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HomeMy WebLinkAboutReso 1969-5344RESOLUTION NO. 5344 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AMENDMENT TO JOINT FIRE PROTECTION AGREEMENT BETWEEN BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT AND 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 the Amendment to that certain Joint Fire Protection Agreement between Bonita-Sunnyside Fire Protection District and the City of Chula Vista approved by Resolution No. 3027 adopted by the City Council on February 13, 1963, a copy of which is attached hereto and made a part hereof by reference 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 to execute said Amended Agreement for and on behalf of the City of Chula Vista. Approved as to form by Officer ~ ~' George D. ndberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 26th day of August , 19 69 , by the following vote, to-wit: AYES : Councilmen Scott, Sylvester, Hamilton, McCorquodale NAYES; Councilmen None ABSENT: Councilmen McAllister r yor of he City of hula Vista r ~ ~-- Cit~?--Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Presented by AMENDMENT TO JOINT FIRE PROTECTION AGREEMENT BETWEEN BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT AND THE CITY OF CHULA VISTA `~~~/ ,~^~ THIS AMENDED AGREEMENT, made and entered into this C' ! day of -,.~.~_. ~~, 1969, by and between the City of Chula Vista, a munici al corporation, hereinafter referred to as "City", and the Bonita-Sunnyside Fire Protection District, a fire protection district organized in .accordance with the Fire Protection District Act of 1969, hereinafter referred to as "District"; W I T N E S S E T H WHEREAS, City and District, pursuant to the authorization of Section 6200 et seq of the California Government Code relating to the Joint Exercise of Power by public agencies, have heretofore, in accordance with Resolution No. 3027, approved by the City Council of the City of Chula Vista on February 13, 1963, entered into a Joint Powers Agreement. to furnish fire protection to all areas theretofore within the territory of the District, as well as presently annexed to the City, and to all areas which are presently within the District and which might thereafter be annexed to City, and WHEREAS, City did not then, and does not presently, have adequate equipment or facilities to conveniently service said areas which have been or will be annexed to the City, and WHEREAS, the continued annexation of territory by the City of Chula Vista within the areas served by the Bonita-Sunnyside Fire Protection District and any subsequent removal of said territories from said district area would detrimentally affect both the financial and physical capability of the Bonita-Sunnyside Fire Protection District to furnish fire protection to those territories located in the unin- corporated areas of the District, and WHEREAS, the City of Chula Vista and the Bonita-Sunnyside Fire Protection District wish to reaffirm the terms and conditions of said Joint Fire Protection Agreement, approved by Resolution No. 3027, and make such amendments thereto as will provide greater stability for the financial operation of the District; preserve physical integrity and contiguity; allow complete access and capability to all parts of the District service area; insure recognition and protection of the rights and status of the District personnel, and establish termination provisions consistent with the mutual needs and requirements of District and City, based upon increasing urbaniza- tion of the District area and changing concepts of fire protection, in order to insure the highest level of fire protection service for the District area. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Section 3, "Territory to be Furnished Fire Protec- tion", as set forth in said Resolution No. 3027 be, and the same is hereby amended to read as follows: Section 3. Territory to be Furnished Fire Protection. The District hereby agrees and undertakes to furnish, and the City agrees to accept, fire protection to all areas encompassed by the original description and boundaries of the Bonita-Sunnyside Fire Protection District without regard to whether or not any portion or portions of said area are presently annexed to the City of Chula Vista or may hereafter be annexed to the City of Chula Vista, and whether or not said annexed territories have been or may hereafter be withdrawn from the boundaries of the District. -1- -5~~~-f 2. That Section 7, "Payment to the District", as contained in said Resolution No 3027 be, and the same is hereby amended to read as follows: Section 7. Payment to the District. It is understood and agreed that the Bonita-Sunnyside Fire Protection District shall continue to levy taxes upon the properties located in the unincorporated area of the District in accordance with the tax rate adopted by the Board of Directors of the District, in an amount necessary to pro- vide the required level of service. The City of Chula Vista agrees to pay to the Bonita-Sunnyside Fire Protection District, as consideration for its performance of the covenants and agreements contained herein, an amount equal to that which said District would have received in taxes from the County of San Diego and which would have been levied for fire protection by the said District upon property withdrawn from the District subsequent to annexa- tion to the City of Chula Vista in the same manner as if said property were located in the unincorporated area, The effect of said arrangement is to insure that District will receive an amount equal to 100% of the taxes that would thus have been collected if the entire District territory were in the unincorporated area of the County and no part thereof had been annexed to the City of Chula .Vista and withdrawn from the District. Said payment by the City shall be made to the District on or about March 15th annually. Any territory annexed to the City and withdrawn from the District after the execution of this amendment shall be treated in like manner. 3, That Section 8, "Termination", as contained in Resolution No. 3027 be, and the same is hereby amended to read as follows: (a) It is the understanding and intent of the City and District that this Amended Joint Powers Agreement shall extend for a period of ten (10) years, unless terminated as provided herein, based upon an annual renewal term commencing on July 1, 1969, and automatically renewable on each July 1 thereafter for the extended period of this Amended Agreement. This Amended Agreement may be terminated by either party upon 180 days written notice to the other, (b) This Amended Agreement would terminate automatically upon the assumption of all fire protection duties by the County of San Diego through the establishment of a Special Service District or County Service Area, designed to provide said fire protection, or such other County fire protection arrangement found to be mutually agreeable to the parties to this Amended Agreement. (c) This Amended Agreement may, at the option of either party, also be terminated at such time as it shall be determined by reference to and as determined by the rolls of the Tax Accessor of San Diego County, showing that 50% of the valuation of land and fixtures within the Dis trict's territory as it exists on July 1, 1969, has been annexed to the City of Chula Vista. Upon such occurrence, City and District shall renegotiate the terms of this Amended Agreement, under the terms and conditions determined to be mutually advantageous to the parties hereto, 4, That Section 10, as contained in Resolution No, 3027 be, and the same is hereby renumbered to Section 11, and new Section 10 be, and the same is hereby added, to read as follows: -2- ~? ~~L-i ~ F'.. Section 10. Conditions Subsequent to Termination. Should this Amended Agreement be terminated in accordance with the provisions of Section 8(c) hereinabove, it is mutually understood and agreed by and between the parties hereto that the City of Chula Vista shall undertake fire protection for the total area of the Bonita-Sunnyside Fire Protection District. In the event that the City should enter into such a contract with District, City agrees that it shall blanket into the fire service of City all employees of the Bonita-Sunnyside Fire Protection District meeting the minimal Civil Service qualifications under their compatible positions in the fire service of the City of Chula Vista. IN WITNESS WHEREOF, the parties hereto have caused this Amended Agreement to be executed the day and year first hereinabove set forth. THE GI~~~OF CHULA VISTA BONI,T~-SUNNYSIDE FIRE PROTECTION DISTRiICT ' l~I~xyor of the "Cray of ul '"Vista- / ~~ ~, , ,. ~ ~ ~'~~ ATTEST. ~~ _ ~ ~,~~-~-i-~- -e!fi ~' '' G~/~ `.~' , it -Clerk /. Attach Notary Acknowledgement here. Approved as to form by .~1~' ~y / George D, indberg, City Attorn strict r ~ ~~~ ~"