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HomeMy WebLinkAboutReso 1971-5975 RESOLUTION NO. 5975 RESOLUTION OF THE CITY COUNCIL'OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTRY CLUB FOR USE OF SEWER FACILITIES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain amended agreement between the City of Chula Vista and the San Diego Country Club"for the use of the sewer disposal facilities of the City of Chula Vista, dated the 9th day of March , 19 71 , a copy of which amended agreement is attached hereto 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 agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by AJ,~ ohn R. Thomson, :.Gh1iefc":' ''''''-f) Administrative Officer- . ----/ ~ " G~ Lindberg, Ci ty / , J-C:~ ~r Attorney ADOPTED AND APPROVED by the VISTA, CALIFORNIA, this 9th day of following vote, to-wit: CITY COUNCIL of the CITY OF CHULA March , 19~,. by the . AYES: Councilmen Scott, Hobel. Hamilton, Hyde. Egdahl NAYES: Councilmen None ABSENT: Councilmen None , ATTEST k~A.-'~ 0l/,;t;f/~ V -ity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) 5S. CITY OF CHULA VISTA ) Mayor 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CERTIFY that the above is a full, true and correct copy of Resolution No. ; and that the same has not been amended or repealed.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 e- " f lVe--6 L,." 11 P"'C'-_ 6~ j~~vl..~ I./,..d! fB,t/,,-if f...,....., /, ( ~? L. :::. '0'",': , .;. .It ~ ');~~! .,-~~":. ,t,' ".~.\ ~t<.o:.,S975 , 're.,' ,. "'i ~ " ..... 1'-1 . . ..~ ~r ."::~'" ,.. ~ '.'.-~ . .... . ", AMENDMENT TO SEWER CONNECTION AGREEMENT I'"~ \' " '. ~ ., , " ' f'!' ,..~f ';t... ,.'*' "'l.,.. , THIS "AGREEMENT, made and entered'into this 9th", , day 'of " March, " 1971; by and between the CITY 'OF, CHULA VISTA, : a muni'cipal corporation, 'hereinafter c'alled"ci ty" ,:'and 'the' SAN DIEGO COUNTRY, CLUB" ?- California: cO'rporation, hereinafter cal'led "Country Clubll ; ,(: '" <, .', ',' W; I' T WE S ,'SE T H . '.... ~ .. ,r. ~"t' , , WHEREAS, the 'City of Chula Vista'an~<the,San '[)iego Country ~lub 'have heretofore pursuant 'to the terms of ,that certain amended , .' agreeinent dated December ,23, :1969, . approved by',Re,solution No. 5478" adopted by the CitY,Council of the City ofChula'Vista on the 23rd 'day of December; 1969, entered into an agreement authorizing .the use of the sewer disposal. facilities' of t~e City of Chula V,ista, and '..' . '. , , WHEREAS', said "agreement was. for the ,time period, of January 1, 1970 to December 31~ 1970,',and" , ,'.., ' .- . ." ; . .' " ~. WHEREAS', the City of Chula Vista and the' San Diego'Country 'Club in: accordance ,with the.' te'rrils and conditiol).s,of'.sai,d,amended agree- ,ment wish to extend said agreement to and uritil the' 31st day of December, ,1971.' .. NOW.. THE'REFORE, in'con~ideration of the, premises and for other' '"good .and ,valuable, consideration,' 'recei'pt, ,of which, is 'hereby acknowledged" if'is mutually agreed by and between the parties hereto as follows: .. '., "'. . ! <"" '.: ~:-' : .' '.' -, . '. " . t: '.. .'_ . ..' I, " .,,' ,j 1. ,Tha,t",that,',certi3.in"amended,;agreement. dated',December, 23" 19,69 'be, and the same is hereby amended in respect ,to Articles 2 and 3, thereof as sho,wn on, page .1, thereof' and hi no other way,: as, follows: " j- . ',' 2 .,The term','of,'1:his Agreement shall'be for, ,a period of one (1) year,commen.cing on'the first day of January.., 1971, and terminating , on the ,31st' day of .Dece'mber, , 1971. It..is"fully understood and agr'eed .,by the parties hereto' that 'on 'said' date, of December 31, 1971, the' permission' gran'ted by this Agr'eerilent ,shall terminate a~ld all rights of Country Cl'ub to the 'con'tinued, use of th~'sewage '<:lisposal faci,l'i ties of "Ci ty for, the disposa'l of ,s'ewage from said premises owned by Country Club and not loc,ated within the 'corporate limi,ts of City shall cease unles's this Agreement, shall have been' renewed by 'mutual', consent of' the :: p'arties hereto." 'It is, further. llnderstood and agreed that Ci'ty'shall have the right, as of Dece'mber 31, 1971; ,to irrmiediately' and ,without further notice, disconnect the Country Club sewer lateral from the' s;ewage disp:osal facilities of City Ul!-le9s this Agr'eerilent sh?ll have been so renewed: 3'. Country' Club agrees to pay"to City,' as the annual fee for' the 'calendar y;ear 1971, the sum of TWO THOUSAND THREE HUNDRED'ONE,AND 21/100 DOLLARS ($2,301.21) cbncurn2nt~y with 'the ,execution 'of this Agreement. Said fee' is equivalent to the amount of tax'es fhat Country 'Club would haye paid to City. were said premises, .including land: building, fixtures and business equipment and ' personalty, 'annexed to, an? ,incorpor- :ated in'the City" plus,the equi~alent of, the utility us~rs, tax:~hich , would'be paid by Country Club if said Club' were annexed to and incorpor- ated in 'the City.', " .r'" ,', ,. " , :. \...~ 1: . .... ~ ,: .. 1 ~ ,,'. "n" ".,.J..' ,Jr..." , .. --- 1 " '.e" 'j' ... ',' .. ~ ~.~-'. . ",'-, 1 , . .~, \ .-' {. ~~.; . -to ~ .'-",; .J.. , . <:<~- 'J' ~ ::. -\ ' . .... ~'.Cj 1.11 'L/ 22 ~ 2-',/;9 ? '~[S,5C;7.5 . . ~. The fee is based upon assessed valuations:.provided by the Office of the ~ounty Ass~ssor of San Diegd'County for s~id Parcel, I, Page 4, Book 619~ as follows: Land Improvements Fixtures Statement secured' to property (b~siness eq~ipment, and personalty) TOTAL $12,220.00 51,480.00 2,396.00 20,651. 00 $86,747.00 " Applying the tax rate for the City of Chula Vista, being $1.50 per $100.00 o~ assessed valuation, 'which tax rate is in effect on January I, ,1971, said' annual fee ot $1,301.21 is derived. The utility users tax equivalent, is 'based upon the estimated increase from total utility bills of the Country Club in fiscal 1969-70 of $18,304.00 with an estimated increase to a total of $20,000.00. Utilizing the 5% utility users tax, the total tax for calendar year 1971 would be $1,000.00. '.' I ,IN WITNESS WHEREOF the parties h:ereto Agreement to be executed the day,and'yea~ first " . have caused this hereinabove, set forth. . , THE CITY OF CHULA VISTA <'SAN 'DIEGO COUNTRY CLUB,. , /~IJ~ Mayor . . , Approved as to form by , " eaves, P sident Approved as to form, by John J. Bryan, Attorney,for Country Club' , , , '0"' ,.. " (afA,w.,;e- ~:c.et 7 . ,. J/t; f1V1.crw...~-J<7",-/,t<i7t) 2 , " <!S3973