The URL can be used to link to this page

Home My WebLink AboutReso 1969-5181RESOLUTIUr1 NO. 5181 RESOLUTIOi1 OF THE CITY COU?'YCIL OF TI-iE CI~1:Y OF CHULT~ VISTA P_PPROVING FIRST AP~SE_~?DME?~iT TO `I'H=~T CER']'7I1`7 AGR.EENiENZ' ~ETU1F~EiV` THE CITY OF CriULA VISTA AN L` 1.'F'.E SP=ZINC t%A r. BEY SA_?vIZ`~i'ION DISTRICT I'CR P.E1%•~F3URGF~NiL'N'1' OI' CAPACITY FLES AND :yUTHOR.IZ]:NG THE NL'-'.YOR 1'O EXECJTE SAID AMEIv~~i~l ~'NT The City Council of the City of_ Chula Vista does hereby resolves aS fO11owS V~~HEREAS, by Resol.u.ti_on No. 4538, adopted on the 5t.h day of September, 1967, the City Council o-` the City or Chula Vi~;ta approved that certain agreement ry anew bet,~.een ~lze Ci.t.y o- Cht,l.a Vista and the Sprincx Valley Sanitation District providing for the reimbursement of capacity fees for the Robinhood ~'omes, Inc. Anr~e~ation :Ier_v~ce Area, and_ Tn7HE±2EAS, the City of Chula Vista and t}?e Sanitation District now desire to arlerd_ said. agr'ee"-'•er~t to provide for the inc'.usion of t~'ie McMillin Service Area in tr.e Sweetwater 'Jalla_y an:~ the reimbursement of capacity fees for said area. NOZ°J, TiIERE:FOR"_-, BrJ IT RESGLVE~J that the Cite Coar_cil of the City of Chub. Vista, does rereby approve t.,.o rust amer_dTnent to that certain RcliCtk~ursement Agreement by and between the City of Chula Vista and the Sprint Valley Sa.ni_taiion District dated the 23r:d das~ of Ucto,_,~r, 1967 , a cagy of which first amendment is attached :~ereto i.ncl :Wade a. part hereof by reference. BE IT FURTr?ER RESOLVED that the P~Iayor of tr.e Cit;T of Chula Vista, be, and he is hereby authorized. and directed to e;~.ecute said rust amendment to said agreer.~ent, .for and on bc-.Y:aI-F of the City of Chula V~.CJ4Cl. Pr_eser.t~3 by :,./ Iran F. o e, Director. of ~blic Workks Approved ;~s to corm by or-g~, D. ~inc!.'perg, City Attor ~,-. ADOPTED ATTD APPROVED by the CITY COLTr?CIL of the CITY CF CHULH. z11 S TA CALIFORNIA, this 20th day of May , 1969 by the follo.,Tin~ rote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, McCorquodale, McAllister ~~ 1`TAYES: Councilmen None ARSE,,".~T: Councilmen None ~ ~ ~ ~J S ~ ~~ ,/~ Ma or o the City o' hula V~.sta Y << /~ ATTEST .c ~, _ - ~~~ E° G-~ .-City Clerk STATE OF CALIFORNIA ) COTJPdTY OF SAP; DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Jista, Cali~oc°nia, DO fiEPEBY CERTIFY that the above and foregoing is a full, true and correcr c~p;% of and that the same has not been mended or reoealed. DATED; City Clerk i~ ~ - -~i.~~ ,~y t (p T^ ~ ' -~ ... .. .,._~ ,'. 1. FIRST' AP4ENlli'u,~iT Tip AGPEE!~=ENT Fop. RE? ~.~URSFM_ET~7m OF PROFORTIONA"_'E S1IAP,.E OF' PAST CAPACITY `r""EES A~'VD FOR PAYZ~IENT OF PP:OPORTIO~~TATE SHARE OF Ai1NUAL CAPACITY ~'EE S - ROBINHOOD H0~1ES, IN(', ANNEXATICr1 SERVICE AR?'A THIS AGREEMEN'~}, made ar:d entered into this f ~~ day of ~~ - , 1969 , by and between the SPFING VALLEY S~~.1`1ITATIOi1 DIS`T'RICT (hereinafter referred to as the "Di strict") and the CITY CF CHL'LA V15TA (hereinafter referred to as "Chula Vista"), W I T N E S S E~ T H: 1. WHEREAS, Chula Vista has capacity rights in the R~?etrcpOlitan Sewerage System, in excess of its current nee~?s; and 2. ~vHEP,EAS, Chula Vista can transfer capacity rights in the metropolitan Seweraga System subject to the api.~roval by the City cf Sar: Diego; and 3. Y~IHEREAS, Chula Vista on February 13; 1962, adopted a resolution, Item No. 128, Document No. 314199; wherein it Baas Stated that the District expressly agreed that the ther_ proposed Snrirg 'Jalley Sanitation District Outfa7.1 Sewer would rot be used tc serve any portion of the Sweetwater River drainage basin designated as `'Area TWO" on that certain map shop?ing sew°erage Stt1C~y ar°c35 c~.TI:'i study zones contained. in a report on collection, treatment and di sposal of sec•:age and ~.ndu:=trial waste in the CY~~ula ~lista area dated April 15, i9~9, prepared by Engineering Science, Ir_;;.., t~n_ess such area has become Dart of some municipal corporation, oubl~.r agency or d_strict that has acquired from Chula Vista capacity ric;~ts in the San Diego Me-tropcl_itan Sewerage System. for such area, or Chula Vista has Otherwise consented thereto; provided, however, ~ ~~~ ~- that Chula Vista would be reimbursed for use of its capacity rights in the San Diego Metropolitan Sewerage System in the amount of the cost to Chula Vista for such capacity rights plus ten percent (10%); and 4. WHEREAS, Chula Vista and the District agreed by agreement dated October 23, 1967, and designated County of San Diego Contract No. 3968-215-~;, that the flows from said Robinhood Homes, Inc. are of such small amount that it is not feasible to amend the agreement between the City of San Diego and Chula Vista in order to transfer capacity rights from Chula Vista to the District; and.. 5. WHEREAS, the flows from the McMillin Service Area are also small; and 6. WHEREAS,. Chula Vista shall continue to pay all fees and charges for the capacity rights for the area included within Mci~illin Service Area, the subJect of this Agreement; and 7. WHEREAS, the District shall reimburse Chula Vista to the extent that the District utilizes Chula Vista's capacity rights both for Robinhood Homes, Inc. and the McMillin Service Area;. and $. WHEREAS, the District shall pay to Chula Vista a propor- tionate share of capacity fees paid by Chula Vista to the City of San Diego for the area included within both Robinhood Homes, Inc. Annexation Service Area and the PcMillin Service Area and to provide for the payment of the fixed annual fee representing the reimburse- ment to Chula Vista for a pro rata s:~are of future capacity fees paid by Chula Vista to the City of San Diego for said area; NOW THEREFORE _p_ ,~~5/8/ `?'rIE tom. ARTIE S i-TEP.JTC~ AGREE' ;:~s follo`,r?s R 1. The terms of t'r~e Agreement~of October 23, 1967, between Chula Vista and the District and County of Sa.n Diego designated Conti act No. 3968-2125-E sh~.11 continue in fu17_ force and effect for ;?.or,inhood ;Tomes, Tnc. annexation Service Area. 2. Chula `Jista ~iereby consents to the annexation of and inclusion with~.n the District of that certain area designated and dElineated as r~cMillin's Bonita Glen, TJnit 1 and to be knowr. as McMillin Service Area as shown. on Exhibit B attached, hereto and made part hereof and by this reference incorporated herein, and the providing of :,ewer s`r~,*ice to said area by the District. 3. The District hereby agrees to pay Chula Vista not later than ninety (90} days after the effective date of this Agreement Seventy-•T'~ir.ee Dollars {$73,00) per acre acrd. the pro rata ai~our:t for any partial acre as full reimbursement to Chula Vista for ar_y and all stuns heretofore paid by Chula Vista for capacity rights in and to the San Diego Metropolitan Sewerage System for the entire area iriciuded within the Mcr•1i llin Service Area as reflected. and designated on Exhibit B attached. her.ete. Upcn payment thereof, Chula Vista shall be entit~_ed to no further sums whatsoever for past payment fir capac_~ty rights as to such area. 4. The District agrees to reimburse Chula Vista annually on or before Niarch 15th of each. fiscal year commencing with 2larch 1.5th of the 1969-70 fiscal year, the sum of FourteF~n Dollars ($14.G0) per acre per year for each acre ar~d a pro rata amount `or any partial acre included within the Mcr-Ii11in Service Area as reflected -3- ~~,~/~/ on Exhibit B hereto attached. Each acre of land within the Mci~iillir. Service Area is estimated to generate a sewage flo:,r of 1,155 gallons per day. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officials pursuant to the resolution adopted by the Board of Directors of the Spring Valley Sanitation District' dated E/.t~iv~~ ~ ~ ~~7~ % , and Resolution No. 5181 adopted by the City Council of the City of Chula Vista dated May 20, 1969 or the City of Chula Vista APPROVED BY THE DISTRICT BOARD Of DIRECTORS JU~11 71969 ~~ ~~~4` ~~~ ~~ 4 CLERK OF THE DISTRICT 80ARD OF DIREC70RS WCG:DBL -4- SPRING VALLEY SANITATION DISTRICT ;> , , Y Chairm ofit e Board of Directors Approved as to form and legality this ~ day of ~~~~~,,~- , ~'~s~~i CITY OF CHULA VISTA