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HomeMy WebLinkAboutReso 1952-1330RESOLUTION NO. 1330; ~ESOLUTI01~1 N0. 13__S~___ RESOLUTR~? OF THE CITY COUNCIL OF THE CITY OP CHUhit'VISTA APPROVING SUPPLEMENTAL WATER AGEDICY AGR~EhIENT THE CI`PY COUPIC7:L OF THE CI`1'Y OF CHIILA VISTA, DOES HEREBY RESOLVE AS I'OLLOtiiS: SECTION 1. That certain agreement, entitled "Supplemental Agreement,f~ a copy of which is attached hereto and by this reference incorporated herein betvreen the City of Chula Vista, the South Bay Irrigation District, and the California Vlater & Telephone Company is hereby a~~proved, and the Mayor and L'ity Clerk of the City of Chula Vista are hereby authorized and directed to execute the same for and on behalf of the City of Chula Vista. SECTION 2. That Resolution No. 1317 of the City of Chula Vista, passed and adopted April $th, 1952, is hereby withdrawn and superceded by this Resolution. i,DOPTED ~1ND A'i'ROVD by the City Council of the City of Chula Vista, Cali:f:'ornia this lOtl~Iay of June, 1952, by the follow- ing vote, to-wit: AYES: COUfdC1LNiEN EI_obel~ Lo-.~an~Nalfer, ty• kiesland ___ DIAYS: COUI1CILl~LEN PJone --.__._-- -__.__._.-_._. _ ABSEPIT: COUNCIt,i~IEN Del+ol£e __-___-__ __.___--.-- Mayor o the City of Chula 'sta ATTES'P: C~y Clerk STA'PE OF CALK+'ORi~IIA ) COUN`L'Y OF SAN DIEGO) ss. Cl~'Y OP' CINLA VISTA) I, KL'i~INETH P. CAi~liBF3LL, City Clerk of the City of Chula Vista, Ca1i~'ornia, DO N 13F.BY CERTIFY that the above and foregoing is a full, true and correct copy of esolution No. , and that the same has not been amended or repealed. DATED: June __ `,1952• City Clerk mown, NO+ R.P4SedaTION Or OE BOARD 61' =MOTORS SOINif BAY 113RIGATION DISTRICT, ,, AtiTECOIsZ110 AND DMT T '� +A DEO - ARV TO EXECOTB C Ac w T 01Zr CAA VISTA A TER CAIIPOREIA yoga AND TELSPRONE 0, YA' The Board. a tareotore or the South Bay motion • District does hereb7 resolve as Ao ow : (i.) That c e r t a i n n , entitled "Supplemental , ► s.Fra,c, , ,"t UV and. between the City of Chula nark,, the California Water and Telephone 001Varky and the South Bay irrigation, DiAttrict, a copy or doh is attached Vito and by this 'tee irmerporated herein a though the sane were fully 3eti forthz, in hereby approved, and the president and the Georetesoy of the South Bay ligation tit are We authoriged, I.nOtructed directed to execu,te t Same fer anti ati .x bat of the South BaY tton Dint PASSED AND ADDED '4. the Board of motors of South w . Itirigation DiatriOt this #tai day of akine,, 1952, by the foil --- A : -- t ; --___- zr,IP//.7 • Attest s / • -- •9• C• CERTIFICATE OF SECRETARY I, Walter L. Steele, secretary of .the South Bay . Irrigation District. hereby certify that the foregoing is a full, true and correct copy of the resolution adopted by the Board of Directors of the South Bay Irrigation District at its meeting held on the 4th day of June, 1952. � . . . • •oc. e ary S U P P L E M E PS T A L A G R E E M E N T THI5 AGREEPQENT, made and entered into this 10th day Uf ,Tunr~,__ , 1952, by and between the vCITY OF CHULA VISTA, a municipal corporation organized and existing under and by virtue of the lags of the State of California, herein- after referred to as the "City", the 30UTH BAY IRRIGATIOPd DISTRIC~i', an irrigation dietrlct organized and existing under and by virtue of the lAW9 of the State of California, herein- after referred to as "South Bay", and CALSFORNTA PJATER & TELEPHONE COPdPANY, a corporation organized and existing under the laws of the State of California, hereinafter referred to as "Company'"; W I T N E 8 S~ T H: WHERF~AS, under date of the 20th day of February, 1952, the parties hereto entered into a written agreement r~rnviding in substance Por the distribution of Colorado River water by the Company as Lhe agent either of the City or South Bay; anti WHEREAS, subsecPuently under date of the 18th day of March, 1952, the Company entered into a similar contract with the City of National City; and WHEREAS, the parties hereto are muY.ually agreed that the concurrent existence of the two contracts above mentioned makes it desirable that certain provisions of said contract dated February ?_0, 195?, be clarified and that said latter contract likewise be modified in the respects hereinafter mentioned. to acrord with the mutual intent of the contracting parties at the time that said contract taas entered into; and. WHEREAS, an election was held within the bound.rr~i~s of the South Bay Irrigation District, and concurrently there- with an election was held within the boundaries of the City +`~ ~ ril 1952, at which said of Chula Vista on the day of Ap , elections it was submitted to the voters of the South Bay _1- Irrigation District the proposition a.s to whether they should annex to the San Diego County Water Authority and to The Metropolitan Water District of Southern California, and at the concurrent election held within the boundaries of the City of Chula Vista, there was submitted the proposi- tion as to whether the City of Chula Vista should withdraw from the San Die~~o County Water Authority as a separate unit, conditioned upon the annexation of South Hay Irriba.tion Dis- trict; which said propositions received a majority of the votes of the electors voting at said election; and WHERE_4S, it is contemplated that within the near future all necessary further steps to accomplish the final annexation of South Bay and withdrawal of City will be completed; NOW, THEREFORE, it is agreed as follows: 1. That the term 1°water delivered to Company by said Water Authority1° appearing on the last line of page 4 and the first line of page 5 of said contract shal_1 include all crater delivered to Company by said Water Authority, whether pursuant to said agreement dated February 20, 1952, or pursuant to said agreement dated March 18, 1952, between the Company and the City of National City, or otherwise. 2, That the standby charge payable under the terms of said contract dated February 20, 1952, for the period from February 24, 1952, to and including June 30, 1952, shall be an amount equivalent to one-third (1/3) of what the standby chc~.rge payable by the Company under the terms of said contract iaould have been for the full fiscal year from July 1, 1951 to June 30, 1952, had said contract been 2n force and effect during said fiscal year and had the quantity of mater, s.s above defined, delivered to Company during said period from February 24,'1952 to and including June 30, 1952, been three (3 )'"times the quantity actually so delivered, such payment to be made by Company on or before July 31, 1952. - 2- 3, That in the event that said contract dated February 20, 1952 should be terminated pursuant to the pro- visions of paragraph 11 thereof at any time other than the date of expiration of a fiscal year, then in determining the standby chs~.rge payable by the Company for the elapsed portion of the fiscal year in which such termination occurs, the amount of water delivered by said Water Authority to Company, as above defined, shall be deemed to be an amount equal to the total deliveries that would have been made during the entire fiscal year if such deliveries continued at the same average rate as the aggregate deliveries actually made to Company during the elapsed portion of said fiscal year. 4, The payments required to be made by the Company to the City and/or South Bay, under the terms of that cer- lain agreement dated- the 20th day of February, 1952, shall be made by the Company to the City and/or uouth Bay as follows: (a) The payment due by the Company on or before July 31, 1952, shall be paid by the Company to South Bay; (b) The payment due by the Company on or before `,`, December 1, 1.952, shall be paid by the Company to the City; (c} The payment due by the Company on or before April 1, 1953, shall be paid by the Company to the City; (d) A11 payments due by the Company thereafter shall be paid to South Bay; (e) Provided, however, that no payments sha_l7. be made to South Bay until it has become fully and completely annexed to the San Diego County Water Authority and to The Metropolitan Water District of Southern California, In the event that all steps necessary for the completion of the ~ annexation of South Bay to theSan Diego County Water Auth- ority and to The Metropolitan Water District of Southern California have not been completed on or before July 31, 1952, the Company shall withhold payment thereof until a.ll such said steps have been completed unless said steps have -3- not been comrleted on or before December 1st, 1953, then payment of said svm shall be made by the. Company to the Citg. 5, City agrees to make all payments due The Metropolitan water District of Southern California by reason of its declaration of intention filed with the Metropolitan Water District of Southern California in December, 1951. IN WTTNES5 WHEREOF, on the day and year first hereinabove written, the Company and South Bay have caused these presents to be executed by their respective officers thereunto duly authorized, and their corporate seals to be hereunto affixed; and the City has caused these presents to be executed by its Mayor and attested by its Clty Clerk pur- suant to a resolution legally and duly adopted by the Council of said City, CITY OF CHULA VISjTA Bys:.- ~'`~ SEAL Mayor Attest; City Clerk / SOUTH BAY TRRIGATION DISTRICT By ~~______ --~~ Sear e.tar-}~ t CALIFQRPIIA WATER~& TELEPHODTE COMPANY rf ~ f V ce President BY ~-s~~_-~- As stant Se, etary SP~AL) i+ - 4- LAW OFFICES JENNINGS, ENGSTRAND 8 HENRI KSON NNINGS 4690 NEDO DRIVE ENGSTRPN O,JR. ,nEN RlrcsoN LA MESA,CALIFORNIA HO nEInNO 6-0591 July 14 19~~'~ Albert C . Bo;~e-r Attorney at Law 293 Third Avenue Chula Vista California Dear Al: Re: A~enc contract Enclosed please f.-ind copy of letter from Claude N. Rosenberg which is self explanatory, and an executed copy of the sup1~lemental agency contract. Sincerely, /~ 1AUL D. ENGSTR.4ND, PDE/b Enc.