Loading...
HomeMy WebLinkAboutMinutes - City Council - 1950-06-19 ���-� Council �ieeting, Council Charnbers, City Hall, _ June lg, 1g50o The meeting was called to order by T��ayor Simons and u�on roil call the fo1loU;ing Couizc_ilmen were pr�sento Simons, Williams9 Swarus, Anthony aric� i��lorrison, CityT Attorney Carlton UTas also �resea�.t, YUTRAS Whl��R �XTENSION Attorney i:a�ltan �presented and read a revised pro�osal to furnish water �;o the Kutras Subclivision, l�breement is se� ou� in fu11 herein; nutras ��ater Agreement This agreement rt�ade and enterad .into this 19th day of June 1950, by and between C�-IHIST KUTRAS and F'I�.ATVCES ��d; I�UTRI�S, Husb�nd and T,�,�'if e, of the Ci�ty of Redrling, County af. Shasta, State of California, hereinafter referred to as the �'irst parties_, and the CITY UF REI�DII�G a rnunicipal corparation, hei einafter r.eferred �o as second party, �'�ITtiESSETrIo WtiEiiEAS, the .fi.r. at par�ies are tn.e owners of that certain real property situate in the C.ity of Reddin�, Cc�unty. of Shasta, S�tate ef Californi.a9 particularly described �s follows, to wit: � . � Kutras Riverside Ac�di.tiozz, Unit No. 1 � . as the same is reco�dec� in t:�� offic,e - `o�' the �ounty Recorder of the County � of Shasta, State of Ca�ifnrr�ia,� �' and . . . �. � - titi�-I�RE.AS, th:e �arties ciesire to ax�range for the constructi�n 1and ins-t,allat.ion of ,certain tivater ;m,ains for the serving and furnishing �of saiu s�lxdivisiori �,�aith water, and cer•tain sic3e laterals in connect-ion therewith, and , �. WHEREAS,. the second party desires. to cooperat�e .with tYie first �arties; in�.the coristruction and installation of such water mains and side laterals and to pravide for the reinlbursement to the first parties for _the, cost thereo.f in t��e n�an�ler an.d to th� eXtent hereirzafter set. � . forth, , , � . '. 5�0��1, TIIEREFORE, IT IS IuiU`I'LIALZY UNDERSTC�i� AND AGREEi�, BY AND BET�+JEETJ THE PAF l IES HEs�.ETO, �1S �'GLLOirJS, TO �11IT; le The second party a�rees to constr�uct a six ir,ch (6f�� water " main �ipe line at its own cost and expense alor�g So�atY� Street a distance of .appr.ox�:mately three �hundred. �'e�t to the �aesterlyT line of sai� :s�.zbdivision. 2. The secon� �part�� agrees ta constrL?ct a six inch ( 6'p) v,rater main pipe. line from tha sai�. westerly linz of said s�bdivision along � South Str�et in a general. easterly c.lirection a distance of one thousand nine h�andred� f eet. 3�.�. The f.irst�. parties a�ree that _the second party sha11 be � � reinibursec� and repaid for all costs in connection with the construction and installation or the �ipe, line niention�d in Paragraph 2 hereof in - the follo��rin�g manner, to wit; _ �ae The f irst .parties agree to pay ��.ntc� th� second par�y the sum of �250,00 fcr.thV�ith tzpori th� execution of each contract of other � document for the. sale of any lot in said subdivision {whetner adjacent to said� water, main �r not) and such payments snall b� made to. an� u:ntil tre second .�party has been reimbursed for the full atnount of its said costs .or unt11 June 20, . 195J, `�ahi�h�ver. first occurs. b. The payruent� hereinabove �rovided for iri subdivisiori (a) shall � not_ bc depend�en� upon: �the r�ceipt_ of �the �urchase price of said iot py the first parties but .shall be due and payaole upon the. execution of the coritract or oth�r c1_ocumerz�i, constituting a bonafide sale �hereof. � -.�x . , �..:._e.� c . The first �arties snall not be required to pay any interest on the arr�ount of money due from them hereunder to the second part3Te 1�. The second party shall furnish unto the first parties on the completion of the work set for-th a.n Paragraph 2 hereofa var•itten statement of the cost thereof. � . 5 . The second party shall. be tne owner of all th� installatinss constructed under the .�erms� of this .agreement, , 6. The second party agrees that the pipe line described in Paragraph 2 hereof shall be constructed with g�tes at street inter- sections with South Street so that side lateral connections can be made therefror.l to such streets. 7. Any side laterals constructed in said su'�division shall be paid for by the f.irst parties, subject to tne ri�;ht of reir�lburse- ment as hereinafter set forth. In the event the parties hereto at the tirne of the construction of any such side laterals, the second party shall construct the sazne according to plans an� speci.fications ;approved by it and wi:th funds provided for by the first parties in advance of such construction, Any such side laterals constructed hereuncier, shall be at least .one block long and all of the same shall be conlpleted within one ;year from the date hereof. Any construction of side later.als hereunder shall be agreed upon 'in advance of the installation thereof and payment made in accordance herewith, but the first parties shall have the right to make side lateral install- ations independent of the terr�.s of this agreement, if they so desire. _ $. _ `l'he: par�l,ies a�ree that the first parties shall _be reimbursed for the cost of the installation mentioned.�in Paragraph 2 �hereof and any installation made pursuant to Paragraph '7 hereof as follows: that after the second party has been paid for the full cost of aIl installations work made pursuant to P�ragraphs 2 and 7 the second party shall pay.to the first parties 50� of the gross semi-annual revenue, if any, derived �ay the second. party from private con- sumers whose water service connections shall be connected directly to the water distribution mains mentioned and described in Para�;raph 2 hereof or to the side laterals mentioned and described in Para- - graph 7 hereof. . Provided, however, that iri no event shall_ the total of said, payrlents exceed the cost of th,e installation work described in Paragraph 2 and 7 hereof and such payments shall cease and ;terminate when and if the first par-ties receive the total amount of such costs. Arid, provided further, . that all payments to first parties here- _under shall cease and t�rr�inate on June 20,� 1955, regardless of � whether or not the fi.rst parties h�ve recovered the full costs o� installation work herein mentioned. � 9. `�hat no payments shall be due from the seond party ,liereunder pursuant to Paragraph :$ hereof, to end and until the second party has been paid for the full cost of all installation work raade pursuant to Para�;raphs 2 and '7 hereof. • 10. At. the expiration of five years from the date liereof the - obligation of the second party to re:a:mburse the f'irst party pursuant to 1'aragraph 8 hereof snall ceas� and terminate and thereafter the � first pa,rti`es sh:all no� be entitled to any surn from the revenue from the sale of water to private �consuniers meritioned in said .Paragraph� $ and shall not otherv�iise be entitled. to any further reir�bursement in , connection with the installations made pursuant to this agreement. 116 P�otwithstanding anything hereinabove. provided, the first parties agree that the full cost to the second. party of the installatmn�.n wor�� provided for in Para�rapYi 2 hereof shall be� repaid' unto the seconcl party on or before June 20, 1955 and in tYie event there is any remain- ing balance due the second party on such pa�rnient the first parties agree on such date to forthwith pay such remainino balance to the second party. The fir,,st parties agree on the execution of this agreement to provide the second party with a surety b,ond issued by a responsible corporat�e surety acceptable to the second �party and wherein such surety company agrees to guaranty all the obli�,ations. of the fi�rst parties hereund;er, �and wherein such surety company �agrees to make any payments due unto the second party immediately on the first parties . being in default with respect to such payments. � 12. The second party agrees to render to the first parties semi-annual statei�ents of the gross revenue received by the second - party fror�i private consumers for the pe-riod from Jangary lst to June 30th and July lst to Decerr.ber 31st, inclusive of each year of this ' agreement and such statements shall be furnished promptly after the - close of each semi-annual period. Such. reparts shalJ_ commence on the , ; �,�� serni-arinual date riext followin� the cornmence�nent of vaater service �� to any consumer ccrinecting direetly with the water distributien � rriains �r side laterals h�reinabove mPntior�ed. 13 . No interest shall accrue to, either party on any, sum of maney to becorne due to either party hereunder. � ll�. The parties. agree that all. water distributiori mains �nd� arly side laterals installed t�nder the terms of this agreement shall forthwith becorne the sole property of the s.eccnct party hereunder � anc3, in addition, that the second party shall become the owner of a ri�nt of way and easement for the mainteliance, use, repair, remcval installation and reinstallation of said water distribution mains and side laterals. 15 . The parties agree that at all times hereafter the entire water distribution ria2ns described in Paragraph 2 her�of and any side laterals constructed pursuant ta Paragraph '7 hereof and all rights of way and easernents hereinabove mentioned shall be the pro- perty of and under the coritrol of thp second party and shall be at all times subject to its rights, rules and regulations . 16. 'I'he second party may, at its option, pay any balance due the first parties hereunder, if it so desires . 17. This agreer:ent snall inure to the benefit of �and Yie bindir�g upon the heirs, legatees, deuisees, representatives, ex- ecutors, administrators, successors and aasigns of the respective parties h.eretc . , IN ;r�ITNESS �r��HEREOr 1HE first parties have set their hands and the second party has caused its narne and seal to be hereunto ar.nexed by its officers thereunto duly authorized, the day and year first above written. ti�ditness � First Parties . Uiitriess , ATTEST: CITY OF. REDDIIVG Clerk By . . Pfayor APPROVED AS TU FORT�2 City Attcrney =� , , , ifUTTOIv• Motion made by Councilman I��1orrison and seconded by Council- mari Swarts that �;he Kutras VJater Agreemer.t as set up be accepted. Voting .�vas as follows : • Ayes: Councilmer�; Simons, �^Tilliams, S�Tarts, and PZorrison T�oes: Councilmen: Anthony Absent:Councilrneno none STREET BROADCASTIIVG Attorriey CarTton stated tnat he had reviewed the crdinance on Street �roadcasting offered by Councilmari Swarts at the prejrious meetin� and had decided tlzat several changes re restrictions should be rnade . Discussion followed en this qu�stion and it was sug�ested by Ivlayor Sirrons that action be delayed ur�til the next meetir�g to give the Council a charice to study the r�atter further and .in the meantime Attorney Carlton to get inforrnation on fees on daily ccmmercial advertising. BID OPENIl�TG OT�T PULES Bids from the followin� firms were cpen.ed. and read; � Nlaydwell & Hartzell, San Francisco, Neidermeyer-TUIartin Cornpany, Portland, Ure�on, B. J. Carney Company, Spokane, Washington, General Flectric Supply Corporation, San Francisco, Joslyri-Pacific , San rrancisco, Gosslin-iIarding Lumber Cor�ipany, San Leandre, Dennis Luinber Compar�y, San r'rancisco, � Poles Incorporated, Spokane, Er:ashington. �-�4.� . , 0 .. _ `I'he..,.�.ollowiri� quota�tion was ir�iii the N�eidern�eyer-ltiiartin Corr�pany � . '704 class 3� ( 2)pole66. 25 ea 60 4 4i 3 1 4Q 45 .37 e� 55 t f� � 25 tr 37a 22 ea 5p4 4T 3 15 4/ 32.01 ea 45t 'p 3 20 pP 27.67 ea f.o.b. Reddin� . . , � The bid frorn i�Teidermeyer-�iar�in Compariy of PorLlan.d, Ore�on, bein� the lo�ler bici. and conforuiing tc American Staridards it was decided thaL i�c be acc�pt�d. i-10TIU�;: T'Iotion made �by Gouiicilmaii Swarts and. seconded by - Councilrnar� T�lorrisori that we accept the Idiederraeyer-1�iartin Conipany bid on t�ie basis of a 15 day delivery acceptance. Voting was as foll.o�,rse Ayesa Councilme.n: Sirr�ons, �,tiilliams, Swari;s, Anthony, and T�Vlorrison i�oes; =iCouricilrnena none r�bsenteCour�cilriene nnn� T�11�I?�1TE�IA�I��CE AGREEI'v7ET�t1 DIVISIOT�t �F HIG:�Iti'tTAYS City 1��anager Storrn �resented an a�reer�ent fro-rr the Uivision of Hi�hways re zhe sr�aeeping of T�,'Iarket Street froin Hill Street to the '�rid.ge or Riversicte Drive. This is an annual contraci, renewed eacn year. � �v�IUlIUI�; I��iotion made by Council-rr�an i�iorrison and seconded by Council- raan Swarts t,hat w� accep�t the �.esolution, it being R�solution 15&9 as set forth by the Division of Hi�hwayso Votin� was as iollowse Ayes: Counciln�en, Sinlons, i^Jilliarns SV�arts, Arthony and i�7orrison iV`oeso Councilrnen: none � . Abserit; Councilr;leno none LETiER-LEAGU� OF CALIFORT�.TIA CITIES Ci-�y t�lanager Storrri read a letter from i�he Lea�ue of California Cities asking that the council mernbers attend a meeting at Chico _ on June 23o ihe discussion being to reorganize the systen� of city courts which ti,�ill be placed before the people in November, with the Speaker bein� Chief Justice Phil Gibson of the State -- Suprei�ie Court. • . 1�IUTIUTu e T��otion r�zade by Councilr,lan Swarts and seconded by Councilman T�arrison that expenses of Council t�iembers wishin� to � attenc� this r�i�etino, also expenses of the Ci�;y T�fianager and Attorney Carlton, be paid Uy the Cityo Uotin�; was as follows o _ �y�sa Councilmen; Simons, Williams, Swarts, Anthony and T+�or-rison T�oese Councilnierie none , .�bsento Councili��en: none Lot � BLK 1 - LAKEVIETi�t SUBDIVISIOP� It was brought to the attention of the Council that the City in its assessment of 1g�.2-191�3 re Lot � BLK 1 of Lakeview Suba did not list a ��6.3� sewer tax on saici lot. City Treasurer Souza had asked in a letter presented, that the assessment be cancellede I�ttorney Carlton pointed out to �;he Cour�cil that the�T were not authorized to cancel assessments and that this would be setting a precEdent. , T�10TIUl�; T�iotion made by Cour�cilr�an Swarts and seconded_ by Councilman i�iorri;,son that the opinion of the City Attorney b� accepteci and the - ca.ncellation refused. Votino was as followso xyes; Councilmen; Simons, tidilliams, Swarts, Anthony and P�forrison lvoes: Councilinen: none Absent; Councilr�!en; none ��� LIBRAt�Y SP�CE � An inspection shows t11at 2 front rooms riow occupied Uy the Red Cross could be used for space for library work especially since the Red Cross is occupying this s�ace tivittiout any a�reement fron: the _ Board. P��OTIUN , 1`fotion rr�ade by Councilman SwarLs that the l�.ed Cross � Equ�pn:ent be �removed anu space used for Library purposes. This motion was not seconded, Councilmarli�Iorrison su�gested that �;he �.atter be held in a'oeyanc� until a conference is Pield ;�ri th Keizneth Van Gundy, chairman of the Red Cross. I DELII�QUENT ACCOUT�TS Gity P�lanager Storm presented a r� ort o�z. delinquent accounts giving the followin� figureso Uncollectible y�1��,066,1�6; 30 day accounts - �11,557.56 and 60 day accounts 5�21'3g5e669 and stated that notices were being sent out along with the bills. Discussion followed and it was suggested that a stric�ter control be placed on accounts. �ouncilrnan Antnony stated �hat this was a prnbler�� for the City T�ianager, City Clerk and Collector. i�i0TI0iV; T�Iotion n�ade by Councilman Sw�rts arld secondQd by �ouncilman i��orrison tha� the City i��ana�er be authorizecl to send a wa-rr�zng notice and a fii�.al notice to al.l customers rzavin� delinquent accounts. Voting v,ras as follows: . � . Ayes: Councilmen Sirnons, 4�illianis, Swarts and lorrison Ivoes: Councilm�ene Anthony Absen�; Cour�cilir,ene norze It was su�;gested that further study be rnade re dPposits on accounts with -�h� City At�orney, 1'�'Ir. L`ick and t,he Czty I�iarlager givin� their consideration on arnount of deposits especially those customers who are consumers af electric heat, OVERIIIU�'-POLIC� DEPAR`l'1'��NT-CENTENNl'AL CELEBI�ITIUN I'�Tention v�ras made vhat Police Of.fic;ers i,r�rking overtime dux'inJ �the Centennial frarii.� Jurie 11 �hru June 1$ rec;eive overtime far san�e, � Counci�rr�an i�lOTIOi'S; 1��otion made by/ivlorrison and sAconded by Councilrnan SUrarts that the City Council approve o'vertime payment for time working during the Centennial by Police Oificers, Voting ,srras as follows: � Ayeso Councilmen: Si�nons, �1'�illiams, Swarts, Anthony and I�'Iorrison T�oeso Councilmen.e none A'psento Councilmeno none HU�Y ELEC i'RIC 'lhe Finance� C�anriii�tee felt that inasmuciz as o�alings re cox�struction at the It'Iunicipal Airport hac� been tiJith Contractor Brennan and not �ubcontractor Huey that the matter should be handled throu�h the former and since instructions were not follotiaed it Uras suggested that when makin� final payment to Brennan that �320. �be deducted for work done by the City. i��ZOTTUN; 'lylotion ma�.e by Councili�an Swarts and seconded by Councilman j�lilliarns that in r,�akiizg� �ayment to i�'ira Brennan that .,;�320, be deducted from the amount due Brennan for work done by the City. . Votin� was as follows: Ayese Counci�meno Sinians, Tfrilliarns and Swar�s Ivoes: Councilr�ien; t�nthony and Morrison Absent: none Olivia Subdivision Lots �. and 9 A re-su��division map of lots 4 and 9 of Olivia Subdivision was presented to th� City Council upon recommendatian frorn the Planning Commission. Councilman VJil7_iams opposed irrunediat� approval because of no provision for alleys and poor drainage. r.Chis matter Uras referred to the Street Committee. :ff� /� �� RESGLUTION/�UF C011it�ENDATIOiJ ATVD APPRECIATION It v�sas bgested by 1`.�ayor Simons that a resolution of cornariendation be sent to the State Traffic Control ancl also a resolution of appreciation be sent to the State Centennial Commission expressin� gratitude for a fine job done. 1�1U��'IONo Notion �zlade by Councilman SU,rarts and Councilman T�Tilliams i �.�� � �.hat l�tters of cor�2m.enda�tion be sent to t��e Caliiorr.ia Hi;hti�ray patrol ancl slso to the State Centennial Commission con-�nending them or.,. their, �ine perforrnance. • Votin� was as follour.so: � � � � Ayesa Councilmen; Simons, ti^Til.liams, Swarts, �lnthony �and i�iorrison , Noeso Councilmeno non� � Absent: Councilmene. k none . . T�iINU`1'ES � PRE:�IIOUS N1.EETIiVG . . � . . � . • • � i�ta.yor Simons asked that jthe rninutes of� the previous meetin� be read: I'�iinutes of the rneetir�g of Jun.e 5 Urere read ana accepted as read. - CLOSII�G OF CARi� ROOIuiS AT� 2 a.rr�. The rnatter of closin� card roorr�s at th� same hour that bars close was neld over for. further discussion. • •• � . OPENIt1G OF r ROTdTS OF lAVERi�TS � Councilrrian �`�Torrison asked. that the frants of bars be open�d to give a view irorn the street. This niatter was dropped. AUTHORIZATIOTu FOR P��1YOR TO LEAV� STATE � � � - � l��i�yor Siinoms �asked that he be �iv�n permissian to leave the State during the first week. of .August as he had plannEd to go to th� middle west duriizb that time. � MOTIOTu; i�Totion made by C�tincilrlan i�orrison and seconded by Council- man dtlilliarns that the I�Iayor be authorized to leave the State during the First week of August. Voting was as follows: . � � � Ay�eso Councilmen; Simons, tildilliams, Sv�rarts, ;Anthony and T�7orrison. I1oes< Counca.lmene none � , Absent; Counci-I-rnene none , � � BOARD GF E�UALIZATIUN TdOTICE � Councilman.�_Swarts � suogested that the �City �Attorney see that the � tinie of the Board �f Equalization meetings are publicized. . .. , . _ . . , , , . ihere being no further. busin2ss the meetin� was adjourned. � � . _ � APPROV�D; . � � � . � � Tv:ayor . . - . . , AT1ES'I,s � ' � , City Cle k �j C��A�,LC/ �. . / • � . ., , . . _. U . . . _ _ . . . . . �� . , . . . � . ,y