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HomeMy WebLinkAboutReso 1972-6614• •" RESOLUTION NO. 6614 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SEVENTH AMENDMENT TO THE AGREEMENT FOR USE OF SEWERS BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO, THE MONTGOMERGY SANITATION DISTRICT AND THE COUNTY OF SAN DIEGO, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain Seventh Amendment to the agreement for use of sewers between the City of Chula Vista, the City of San Diego, the Montgomery Sanitation District and the County of San Diego, dated the 26th day of September , 19 72 , a copy of which is attached e~i -reto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said Seventh Amendment for and on behalf of the City of Chula Vista. Presented by E~arYe F. Cole., Direc~vr of Public Works Approved as to rm by ~~ , ~'./ 1 r ~~ k ~~n %~~~•~~'/U G'' /~ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this ~~tr day Ofd=hP,. , 19~_, by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None .~ r~ Mayor of the City of C ula V a ATTEST l g/~ ~a--~-~ ~,~)' ~' - -City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk SEVENTH AMENDMENT TO AGREEMENT AMONG THE • CITY OF CHULA VISTA, THi CITY OF SAN DIEGO, THE MONTGO.•IERY SANITATION DISTRICT, AND THE COUNTY OF SAN DIEGO FOR THE CONSTRUCTION, OPERATION AND USE OF SEi~1ERS THIS SEVENTH Ai~IENDMENT executed this ~~Z ~' 'day of ~Er„~~,,a~-,~ , 1972, by and among the CITY OF SAN DIEGO, a municipal corporation, hereinafter called "San Diego", the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "Chula Vista", the MONTGOMERY SANITATION DISTRICT, a county sanitation district, hereinafter called the "District", and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter referred to as~the "County". WITNESSETH: STATEMENT OF PURPOSE 1. On February 13, 1964, San Diego, Chula Vista, the District, and the County entered into an agreement entitled ~ "AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO, THE MONTGOMERY SANITATION DISTRICT AND THE COUNTY OF SAN DIEGO FOR THE CONSTRUCTION, OPERATION AND USE CF SE~~7ERS" relating to the construction, maintenance and operation of the District's Sewer System and the Chula Vista's Sewer System; the service of Chula Vista Service Areas I, II, III, IV, V and VI by connection to and discharge of sewage into the District's Sewer System for transportation to and disposal by the Metropolitan System.; the service of District Service Areas A and B by a connection to and discharge of sewage into Chula Vista's Se4rer System. :mk ~~~ 2. On July 28, 1966 the parties herein amended the agreement by executing the First 'Amendment to Agreement to provide for the addition of Chula Vista Service Areas IIIA, VII and VIII to which service is made available by the District's Sewer System, as delineated on plats marked Exhibits B, C and D. 3. On June 6, 1967 the parties herein amended the agreement by executing the Second Amendment to Agreement to provide for the addition of Chula Vista Service Areas IIIB and IIIC to which service is made available by the District's Sewer System, as delineated on plats marked Exhibits E and F. 4. On October 3, 1968 the parties herein amended the agreement by executing the Third Amendment to Agreement to provide for two additional areas, which became part of Chula Vista Service Area IV, as delineated on plats marked Exhibits G and H. 5. On December 9, 1968 the parties herein amended the agreement by executing a Fourth Amendment to Agreement to provide for the addition of Section 16.1, Date Street,Faivre Street and future construction project as delineated on plats and table marked Exhibit I. 6. On February 16, 1971 the parties herein amended the agreement by executing a Fifth Amendment to Agreement to amend Section. 1.0 to reflect a higher service charge. -2- ,- J°._- ' ,~ f:,~',/f:! 7. On November 23,1971 the parties herein amended the agreement by executing a Sixth Amendment to Agreement to provide for an additional area which became part of Chula Vista Service Area IV as delineated on a plat marked Exhibit K, and to provide an additional area which became part of Chula Vista Service Area III as delineated on a plat marked Exhibit J. 8. The parties hereto have determined that two additional areas to which service will be made available should be added to the area now designated Chula Vista Service Area III. Both of these areas are delineated on a map attached hereto and marked Exhibit L. NOW THEREFORE, the parties hereto agree as follows: 1. The map marked Exhibit L attached hereto and by this reference made a part hereof shall be made a part of the Agreement and Amendments to Agreement as exhibits depicting two additional areas of Chula Vista Service Area III to which service will be made available in accordance with the terms and conditions of the Agreement and Amendments to Agreement. All reference in the Agreement and Amendments to Agreement to Chula Vista Service Area III as delineated on Exhibit A shall be deemed to refer to and include the additional area of Chula Vista Service Area III as delineated on Exhibit L. 2. All other portions of the original Agreement and Amendments thereto shall continue in'full force and effect except as modified. -3- ~. Approved as to form and legality this day of , 1972 . City Attorney or t e City o San Diego Approved as to form and legality this 26th .day of September , 1972 . /'~ ~~ ~ ~ City At rney or t e City o Chula Vista Approved as to form this day of , 1972. ROBERT G. BERREY, County Counsel By Deputy THE CITY OF SAN DIEGO By CITY OF CHULA VISTA ~ J MAY R // MONTGOr1ERY SANITATION DISTRICT By Chairman, Boar of Direc ors COUNTY OF SAN DIEGO By C airman, Bcar~~er visors '~ ~ (c-~%~ ~ ~ .- ,A. ~R • I 1 i~ 1 ' _ , • ~C~`- ria~! aiw ~ I IT~ Yrt 4 ' I ~I /~ I' I ~ ~ I~ S I 5650 ~ ~~ I ~I V ~~ Y . -, `/ ~ iss aim i O O ~ ', \ ' n U ~/~ ~ ~~ •• -r ~\ I ~~°~ • ~ T 9, ~.. ~~'~~/ ~" ,,~.`:'_ __ w . ~iC iTY OF CHULA .VISTA t f.~RANDY~ /N~ 1 •. ,~ ~ 1 ~ .- O r~ Y 1/~I L 1 ~-Y APO r~ ,o 1 ~I~/NF~ ~ Troy i ~~ .C~ ~ s ~, Rit1`ESS I~ I, I ~ ' , "~ ' ~ t 1 -~ ~~ ~ 1j till Nt 5 ~ I ~ ~ I I I I I t ~I r-~ I I I I AP 57,29 ~ --•----li i • ~ I ~I. 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