HomeMy WebLinkAbout2001-21 - waiving sewer ordinance requirements for RCHDCRESOLUTION NO. 2001-21
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH WAIVING SEWER ORDINANCE
REQUIREMENT PURSUANT TO UKIAH CITY CODE
SECTION 3701.5.
WHEREAS,
1. Rural Communities Housing Development Corporation ("RCHDC") has applied to the City Council
under Ukiah City Code ("UCC") Section 3701.5 to waive the requirement of separate sewer laterals contained in
UCC Section 3704.3; and
2. With funding from the United States Department of Housing and Urban Development RCHDC is
constructing two apartment buildings for low income families at 148 Gibson Street; and
3. The project could not be built on the two parcels at this location, if the requirement for separate sewer
laterals serving each building were not waived; and
4. The City Council finds that the inability to develop the site for low income housing would constitute a
hardship and would be inequitable so long as RCHDC makes adequate provision for the proper maintenance of the
sewer laterals at no expense to the City of Ukiah; and
5. If RCHDC properly executes and records an agreement in the form of the AGREEMENT TO
MAINTAIN COMMON SEWER LINE AND IMPOSING LIEN AS SECURITY FOR THE PERFORMANCE
THEREOF ("Sewer Maintenance Agreement"), attached hereto, waiving the requirement of UCC Section 3704.3
will not impose an hardship on the City of Ukiah or constitute a grant of special privilege to RCHDC;
NOW, THEREFORE, BE IT RESOLVED that the requirement of separate sewer laterals or a sewer main to serve
separate buildings constructed at 148 Gibson is waived, effective upon RCHDC's proper execution and recordation
in the Official Records of Mendocino County of an agreement in the form of the attached Sewer Maintenance
Agreement; said execution and recordation to be approved by the City Attorney.
PASSED AND ADOPTED this 6th day of September, 2000, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Smith, Baldwin, Ashiku and Mayor Mastin
None
Councilmemeber Libby
None
ATTEST:
Marie Ulvila, City Clerk
in, Mayor