RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING AN EXTRATERRITORIAL WASTEWATER SERVICE AGREEMENT FOR THE PROPERTY LOCATED AT 8787 LOCUST AVENUE, FONTANA, CA, IDENTIFIED BY ASSESSOR’S PARCEL NUMBER 0246-191-30-0000.
WHEREAS, Orangewood MHP Asset Partners, L.P. (Owner) is a private company which represents and holds lawful title to the Mobile Home Park located at 8787 locust Avenue, Fontana, CA, Assessor’s Parcel Number 0246-191-30-0000, (the “Property”) which is located outside the incorporated boundaries of the City of Rialto, (the “City”); and WHEREAS, San Bernardino County does not currently provide wastewater service to the property; and WHEREAS, the City currently operates a wastewater collection system on Santa Ana Avenue, and owner desires to connect the Property to Rialto’s wastewater collection system; and WHEREAS, Owner desires to, and pursuant to the terms of an extraterritorial Wastewater Service Agreement, has committed to, or will commit to provide, at Owner’s cost, a sewer mainline extensions and lateral with connections from the building drain to the sewer main, including all road cuts, patching, permits, and inspections; and WHEREAS, City owns and operates the sewer main running along and within Locust Avenue, and any other related and/or additional facilities used from the conveyance, treatment or disposal of wastewater originating in the Service Area and any extensions, expansions, or replacements of any of the above being hereinafter referred to as the “Rialto Disposal System”; and WHEREAS, City has defined and established by resolution a policy and administrative guidelines to provide for wastewater service outside the City’s corporate boundaries; and WHEREAS, in order to accommodate the conveyance, treatment and disposal of wastewater originating in the Service Area, City has agreed to maintain and /or construct the Rialto Disposal System and such related and/or additional facilities as may be necessary to adequately provide such service for the Service Area in perpetuity; and WHEREAS, in consideration of City’s agreement to provide adequate conveyance, treatment and disposal services to the Service Area, Owner has agreed to make payments described in an Extraterritorial Wastewater Service agreement with respect to wastewater from the property discharged into the Rialto Disposal System (such wastewater being “Service Area Wastewater”) calculated at one point three (1.3) times the monthly rates charged by City to customers within Rialto, all on terms and conditions more fully set forth therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: An extraterritorial Wastewater Service Agreement (the “Agreement”) authorizing wastewater service to the property located at 8787 Locust Avenue, Fontana, CA, identified by Assessor’s Parcel Number 0246-191-30-0000, is hereby approved as submittal to the City Council concurrently with its adoption of this Resolution. \\\\
WHEREFORE, this Resolution is passed, approved, and adopted this ___ day of ___________, 2023. _______________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
______________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____ day of ______________, 2023.
Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2023. ____________________________________
BARBARA McGEE, CITY CLERK
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