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HomeMy WebLinkAboutReso 1967-4538Form No. 342 RESOLUTION NO. 4538 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SPRING VALLEY SANITATION DISTRICT FOR REIMBURSEMENT OF AND AUTHORIZINPG THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and Spring Valley Sanitation District for reimbursement of capacity fees dated the 5th day of September , 19 67 a copy of which 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 said City. Presented by ~,, .r! Ci'~' i Lane F. Cole, Director of Public Works Approved as to form by George D,~ Lindberg, City A ADO'~TFP A."""D FPPRCVBD by the CIT" COIIT'CIL of the CIT`r CP C'.S"LA S~T"1'E C ;?.FOn_'"IA, this _ 5th day of _ September , 167 ',: ~:~ the folk ~-in ~.~ote, r~-•.lt: 2.`" Councilr,er. Anderson, McCorquodale, McAllister, Sparling, Sylvester s-AYi:S: Councilmen None F`=':"T: Couacilne^ None ~~~a or of the itv of (..".-u `h.: to `~ FTT~ T L_ta~ u ~ cc..c:< ~~/ - ~Ci~ ~i~ 'Ctv Clerk ~TAi_ C'-~ CALiF~R:iIA i C'_1R' l?F CHULA VISTA ) ~ "^FP'EI'II_ '. CA`.`.?'RFLL, City Clerk of t`.e City of Chula ".'i:,ta, ralirrr:`:a., PO FiY%PY CF~9TIFY that the above and foregoing is a full, true and correct coa-: n1 ar_d that the same has not bee^. a:-.~?~ded or regaled. ~`AT~ I' City C1er=. 71 _UG'2~ ~OU,'VTYry©= cqr D,EGO CO«Tt ~r~~ W - N0, 39Gg-2125-~~' R84 - a~u~, i - x in each I~mmumcat, ~ rega au gVthis convact AGREEMENT FOR REIMBURSEMENT OF PROPORTIONATE SHARE OF PAST CAPACITY FEES AND FOR PAYMENT OF PROPORTIONATE SHARE OF ANNUAL CAPACITY FEES - ROBINHOOD HOMES, INC. ANNEXATION SERVICE AREA THIS AGREEMENT made and entered into this ,;~3 ~"`-~ day of c ~,-~,(i~, 1967, by and between the SPRING VALLEY SANITATION DISTRICT, hereinafter referred to as the "District", and the CITY OF CHULA VISTA, hereinafter referred to as "Chula Vista", W I T N E S S E T H: WHEREAS, on January 3, 1962, Chula Vista adopted that certain Resolution No. 27+7 relative to the construction by the District of the Spring Valley Sanitation District Outfall Sewer to run generally from Spring Valley to a point in the vicinity of Montgomery Freeway for connection to the then proposed Metropolitan Sewerage System to be r~tanstructed by the City of San Diego, all as shown on that certain drawing entitled "Engineering Division, Department of Public Works, County of San Diego, Spring Valley Sanitation District Out- fall Sewer", dated May 16, 1861, on file with Chula Vista, whey°eS.n such resolution Chula Vista formally consented to the construction, operation and maintenance by the District of the Outfall Sewer as shown on said drawing dated May 16, 1961, within the incorporated territory of Chula Vista, subject to certain conditions therein expressly provided; and WHEREAS, the condition set forth ira Section 2 (b) thereof pro•- vides: "(b) That Spring Valley Sanitation District shall not permit the Outfall Sewer to be used to serve the area ~-y53~ within the Sweetwater River drainage basin designated as Area Two on base map showing sewerage study area and study zones contained in a report on collection, treat- ment and disposal of sewage and industrial waste, Chula Vista, California, dated April 15, 1959, prepared by Engineering-Science, Inc., unless said area has been annexed to the City of Chula Vista or is a part of a municipal corporation, public agency or district that has acquired from the City of Chula Vista capacity rights in the Metropolitan Sewerage System."; and WHEREAS, on February 13, 1962, the District, as Item No. 128, adopted a resolution (Document No. 314199) whereby the District expressly agreed that the proposed Spring Valley Sanitation District Outfall Sewer would not be used to serve any portion of the Sweet- water River drainage basin designated as "Area Two" on that certain map showing sewerage study areas and study zones contained in a report on collection, treatment and disposal of sewage and indus- trial waste in the Chula Vista area dated April 15, 1958, prepared by Engineering Science, Inc., a copy of which is on file in the office of the Clerk of the City of Chula Vista, and which said base map is expressly referred to and incorporated herein, unless such area has become a 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, it was therein provided, understood and agreed that Chula Vista would sell its capacity rights in the San Diego Metropolitan Sewerage System for such area to be served to any other municipal corporation, public agency or district that annexes and includes such area, the sales price for such capacity rights to be the cost thereof to Chula Vista, plus 10 percent; and WHEREAS, certain territory designated "Robinhood Homes, Inc. Annexation Service Area", as depicted on Exhibit A hereto attached, is proposed to be annexed to the District, and it is intended that said area shall now be served by the District; and WHEREAS, the territory included within said "Robinhood Homes, Inc. Annexation Service Area" was included within said Area Two for which Chula Vista had purchased capacity rights in the San Diego Metropolitan Sewerage System; and WHEREAS, under the aforesaid consent agreements it was agreed that such area was not to be served by the District unless and until the District purchased from Chula Vista pro rata capacity rights as to such area to be served; and WHEREAS, the parties hereto have mutually agreed that since the flows are of such small magnitude in regard to said "Robinhood Homes, Inc. Annexation Service Area°7 that it is not feasible at this time to amend the agreement between Chula Vista and the City of San Diego to e#'fectuate the transfer of capaoity rights, but rather that Chula Vista shall continue to pay all fees and charges for such capacity rights directly to the City of San Diego and enter into this agree- ment to provide for reimbursement by the District to Chula Vista of a proportionate share of the capacity fees heretofore paid by Chula Vista to the City of San Diego for the area included within said nJ_ ~-U5~ "Robinhood Homes, Inc. Annexation Service Area", commencing with the year 1964, and to also provide for the payment of a fixed annual fee, representing an annual .reimbursement to Chula Vista of a pro rata share of future capacity fees paid by Chula Vista for said area, NOW THEREFORE THE PARTIES HERETO AGREE as followso SECTION 1. CONSENT TO ANNEXATION AND SERVICE OF "ROBINHOOD HOMES, INC, ANNEXATION SERVICE AREA." Chula Vista hereby consents to the annexation of and inclusion within the District of that certain area designated and delineated 11Robinhood Homes, Inc. Annexation Service Area" on Exhibit A hereto attached and by refer- ence incorporated herein and the providing of sewer service to said area by the bistrict. Section 2. REIMBURSEMENT OF PRO RATA SHARE FOR CAPACITY CHARGE PAID BY CHULA VISTA, The District hereby agrees to pay to Chula Vista not later than ninety days after the effective date of the annexation of the area delineated and depicted on Exhibit A to the District, Eight Hundred Sixty-Eight and 18/100 Dollars ($868.18) as and for full reimbursement to Chula Vista for any and all sums heretofore paid by Chula Vista for capacity rights in and to the San Diego Metropolitan Sewerage System for the entire area included within the "Robinhood Homes, Ino. Annexation Service Area" as reflected and designated on Exhibit A hereto attached and upon payment thereof Chula Vista shall be entitled to no further sums whatsoever for past payments for capacity rights as to such area. _4_ ~P-4538 Section 3. REIMBURSEMENT OF PRO RATA SHARE OF FUTURE ANNUAL .CAPACITY CHARGE, The District agrees to reimburse to Chula Vista annually on or before March 15 of each fiscal year, commencing with March 15 of the 1967-1868 fiscal year, the sum of Fourteen Dollars ($14) per acre per year for each acre included within the "Robinhood Homes, Inc. Annexation Service Area" as reflected on Exhibit A hereto. Each acre of land therein included shall be deemed to generate a flow of 1,155 gpd per acre. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed on the date first above written by their respective officials pursuant to the resolution adopted by the Board pf Directors of the Spring Valley Sanitation District dated ;Fz~~s /i'6 ~ , and Resolution No, adopted by the City Council of the City of Chula .Vista dated __7_~.. ~7 GT• CITY OF CHULA VISTA ' ~ .62~~ef4~~ SPRING VALLEY SANITATION DISTRICT B ~, .~.. C i of t oard o i~tors -.,.;. Approv/e~d~a's to form and legality this (O ""' day of , 196 orney of the APPROVED RY TNF cfsT^~cT e^.~RD cE DiPecroRs ^',T 2 31967E _S Cit of Chula Vista ~}-/~ RWW:DBL -5- I~-453a ~\ a r ij, ~ i ~~ J !. ~~ ~~ ~9~~~ ~/ ~~, P/~,~' c~ ~Q' ~ ~~. , , ~,%~ ~ ~- ~ ~ i of Ate. ~i~ i ~ ti~~ tea. r, A ~~~' b\`CD~ ~~~ C` ~~ ~; r+ G,H4-~~"~~C~ y ,,moo,. 3 ~o~ ~ 05,E d' ~~v , ~ ~ ~®0~3 ~~ /'~~1~ ~~ ,p 5. ~ ~!~ ~~. 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