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HomeMy WebLinkAboutReso 1968-4642FoYm'Noe 3~2~ Rev- 8-67 RESOLUTION NO~ 4642 RESOLUTION OF THE CITY COUNCIL OF THE CI'T'Y' OF CHULA VISTA APPROVING AGREEMENT BETWEEN 'THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT FOR PAYMENT OF PAST AND FUTURE ANNUAL CAPACITY FEES FOR THE EDGEMERE SERVICE AREA AND AUTHORIZING 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 m~nicipa.l corporation, and the Spring Valley Sanitation District for reimbursement of proportionate share of past capacity fees and for payment of proportionate share of annual capacity fees for the Edgemere service area dated the !y- y~ day of J~.d,r~.c<~~y , 19 6 ~ , a copy of which is attached hereto and incorporated erein, 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 Approved as to form by ~~ La e F. Co e, Direct o Pu is eorge in erg,. i Works y ey ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTAF CALIFORNIA, this 2nd day of January 1968 by the following vote, to-wit: AYES : Councilmen! Spar~.ing, McCorquodale, Anderson, Sylvester, McAllister NAYES: Councilmen None ABSEN"I': Councilmen None ,~~ ' ~ r ~ ~' _ ,~ Mayor of t e ~ t~y° of Chula V~ata ,,// / / `' AT'I'ES T k_ ..~_ ~..z <. < ~' -fir (kt =< ::G~ ~/' pity Clerk STA'T'E OF CALIFORNIA COUNTY OF SAh' DIEGO ~ ss n CI'T'Y OF CHULA VTSTA j r ~, , 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 repealedF DATED AGREEi~iENT FOR R~EITBURSET~IENT Oi+ PROPCR~'IONA`I'E SHARE OF PAST Cr~PACIlY FEES AND FOR PAYi~1Eid'T OF PROPORTIONATE SHP_RE OF ANNUAL CA.PA%ITY FEES - EDGEI'-iERE SERVICE AREA THIS AGREEUE~iT made and entered .into this ,`; -day of ~~n'~~,it!`'Z/; , 196 ~~, by and betv.~een the SPRING VALLEY SAi1ITATION ;DISTRIC~hereinafter referred to as the "District," and the CIlY 'I OF CHULA VTSTA, hereinafter• referred to as "Chula Vista," W I T iii E S S E T II: ~,~iHEREAS, on January 3, 1962, Chula Vista adopted that certain Resclution No. 27it7 relative to the construction by the District of tY:e Spring Valley Sanitation District Outfall Sewer to run generally from Spring Valley to a point in the vicinity of hZontgomery Freeway for connection to the then broposed Ifetropolita.n Se~~rerage System to be constructed by the City of San Diego, all as shorn on that certain drawing entitled `'Engineering Division, Department of Public <<lorks, County of San Diego, Serino Valley Sanitation District Cutfall Sec~rer," dated I-Zay 16, 1961, on file y~ri.th Chula Vista, wherein such resolution Chula Vista for;rially consented to the construction, operation a.nd_ maintenance by the Distri ct of the Outfall Sevier as shoTrm on said dravring dated P~Tay 1a, 1961, within the incorporated territory of Chula Vista., subject to certain conditions therein exnressl.~a pro~,rided; and LdHEREA.S, the condition set forth in Section 2 (b) thereof prOVldeS: "(b; That SnrinM Valley Sanitation District shall not ner~~~it the Outfall Sewer to be used to serve the area ~~ ~~ tivithin the Sweetwater River drainage basin designated as Area Two on base map shoving sewerage study area and and study zones contained in a report ors collection, treatment and dispasal of sevaage and industrial`~tivaste. Chula Vista, California, dated April 15, 1959, prepar.•ed 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 dist~`•ict that has acquired from the City of Chu7_a Vista. capacity rights in the n~Zetropolitan Setiverage .• System.'' ; ~~Ig~EREAS, on rebruary 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 Se~;aer would not be used to serve any portion of the S.weettwater River drainage basin designated as "Area Tcro',' on that certain main showing, sewerage 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 April 15, 1959, prepared by Engineering Scier-ce, Inc., a copy of which ~is on file in the office of the Clerk cf the City of Chula Vista, and tivhich said base map is expressly referred to a.nd incorporated herein, unless such area has beco,,~e a Dart cf so~.e municipal eorporatiorl, public agency or district that has acGUired from Criula Vista capacity rights in the San Diego A~etropolitan Sever•age System for such area,. or Chula Vista has otherr•;ise consented thereto; provided, however, it was therein _z- ~- ~ll~ ~F~. provided, understood and agreed that Chula Vista vrould sell its capacity rights in the San Diego P~~etropolitan Se~~rerage 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- ~drEREAS, certain territory designated "Edgemere Service Area,'' as depicted on Exhibit A hereto attached, is proposed to be served by the District;"and __ ~rIHEREAS, the territory included erithin said "Edgemere Service ,~ Area" is included. .~~ithin said Area T~h~o for Vrhich Chula Vista has purchased capacity rights in the San Diego T~ietropolitan Sewerage System; and GdREREAS, under the aforesaid consent agreements it was agreed that such area ziras not to be served by the District unless and unit the District purchased from Chula Vista pro rata capacity rights as to such area to be served and Chula Vista has consented to the servicing of such area; and `•.:-~EREAS, the parties hereto have mutually agreed that since the flo~~rs are of such small magnitude in regard to said "Edgemere Service Area" that it is not feasible at this time to amend the agree~:~ent bet~~reen Chula Vista and the City of Sa_n Diego to effectuate the transfer of capacity rights, but rather that China Vista shall continue to papa ail fees and charges for such capacity rights directly to the City of San Diego anti enter into this agreement to provide for reimbursement by the District to Chula V"ista of a proportionate share of the capacity fees heretofore paid b;• Chula Vista. to the City of Sari Diego for the area ino•luded ~- ~~~~ -~- within said "Edgemere Service Area," commencing with the year 196!t, 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, NO`v~1 THEREFORE THE PARTIES HERETO AGREE as follows: Section 1. COVSEiVT TO SERVICE Or "EDGEI=1ERE~SERVICE AREA." Chula Vista hereby expressly consents to the District's providing sewer service to that certain area designated and delineated ,,- "Edgemere Service -Area" on Exhibit A hereto attached and by reference incorporated herein. Section 2. RE IP~tBURSEi~7EP1T OF PRO RATA SNARE FOR CAPACITY CHARGE PAID BY CHULA VISTA. The District hereby agrees to pay to Chula Vista not later than ninety days after connection of a sec~rer service connection to serve .any parcel of land included within the area designated and depicted "Edgemere Service Area" on Exhibit A hereto attached the follo~,;ing fee: A. Forty-five dollars ($45) per acre, or pro rata part thereof, -for each acre or Hart thereof, that is connected to a District surer line prior to February 1, 1968. Said fey shall increase fourteen dollars (W14) per acre each year thereafter effective February 1 of each succeeding year commencing February 1, 1968. PayTr:ent of said fee shall be as ar.d for full reimbursement to Chula Vista for a oro rata share of any and all sums heretofore paid by Chula Vista as to said parcel for ti~:hich said fee is paid for capacity rights in and to the San .Diego ?-fietropolitan SeT,~rerage ~. ~;~~ . - f ~' -4- System for the entire. area included within the "Edgemere Service Area'.' as reflected and designated on Exhibit A hereto attached and upon payment thereof Chula Vista shall be entitled to no further sums wYiatsoever for past payments for capacity rights as to such Marcel connected. Section 3. ~'~EI1~iBURSEi'~!Ei~dT OF PRO RATA SHARE OF FUTURE ANI~IUAL CAPACITY CHARGE. In additicn to the fees referred to in Section 2 above, the District agrees to reimburse to C'rula Vista annually on or before February 1 of each fiscal year, commencing with February 1 of the 1967- 1968 fiscal year.; the sum of fourteen. dollars ($14) per acre per year for each acre included vaithin the ''Edgemere Service Area" as r. ef'lected on ~}:hibit A hereto attached ~ahich is then connected to and being .served by any District sewer line. IN ~^]IINESS 4~JHEREO~~', the parties hereto have caused this agree- ment to be executed on the date first above written by their respective offici2.ls pursuant to the resolution ado?~ted by the Board cf Directors of the Spring Valley Sanitation District dated and Resolution No. 4642 adopted by the City Counci 1 of the City of Chula Vista dated __ January 2, 1968 CITY CF .CHULA VISTA SPRING VALLEY SAI.1IlATIOI•T DISTR~_CT _ ,- / , / ` i ~ ;~ ~//-;' Cha~lman o~~the Board of director A;;~proved as to form and le`ality ~~ this ~~day of / ~_ ty Attorney ~ - of the ~.lty Of Cr'i1,11a tir1S.c~. i~'vl`.~~1: DBL ~ -5- APPROVED BY THE DlST".ACT EOARD OF DIRECTORS _~ a'a ~ ~ 1'68 -~ / ~~;y? ASSESSMENT D! A 6 R A k ~^ :~ [hat p. operiT ied or Beneii ied by the c - -- and appu rcenancas in Improven<nt Act, uni ncerpora tee Aret of the County of San Diego, Area No. IBO, LIYCOLM ACRES, net~I, leu ted w!thln Due rte• Sectf ons 1C8, 1095,176, 127~r134 end Ij9 of Rancho de la Nacl on, In the Cwnty of San DI eq0, State of Cell fornla, a ordl ng t o thereof Me. 166 fl lad In the Offlce of the Can [y Retort<~ of [he County of San Di ego, State of Call fornl s, a e partl cu lady dose rl bed In the Reselutlon of Inton tl ontadocted on [Me Itch day of January, 1y66, a-d a shw+r. o 'Map of Assessmeni Dl of rl c[" fl led In the Offl ce o! [he Clerk of [ha Board of $uDerv!sors of Bald County, as Document No. 36b662 and on "Map Of Asses.sxnt Dl s[rl ci", recorded as Document Yo. 209740 on the 15th day of kovanb<r, 1965. 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