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Home My WebLink AboutReso 1972-6481RESOLUTION NO. 6481 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENT TO THE CHULA VISTA- SPRING VALLEY SANITATION DISTRICT AGREEP~IENT FOR REIMBURSEMENT AND PAYMENT OF CERTAIN FEES AS RELATED TO METROPOLITAN SEWAGE SYSTEM CAPACITY RIGHTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the Second Amendment to the agreement between the CITY OF CHULA VISTA, a municipal cor- poration, and the SPRING VALLEY SANITATION DISTRICT, for reimburse- ment and payment of certain fees as related to Metropolitan Sewage System capacity rights, dated the 20th day of June 1972, a copy of which is attached hereto and incorporated herein by reference as if set forth in full 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 agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ane F. Co e, Director Public George Lindberg, City Atto y Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th day of June 1972, by the following vote, to-wit: AYES : Councilmen Egdahl, Scott, Hobel, Hyde NAYES : Councilmen None ABSENT: Councilmen Hamilton ATTEST ~2-~22L ~,~ ity Clerk ~` ~~~~ Mayor of the City of hula Vista Pro Tempore STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS . CITY OF CHULA VISTA ) I~ , City Clerk Vista, California, DO HEREBY CERTIFY that the above and correct copy of Resolution No. and that been amended or repealed. DATED of the City of Chula is a full, true the same has not City Clerk SECO~JD !`,I~IEP:DPfL1iT TO l',GREEt~;ENT FOR REIt'~f3U;~SEt1ENT -a OF PROi'Of:TiO!1ATE Shi,~1RE OF PAST CAPACITY FEES AND FOR PAYIIFNT OF PROi'ORTIONATE SfiARE OF AN'JUAL CAPACITY FEES -BONITA GLEN, ET AL, ANNEXATIOP! SERVICE AREA THIS AGREEFIENT, made end entered into this 20th day of June , 1972, by and bett•;ecn the SPRING VALLEY SP~NITATION DISTRICT (hereinafter referred to as the "District") and~the CITY OF CHULA VISTA (hereinafter referred to as "Chula Vista"), IJITNESSETH; 1, t~JHEREAS, Chu 1 a V i sta has capacity r i ght s i n the filet ropo 1 i tan Se~•rerage System in excess of its current needs; and 2. IJHEREAS, Chula Vista can transfer capacity rights in the Metropolitan Sewerage System subject to the approval by the City of San Diego; and 3. IJHEP.EAS, Chula Vista on 13 Feb, 1g62, adopted a resolution, Item No, 128, Document ado. 3141gg, tvlierein it eras stated that the District expressly agreed that the then proposed Spring Valley Sanitation District Outfall Sewer would not be used to serve any portion of the Sweettirater River drainage basin designated as "Area Two`,' on that certain map shoring setiverage study areas and study zones contained in a report on collection, treatment and disposal of sewage and industrial waste in the Chula Vista area dated 1$ April 1959, prepared by Engineering Science, Inc., unless such area has become part of some municipal corporation, public agency or district that has acquired from Chula Vista capacity rights in the San Diego Metropolitan Sewerage System for such area, or Chula Vista has otherwise consented thereto, provided, however, that Chula Vista would be reimbursed for use of its capacity rights in the San Diego Metropolitan Sewer- age System in the amount of the colt to Chula Vista for such capacity rights plus ten percent (10%); and 4. bMEREAS, the flows from said Bonita Glen, Et Al, are of such small amount that it is not feasible to amend the agreement between the City of San Diego and Chula Vista in order to transfer capacity rights from Chula Vista to the District; and 5. 4.M EREAS, Chula Vista shalt continue to pay all fees and charges for the capacity rights for the area included trithin Bonita Glen, Et A1, Service Area, the sub- feet of this Agreement; end __._ . -~,, , .. ~. '~ ~ ' ~~. S~;fEREAS, the District shall reimburse Chula Vista to the extent that the District utilizes Chula Vist~:'s cap~3city rights for- 6onita Glen, Et Al Service Area so long as said area is :~~ithin the District; and 7. 1~lHEREAS, the District shall pay to Chula Vista a proportionate share of capacity fees paid by Chula Vista to the City of San Diego for the area included within the Bonita Glen, Et Al Service Area and to provide for tiie payment of the fixed annual fee representing the reimbursement to Chula Vista for a prorata share of future capacity fees paid by Chula Vista to the City of San Diego for said area; THE PARTIES HERETO AGREE as folloars: NOId THEREFORE 1. Chula Vista hereby consents to the annexation of and inclusion t•rithin thE: District of that certain area designated and delineated as Bonita Glen, Et Al Service Area as shown on Exhibit B attached hereto and made part hereof and by this reference incorporated herein, and the providing of sewer service to said area by the District. 2. The District has paid to Chula Vista on 21 May 1971, an agreed amount as lull reimbursement for any and all sums heretofore paid by Chula Vista for capacity -iglus in and to the San Diego Metropolitan Sewerage System for the entire area included yithin the Bonita Glen, Et A1, Service Area as reflected and designated on Exhibit B attached hereto. Chula Vista shall be entitled to no further sums whatsoever for past payment for capacity rights as to such area. 3. The District agrees to reimburse Chula Vista annually on or before 15 March ~f each fiscal year, the sum of Fourteen Dollars ($14.00) per acre per year for each acre :nd a prorata amount for any partial acre included within the Bonita Glen, Et Al, Service .rea as reflected on Exhibit 6 hereto attached. Provided, however that the payment covering hat period of time commencing 15 March 1971 and ending 15 March 1972, shall become due nd payable not later than 90 days after the effective date of this Agreement with all ubsequent annual payments becoming due and payable on 15th of March of each fiscal year. IN b1ITNESS I~hlEREOF, the parties hereto have caused this Agreement to be executed n the date first above ~rritten by their respective officials pursuant to the resolution adopted by the .Board of Directors of the Spring Valley Sanitation District dated June 2~, 1972 and Resolution No. 6481 City of Chula Vista dated June 20, 1972 adopted by the City Council of the CITY OF CNULA VISTA BY ~,~ UCH Mayor Pro Tempore~ SPRIPlG VALLEY ~SANITATIOPI DISTRICT By Chairman of the Board of Director Approved as to form and legality i 7,< ~ 1 th i s~'"day ..of ~, , l 972. ~, i ~ ~ ~ i~ City Attorney of the ~ City of Chula Vista -3- -~ ; /-~ i~._/ "~; l - ~ • ~~ (~ .i•1'' S •• 1 . ~ _ h `' a: ~`` ~~ t may, `~ r 1 -. ~• . r ~ _.. --- . --~ ~ ~_ j .~, •w•-.a~ cr a.•c.c t .• ..c~c• '1. ~ I, i ~L f~ ~' ,' v ' ~ " :. -~ ~ ~ ~~ i I ---;. ~ ~ ._~ • ~ ~ ~ I ~ - - ,~ -: _ 1 ~ ~. ,; -, ~, C ~. `V ~~ ~ ti V (~~,~\ Y y ~ Z v ~ 1 1 ~ - ~ \J , ~ - t ',j-- I --~•~ - t1. ~• ~i-:~Z -ice--~~ -;•. -'~ ~ -.~~!- ~-,..~..., -~- ___ ---}----- -- -'__ ~__, 1 ~ r __~~ I ;va/ .. ! ~ tj Q ~ ~ •~ •-11;7 ••. 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