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Home My WebLink AboutReso 1967-4411RESOLUTION NO. 4411 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENT TO THAT CERTAIN AGREEMENT BE- TWEEN THE CITY OF SAN DIEGO, THE CITY OF CHULA VISTA, THE MONTGOMERY SANITATION DISTRICT AND THE COUNTY OF SAN DIEGO The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Department of Special District Services of the County of San Diego has submitted a proposed second amendment to the agreement between the City of San Diego, the City of Chula Vista, the Montgomery Sanitation District, and the County of San Diego, dated the 13th day of February, 1964, approved by Resolution No. 3298 adopted on the 28th day of January, 1964, and WHEREAS, said amendment will allow the City of Chula Vista to service additional areas in the southeastern section of the City, as indicated on the exhibits attached to said amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the proposed second amendment to said agreement be, and the same is hereby approved and the Mayor is hereby authorized and directed to execute same for and on behalf of the City of Chula Vista. Presentec~,,by ~,~' Lane F. Cole, Director of Public Works Approved as to form by r George D, indberg, City Att -/- ADOPTED AZ?D APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA CALIFORNIA, this 23rd day of ~y , 1967 ., by the following vote, to-wit: AYES: Councilmen Sparling, Sylvester, Anderson, McCorquodale, McAllister NAYES: Councilmen None ABSEPIT: Councilmen None ATTEST ~~--~---c_--r--~-f -~ ~" lu<~`7' "~-e~ City Clerk STATE OF CALIFORNIA ) COUPITY OF SAPd DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P, CAMPBELL, City Clerk of the City of Chula Vista, Calitonia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED City Clerk APPRQVED BY, THE A~praved by the soars of Suparvisers cf 15?^sC-T"6oARD OF. DIRECTORS the Gouty :f Sa' Gel: J~.'~~ ~ 91967~~ JUN 6 1561:~~~ 1 rh ~. r;~e s~raicr ar,RO c~ o, :;c*:;~ • d erd •f St'erv~t~-` SECOND AMENDMENT TO AGREEMENT AMONG CHULA VISTA, THE CITY OF SAN DIEGO, SANITATION DISTRICT, AND THE COUNTY FOR THE CONSTRUCTION, OPERATION AND THE CITX OF THE MONTGOMERY OF SAN DIEGO USE OF SEWERS This second amendment executed this ~ ~i day oF:-~-- (; 1967, by and among the City of San Diego, a municipa`~ orporation, sometimes hereinafter called "San Da.ego," the City of Chula Vista, a municipal corporation, sometimes hereinafter called "Chula Vista," the Montgomery Sanitation District, a County sanitation district, sometimes hereinafter called the "District," and the County of San Diego, apolitical subdivision of the State of California, sometimes hereinafter referred to as the "County," W I T N E S S E T H: STATEMENT OF PURPOSE 1. On February 13, 196+, San Diego, Chula Vista, the -,~,.~ _. District, and the County entered into an agreement entitled rrAGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO, THE MONTGOMERY SANITATION DISTRICT AND THE COUNTY OF SAN DIEGO FOR THE CONSTRUCTION, OPERATION AND USE OF SEWERS" relating to the price to be paid to Chula Vista for an undivided one-half fee interest in those portions of the Chula Vista System to be conveyed to the District; the rights, privileges, and duties of the parties concerning the use of the District System and the Chula Vista System; the construction and maintenance of connec- tions to said systems; the areas to be served by said systems; the setting of standards governing waste discharge and sewage flaw; fees and charges to be imposed and paid by the parties and the methods for determining them; and the formula to be used in ascertaining the amount of sewage discharged into the District System which is to be charged against Chula Vista's capacity rights in the Metropolitan System and the amount of sewage dis- charged into Chula Vista's System which is to be charged against the District's capacity rights in the Metropolitan System. 2. Section ~+ of said original agreement designates the areas to be served by the District System and therein grants to Chula Vista the right to connect sewer lines serving exclusively certain areas designated Chula Vista Service Areas I, IT, III, IV, V, and VI (as shown on Exhibit "A" to said original agreement) to the District System for transportation ar}d disposal subject to all the terms, conditions, and restrictions specified in said agreement, 3. On July 28, 1966, the parties to the original agreement executed the first amendment to said original agreement wherein Chula Vista Service Areas IIIA, VII and VIII were added as addi- tional areas to be served subject to the payment of an area charge of $70.00 per acre as to Chula Vista Service Area TTIA and Chula Vista Service Area VIII, and a connection fee of $5.50 per benefited front foot was established for each direct service connection to a District line serving Chula Vista Service Area VII and Chula Vista Service Area VIII and provision made for the collection of such connection fee by Chula Vista on behalf of the -2- District at the time an application for a sewer connection ~.s made. No such connection fee was imposed as to connections within Chula Vista Service Areas T, II, III, IIIA, IV, V or VI. ~+. Chula Vista has now requested that said agreement as amended by the first amendment thereto, be main amended to pro- vide for the servicing of two additional areas to be designated Chula Vista Service Area TII$ and Chula Vista Service Area TIIC as designated on Exhibits "E" and "F", respectively, attached hereto, and the payment of an area charge of $70.00 peg acre for each acre included within said additional areas tq be served, such charge to be paid prior to discharge of any sewage. 5. The parties hereto deem it mutually desirable and advan- tageous to permit the addition of said Chula Vista Service Areas IIIB and IIIC to the areas to be served, subject to alb. the terms and conditions provided for herein and in the original agreement executed February 13, 1g6~+, as amended by the first amendment thereto executed July 28, 1866. NOW THEREFORE, the parties hereto agree as follows: Section I. Section ~+' of that certain agreement among the parties hereto entitled "AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO, THE MONTGOMERY SANITATION DISTRICT AND THE COUNTY OF SAN DIEGO FOR THE CONSTRUCTION, OPERATION AND USE OF SEWERS" dated February 13, 196+, as amended by the first amendment thereto, is hereby amended to read as follows; -3- Section ~. AREAS TO BE SERVED, (a) The District hereby grants to Chula Vista the right to connect Chula Vista's sewer lines serving exclusivel~T those areas within the City of Chula Vista which are delineated as Chula Vista Service Areas I, II, III, IV, V and V2 on the map attached hereto and marked Exhibit "A", and Chula Vista Service Areas IIIA, VII, VIII, IIIB and IIIC, as delineated on the maps attached hereto and marked Exhibits "B", "C", "D"~ "E" and "F", respectively, to Dis- trict System and thereafter discharge sewage into District System for transportation and disposal subject to the terms, conditions, and restrictions as hereinbelow in this agreement set forth. (i) Only those areas within the City of Chula Vista which are delineated as Chula Vista Service Areas I, II, III, N, V and VI on said Exhibit "A", and Chula Vista Service Areas IIIA, VII, VIII, IIIB and IIIC, as delineated on the maps attached hereto and marked Exhibits "B", "C", "D", "E" and "F", respectively, sha11 be served by District System under the terms of this agreement. (ii) Except as provided in subdivision (iii) of this subsection (a), Chula Vista shall not permit property out- side the boundaries of said City of Chula Vista and/or out- side of the areas delineated as Chula Vista Service Areas I, II, III, IV, V and VI on said Exhibit "A", and Chula Vista Service Areas IIIA, VII, VIII, IIIB and IIIC, as delineated on the maps attached hereto and marked Exhibits rrBrr~ rrCrr' rrDn' "E" and "F", respectively, to connect to or otherwise -~ - be served by District System through sewer lines or connec- tions owned or operated by Chula Vista. (iii) In the event Chula Vista annexes and incorpo- rates within its boundaries territory lying within the Dis- trict System Service Areas A or B as shown on said Exhibit "A", which territory is not incorporated within the bound- aries of Chula Vista on the effective date of this agree- ment, said territory shall continue to be treated as part of the District for all purposes of this agreement until such time as said territory is withdrawn from the District at which time said territory shall become eligible to be served by District's System under the terms of this agree- ment. Any such territory so withdrawn from the District that is connected to or discharges sewage through the Dis- trict System shall be subject to the same sewer service charges applicable to. Chula Vista Service Areas T, II, III, and N. (b) Chula Vista hereby grants to District the right to connect District's sewer lines serving exclusively those areas delineated as District Service Areas A and B on said Exhibit "A" to the Chula Vista System and thereafter discharge sewage into the Chula Vista System for transportation and disposal subject to the terms, conditions and restrictions as hereinafter in this agreement set forth. (i) The only area within the Montgomery Sanitation District which shall discharge sewage through the Chula -5- Vista metering station under the terms of this agreement shall be Distr. ict Service Area B as shown on :exhibit "A", In no event shall the District permit property outside of the boundaries of said District Service Area B to discharge sewage through the Chula Vista metering station In no event shall the District permit property outside of the boundaries of said District Service Areas A or B to connect to or otherwise be served by said Chu1,a Vista System through sewer lines or connections owned or operated by the District. Section II. Section 6.5 of said agreement, added by the first amendment thereto, entitled "CONNECTION FEES" is amended to read as follows: Section 6.5. CONNECTION. FEES. Chula Vista shall impose and collect on behalf of the District a connection fee of $5.50 per benefited front foot, as determined by the District, for each direct service connection to any District line serving any Chula Vista Service Area, provided, however, no such connection fee shall be applicable to or collected as to Chula Vista Service Areas I, II, IIZ, IIIA, IITB, ITIC, IV, V qr VI, Chula Vista shall report to the District the number of such new con- nections made and the amount of fees collected therefor at the time and in the manner establ~.shed by Section 10 regarding pro- cedures for the reporting and payment of service charges and any amounts due the District shall be paid the District as therein provided. -6- Section III., CHULA VISTA SERVICE AREA IIIB AND IIIC AREA CHARGE. Chula Vista agrees to pay to the District an area charge of Seventy Dollars ($70.00) per acre for Chula Vista Service Areas IIIB and IIIC at the time this second amendment to the original agreement dated February 13, 196+, is executed by the parties. In no event shall any sewer connection or sewer service, of any nature, be made, allowed or rendered to said Chula Vista Service Areas IIIB or IIIC prior to actual payment of such area charge to the District. Section IV. The two maps attached hereto and marked Exhibits "E" and "F", respectively, are hereby attached to and made a part of the aforementioned original agreement dated February 13, 196+. Section V. All other portions of the original agreement and first amendment thereto shall continue in full force and effect except as herein modified. Ap ved~s t fo legal' tt s ~_ day , 1 . nri~~ ~~~~ y for Lne pity-o~'// San iego V Approve to form and legality this, ~~ day of =i~~„ 1967. citiy ~Lt ney t'or the City o hula Vista Approved as to form and legality this day of , 1967. Walter Hahn, Jr,, CITY OF SA . DIEGO City Manager,. . ~ i ~. .; , TANT CITY NAGER CI'I~ OF CHULA VISTA MONTGOMERY SANITATI0~1 DISTRICT 0'~ ,BERTRAM Mc LEES, JR. County Counsel By eputy -7- RWW;DBL Duea,ru ~l ~upervlsors