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
~- ~~~~
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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
~. ~;~~
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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
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Asses.sxnt Dl s[rl ci", recorded as Document Yo. 209740 on the 15th day of kovanb<r, 1965. In the Offt ce of [h< County Re<oreer of sald County.
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BASIS Di BEARINGS:
The Sw iher `y 7I n- of Lincoln Acres Annez, Map No. I)4j,
fi !ed 7n the Offl ce eF the Coun [y Recorder O. son Di ego
County, 1, e. Yo rth 7C'j ' East.
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