORM OVED. • RAk,DALL A. HAYS, C -ty. ' ttorney • • • • Ti-q, 7.1"177777PiT1 . • . n • / # .it. An41/ SEP tO:Pg AGREEMENT RESPECTING WATER SERVICES TO QUARTZ HILL ASESSMENT DISTRICT NO. 1979-1 RECITALS A. The parties to this agreement are the County' of Shasta, State of. California (hereafter referred to as "the County") , and the City of Redding, a California general law city (hereafter re- ferred to as "the City" ) , situated within the County. B. The County has initiated special assessment proceedings under the Municipal Improvement Act of 1913 (Sections 10000 and follow- ing, California Streets and Highways Code) for an assessment district known as Quartz Hill Assessment District No. 1979-1 . The purposes • of said proceedings are (1) to provide for the design and construc- tion of a water transmission and distribution system (including service connections and related fire protection facilities) , hereafter in this agreement referred to as the Quartz Hill system, and (2) to provide for the financing of the cost and expense of such design and construction, together with the related incidental expenses , through the levy of special assessments and the issuance and sale of improve- ment bonds, under the provisions of the Improvement Bond Act of 1915 (Sections 8500 and following, Streets and Highways Code) . C. The Quartz Hill system is to be interconnected with the water system of the City, and upon completion of the 'Quartz Hill system to the satisfaction of the City and the County, the City will commence and thereafter provide water service to the property and inhabi- tants of the Quartz Hill Assessment District. • • D. The purpose of this agreement is to provide the terms and conditions under which the Quartz Hill system will be designed and -1- . constructed by the County and under which the City will provide water service through the Quartz Hill system. E. In mutual consideration of the covenants and conditions hereafter stated, the parties agree as follows . AG}zEEMENT 1. The foregoing recitals are true and correct and the parties expressly so acknowledge. 2 . The County• agrees to take all reasonable steps for the diligent prosecution to completion of the following activities in furtherance of the Quartz Hill system at no cost to the City; a. conduct the special assessment proceedings which were initiated on February 26, 1979 , leading 4i the levy of special assessments against the several parcels within the proposed assess- ment district for the estimated cost of the .project. b, make collections and administer_' bond debt service; c. prepare contract plans and specifications , award the 'construct ion contract and provide for contract administration . d. prepare and process to certification of completion an environmental impact report . 3 . The County shall cause the design of the Quartz Hill system to be prepared in conformity with the standards of the City. The County shall provide for City review and approval of the final contract plans and specifications at ].east 30 days prior to advertise- . ment for bids . 4 . The County shall have sole and complete discretion , subject to such approval by Fm.HA as is required by the regulations of • that agency, in the determination of the lowest responsible bidder for • •� • award of the construction contract.. in the evens_ that the lowest bid received is for an amount exceeding the engineer ' s cost estimate so as to necessitate an increase in the amount of the special assess- ments preliminarily approved, the County shall have complete and sole discretion in determining whether to require an increase in the special assessments or whether to abandon the project. In the event the County determines to abandon the project, this agreement shall be null and void. Determination to abandon the project shall be done by a. resolu- tion of the Board. of Supervisors of the County . 5. The County shall provide in the plans and specifications that. the City shall be authorized to enter the work and to inspect the work during construction to determine if work is being done in accordance with City standards . The County shall further provide that the City shall receive copies of • the contract plans and specifications, shall review and approve any and all change orders , and shall receive a re- producible copy of the as-built plans . . 6 . Notwithstanding any provision of this agreement which might be construed to the contrary , the County shall remain the sole owner of all portions of the Quartz Hill system for the full period of time or repayment HA loan; provided , however, that to the of the Fm extent permitted by regulations of FmHA, the City shall become the owner of all portions of said system situated .within any portion of the assessment district territory which may be hereafter annexed to the City prior to completion of the loan repayment. -3- . 3- • • 7. The City agrees to permit the contractor, upon completion of construction and acceptance of the project by the City and the County, to interconnect the Quart; Hill system to the existing water system of the City. The City will provide water service within the Quartz Hill assessment district in conformity with the same standards for quality and quantity as are applicable to water service inside the City boundary as follows: a. For those parcels for which water services were installed as a part of the project., the City shall, upon filing the Notice of Substantial Completion_ by the County, or at such earlier time as the City may desire , initiate water service to that property in' conformity with the rules and regulations of the City for such water service b. • It is expressly understood and aCgr'eed that the monthly user charge for water service to property outside the City. Boundary V shall be the rate as established for the Buckeye Service Area, presently designated as the City' s Rate Schedule F. If the Buckeye Service Area is annexed to the City, rates shall be set for Quartz Hill in a manner consistent with. that i:sed. for the Buckeye Service Area prior to annexation. c. The City shall for the ful:L term of this agreement maintain the Quartz Hill water system in conformity with the maintenance standards applicable to all portions of the City' s own water system; provided , however, that it is expressly understood that the City shall not be obligated to provide for or to pay the cost and expense of any relocation of any portion. of the Quartz Hill system, which would normally be the responsiblity of the system owner, that being the obli- gation of the County as the owner of the system. 4-. .. . . . III . . , . d. The City will, at no cost to the County provide for collection and administration of all water user fees, connection charges a , other like fees and charges upon initiation of water service. e. For those parcels within the assessment district bondary as to which no water service lateral is installed as a part of the assessment district project, installation of the water service and related facilities shall be the obligation of the property owner as a condition to commencement of water service from the City. Such property owner shall (1) file the appropriate application, (2) pay the Cityall . meter costs and any applicable connection charges or similar charges or ... fees and any other amounts as may 'be required by the City under its regulations for initiation of water service in the Buckeye Service Area, and (3) complete installation of the water service lateral to the satis- cation of the City. f. The City shall provide for rules and regulations for continuation, temporary disconnection and permanent disconnection and reconnection. of water service under the same terms and conditions as applicable to water service within the City boundary. 8. The County agrees upon completion of construction and issuance of assessment bonds to transfer to the City the funds collected on behalf of the City for prepayment of the water connection fee or • charge as may be provided by the Redding Municipal Code. 9. Upon completion of repayment of the FmHA loan, the County shall transfer ownership of the Quartz Hill system to the City and the City agrees to accept full ownership, together with all .. • , . . -5- -.,,---,--, . . . . . III III that . the rights and obligations of such ownership at time. 10 . In co:Isideration of the City providing water within the boundaries of the Quartz Hill Assessment District, and in order for the City to be able to engage in appropriate water utility planning for future demands, the County hereby agrees that develop- ment within the service area shall be compatible with that shown for the same area on the Redding General Plan adopted in 1970 , or as it is subsequently amended as permitted by State law. DATED: --_ . . COUNTY OF SHASTA State of California ' ."-- ,,,----Th ...V / / ' ---- - / B `,e-7,42, -.1 , 1,..,-- -,,Ye....,,,?•,,,,,,,--_,.;,.2.,-,..____ 7 ../ 2 , -•-•, .::=,- ., ...--- L------- Chairman, Board of Supervisors ,/,'---,' (--:, ) `----.:- .'-'7,147.c---;'Iff-f.P.eiL"-r•:* -±:2'--- ,6'.' e.‘g.-4`.(•-r__"< County Crerk APPROVED AS TO FORM: • / _-) .. ,, (------- 1./_ ----- . . :: -;• . -k,------- -<____„,--_y,,, 0,..,------->,.-. 61Inty Counsel ' s Office,/ • County Executive ' s. OLtice ( :.:7,•=,-.-__.24 Th.4., ..,, . •Co4ty Auctitor-Cjtroller ' s OffTce CITY OF REDDING, Shasta County , California By ------—-------7-------———------ DONALD M. DEER • Mayor of the City of Redding ATTEST: • . MILDED L. L.WAYTON , Cite Clerk APPRD-1'-yD AS TO FOPM : • . . , 1 RyDAL1, A. 11Ar C14.,' Attorney oney . . . . • . . . -6-