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HomeMy WebLinkAboutReso 1971-6275i ~.~ RESOLUTION N0.~,7~~__^ RESOLUTION OF THE CITY CGDi~iCIL CF '1~I3E CITY OF CHULA Vl:~'I'A APPRUVI?4C--. THE SIXT"ti A;'~1E NDMLNT TO AGP.EEI`IENT BETWEEN "I'.II~, CITY O~' CHULA VISTA, CITY OF SAN DIEGO, THI; T~ZONTGOMER.S' SANITATION T)ISTRICT ALiD THE COUNTY OF SAI7 DIEGU FOR TiIE CONSTRUCTION, OPERATIOT~ Ai~D USE Ors SIB'--rERS, AND AUTHOI-:RING TI:E DIFYOR TO EXECUTE SAID AGREET~iEN'1' The City Council. of the City of Chula Vista does hereby resolve as follows: NCW, TF?ER~FOF.E, BE IT RESOLVED that that certain Sixth Arnend- :nent to the Aa.reer~~ent between the City of Chula Vista, City of San Diego, the Montgomery Sanitation District anci the County of San i~iego, for the construction, operation and use of sewers, dated the %31•d day of Noaen~~uer , 1.971_, a copy of ~*hich is attacliecA hereto and incorporated herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City cf Chula Vista be, and he is hereby authorized and directed to execute said Sixth Amendment for and on behalf of the City of Chula Vista. Presented by Appzaved as to form by Lane F. Cole, Director of Geo~ rqe ~. Lindberg, City Attorney Public Works ADOPTED AND APPROV~~D by the CITY COUNCIL of the CITY Or CHULA VISTA, CALIFORNIA, this ?%i'd day of.- Nove:a}~ex ,_ , 197? , by th.e following vote, to-wit: AYES: Councilmen NAYES: Councilmen Scott, Hamilton, Hydo, Egdahl None ABSETv'T : Councilmen IIobel ~i ) / ;C ` City Clerk ~~ S`1'ATE Ot? CALIFORNIA ) COUNTS' OF SP_N DIi?GO ) ss. CITY OF CHULA VISTA ) ~/ ~~ ~ ,~ Maycr_ of the City o~ Chula ~~.sta~~ I ~ ____, C,i+..y Clerk of the City of Cl:u1a Vista, California, DO HEREBY CERTIF` that the above i~ a. full, tri..e and correct copy of Resolution Nb2?5 __, and. that tine :; ame has na t_ ;.peen amended or repealed. DATED _, ~ _^_. _ C~.tv Clerk-~- SIXTIi AriEND2•iI:NT TO 11GREE:.IENT Ar10NG THE CITY OF CHULA VISTA, 'I::E CITY OF SAN DIEGO, THE r10N7'GOMEi2Y SANITATION DISTRICT, AND `THE COUNTY OF SAi~ DIEGO FOR T}iE CONSTKUCTION, OPEF,ATI0:1 AND USE Or SEWERS THIS SIXTH AidENDMENT executed this 23rd _ day of November , 1971, by and among the CITY OF SAN DIEGO, a municipal corporation, hereinafter called "San Diego", the CITY OZi' CHULA VISTA, a municipal corporation, hereinafter called "Chula Vista", the MONTGOMERY SANITATION DISTRICT, a county sanitation district, hereinafter called the "District", and the COIJi1TY 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 Uisf:rict, and the County entered into an agreement entitled "AGREEMENT BETta1EP1 THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGC, THE MONTGOP~lERY SANITATION DISTRICT AND THE COUNTY OF ShtJ DIEGO FOR THE COIISTRUCTION, OPERATION AND USE OF SEFdERS" relating to the construction, maintenance and operation of • the District`s Sewer Systean 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 cf sewage into the District's ., =:t•:er System for trar~spor_taticn to and disposal by the Dietropolitan System; the service of District Service Areas _. -1~~;_} A and B by a connection to and discharge of sewage into Chula Vista's Sewer System, 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, J.967 the parties herein amended the agreement by executing the Second lunendment 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 k' . 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, D~Ate Street3 Faiver Street and Future construction project as delineated on Mats and table marked Exhibit I. 6. On February 16, 1971 the parties herein amended the ..2 ~~ ~~ '- ::~ - agreement by executing a Fifth Amendment to Agreement to .mend Section 10 to reflect a higher service charge. 7. The parties hereto have determined that an additional area to which service will be made available should be added to the area row designated Chula Vista Service Azea III as delineated on a map attached hereto and marked Exhibit J. 8'. The parties hereto have determined that an additional area to which service will be made available should be added to the area now designated Chula Vista Service Area IV as delineated on a map attached aereto and marked Exhibit K. NOW THEP,EFORE, the parties hereto agree as follows: 1. The maps marked Exhibits J and K 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 one additional area of Chula Vista Service Area III and one additional area of Chula Vista Service Area IV 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 P.rea III as delineated on Exhibit A and Chula Vista Service Area IV as delineated on I_:hibit A shall be deemed to refer to and include the additional area of Chula Vista Service Area III as delineated on Exhibit ~T --3- _-f ,~ and the additional area of Chula Vista Service Area IV as delineated on Exhibit K. 2. All other portions of the original Agreement and Amendments thereto shall continue iri full force and effect ~• except as modified. m Approved as to form and legality this day of , 1971. Cit~'T y l~ttorney or t e City o San Diego Approved as to form and legality this Ljv;~ day of o,1e,M e , 1971. ~~~.~~, City Ats'rsr_ney ror tFie CiL-y o~~~ Chula Vista Approved as to form this day of ~ ; 1971. ROBERT G. BERREY, County Counsel By Deputy THE CITY OF SAN DIEGO By CITI' OF Cf-IULA VISTA 4-. - ~ ,~ BY ~l~ ' MONTGOMERY SANITATION DIS ~ FtI~.•i By -.---- -.--r--~-.--- Chairman, Boaroot Di:-ec~ors COUNTY OF SAN DIEGO By C airman, Boar of Sup~r- viscr ~ ,; is , . ~'t~~`~~i~ C)~ %/ c)~ ~~i-,c~ r[~o;~~ ;_.~,;;~~[,cr~~~~ s,a~~, i i ,~~:~~M~ a~~~ l~~s~~~ Fti c~r _ .,., ,~ 1 E~1 ~-l~ C`~:FOI~D S~ff~~rT ~~..:~ if lTl~li~(~if ......~..T...,.... _ ~ ~., . .._. i °0~~-~ N 7.°21~I5~~ 132t3.t7~ I [ - I . [ I i ~ , . 1 1 ~_ !~, 0 L w _J O •.... ... .. l i ~1 W 47 j 'ji w~ ~_ ~ U. C[ ~ -,,~ . F.A.t. 805 FRS[ :" ; f R/~:~ R~+~d ,. ~ ~ ~ lam. 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