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HomeMy WebLinkAboutReso 1964-3329RESOLUTION N0. 3329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING THAT IT IS NECESSARY THAT CERTAIN SEWERS, DRAINS, OR OTHER APPURTENANT FACILITIES BE CONSTRUCTED BY SWEETWATER UNION HIGH SCHOOL DISTRICT IN OTAY LAKES ROAD AND THAT THEY CAN BE OR WILL BE USED FOR THE BENEFIT OF PROPERITES NOT ABUTTING SAID STREET AND APPROVING AND AUTHORIZING JOINT POWERS AGREEMENT THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY 12ESOLVE AS FOLLOWS: WHEREAS, SWEETWATER UNION HIGH SCHOOL DISTRICT, hereinafter sometimes referred to as SCHOOL DISTRICT, will install a sewer trunk main, hereinafter referred to as "facilities", in Otay Lakes Road, hereinafter referred to as "location", and WHEREAS, said facilities can be or will be used for the benefit of properties not contributing toward the construction of said facilities, and WHEREAS, said facilities have been dedicated to the public, and WHEREAS, said SCHOOL DISTRICT has requested that they be reimbursed for the installation of said facilities to the extent that said facilities have benefited properties which have not contributed toward the construc- tion of said facilities, and WHEREAS, said SCHOOL DISTRICT, in its written request for said reim- bursement, has stated that it will abide by the provisions of Section 26.71 and 26.72 of the City Code, with respect to said facilities, and by the recommendations and determinations of the City Engineer and City Council, with respect to ''its costs of construction of said facilities, and by the determinations of the City Engineer and the City Council as to the amount of benefits received by said SCHOOL DISTRICT in its property, because of the construction of said facilities, and that said determinations shall be final and conclusive, and WHEREAS, the City Engineer has determined what properties have bene- fited, which have not contributed toward the construction of said facilities, and WHEREAS, a condition to entering into any such contract shall be that said facilities shall be dedicated to the City of Chula Vista; and WHEREAS, the particular sewer facility described in that certain agree- went referred to in paragraph 6 hereof is of special public interest because of its major importance to the City, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS; 1. That in the opinion of the City Council, it is necessary that the facilities identified by the City Engineer in his written communication to the City Council, be constructed. 2. That said facilities, when constructed, can be or will be used for the benefit of properties which have not contributed toward the construc- tion of said facilities. 3. That the City Council will enter into a contract with said SCHOOL DISTRICT to reimburse it for the construction of said facilities, in accord- ance with the provisions of Section 26.71 and 26.72 of the City Code and provided such period of reimbursement not to extend more than twenty years from the date that the sewer facility is accepted as being completed by the city. 4. That the City will undertake to collect from any persons using said facilities for the benefit of properties which have not contributed toward the construction of said facilities, a reasonable fee for said use, in accordance with the provisions of Chapter 26 of the City Code. 5. That the entire cost of said construction and installation of said facilities shall be at the sole expense of said SCHOOL DISTRICT, except as provided in that certain agreement designated JOINT POWERS AGREEMENT BETWEEN SWEETWATER UNION HIGH SCHOOL DISTRICT and THE CITY OF CHULA VISTA. 6. That said agreement referred to in paragraph 5, a true copy of which is attached hereto and incorporated herein by this reference thereto, is approved and the Mayor is authorized to execute same and the City Clerk to forward six copies to the said SWEETWATER UNION HIGH SCHOOL DISTRICT for its execution. ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 3rd" day of March , 1964 ~ b~ the following vote, to-wit: AYES! COUNCILMEN McAllister, Menze h Smith, DeGraaf, McMains NAYES: COUNCILMEN None ABSENT; COUNCILMEN None ~L yvr of the City o, ~ hula Vista ,~ ATTEST - ,~ ,: _ , w ` . ; *~:~ ~. , `'~r City Clerk STATE OF CALIFORNIA. ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, tnue and correct copy of , and that the same has not been amended or repealed. DATED: City Clerk JOINT POWERS AGREEMENT BETWEEN SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE CITY OF CHULA VISTA WHEREAS, SWEETWATER UNION HIGH SCHOOL DISTRICT (hereinafter sometimes referred to as "SCHOOL DISTRICT"), a Union High School District organized and existing pursuant to the law of the State of California, and the CITY OF CHULA VISTA (hereinafter sometimes referred to as "CHULA VISTA"), a municipal corpo- ration organized and existing under the constitution and laws of the State of California, and a chartered City, are public agencies of the State of Cali- fornia (SCHOOL DISTRICT and CHULA VISTA are hereinafter sometimes referred to collectively or singularly as ':'Public Agencies" or "Public Agency"), and WHEREAS, SCHOOL DISTRICT and CHULA VISTA each has the power to acquire, construct and operate facilities for the collection, treatment and disposal of sewage and waste of its inhabitants and school properties, and WHEREAS, SCHOOL DISTRICT and CHUI.A VISTA intend to acquire and con- struct such facilities, namely a sewer trunk main, collector lines and lat- erals, to be operated by CHULA VISTA, and WHEREAS, SCHOOL DISTRICT and CHULA VISTA are authorized to contract with each other for the joint exercise of a common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code, being Sections 6500 et seq. NOW, THEREFORE, the following Public Agencies SWEETWATER UNION HIGH SCHOOL DISTRICT and THE CITY OF CHULA VISTA for and in consideration of the mutual promises and agreements hereinafter stated and the performance thereof, and for other valuable and adequate con- sideration, do promise and agree for and on behalf of themselves and their successors in interest as follows: Section 1. Purpose of Agreement and Power to be Exercised. This agreement is made for the purpose of acquiring, constructing, and operating a sewer trunk main, sewer collector lines and sewer laterals so that the residents and school properties of a certain area within each Public Agency will be supplied with sewer service. The power of each Public Agency to acquire, construct and operate facilities for the collection, treatment and disposal of sewage and waste of its inhabitants will be exercised. The method by which said purpose will be accomplished and the manner in which said power will be exercised are hereinafter set forth. Section 2. School District to Administer and Execute the Agreement. SCHOOL DISTRICT shall, in the manner set forth in this agreement and subject to any restrictions of the laws of the State of California, administer and execute this agreement and said sewer facilities and shall do all acts necessary to accomplish the joint purpose and to exercise the joint power. Section 3. Construction of Sewer Trunk Main. (a) SCHOOL DISTRICT and CHULA VISTA hereby agree to construct a trunk sewer line along and in Otay Lakes Road from the presently proposed Bonita Vista High School to the intersection of Camino Elevado and Otay Lakes Road, said route of such trunk lines sewer shall be substantially in accordance with the route shown upon Exhibit "A", attached hereto and incorporated herein by this reference thereto as though here set forth in full. SCHOOL DISTRICT shall prepare plans and specifications for said trunk sewer line and said construction shall be in accordance with such plans and specifications provided same are approved in writing by the City Engineer of the City of CHULA VISTA. The estimated cost of said project is $71,700.00. The City of CHULA VISTA hereby agrees to pay twenty-five percent (25%) of the costs thereof, but in no event to exceed $18,000.00. SCHOOL DISTRICT shall pay the balance of such costs upon the execution of a contract for construction of said facility. CHULA VISTA will pay to SCHOOL DISTRICT the sum of $ -o- and the balance of its participation share (not to exceed a total of $18,000.00) shall be paid within ten days after demand therefor and after the execution of any contract by the SCHOOL DISTRICT for the installation of such improvements. Provided - that prior to SCHOOL DISTRICT'S call for bids CHULA VISTA may at its option provide for the installation of that portion of said facility between the in- tersection of CAMINO ELEVADO and the intersection of the Southerly extension of the Easterly boundary of Bonita Bel Air Subdivision, and such installation shall represent Chula Vista's participation share of this agreement. (b) All phases of construction supervision, engineering and con- struction contract administration in connection with the said sewer trunk main project shall be done by SCHOOL DISTRICT and upon completion of construction of the sewer trunk main any surplus monies on hand shall be returned to SCHOOL DISTRICT and CHULA VISTA in proportion to the contribution made by each. Section 4. Method of Contracting. SCHOOL DISTRICT may enter into a contract in its name alone for the said sewer trunk main and in accordance with the plans and specifications heretofore referred to. Section 5. Rights-of-Way. A11 rights-of-way for the sewer trunk main shall be acquired by the f, SCHOOL DISTRICT at no cost to CHULA VISTA. Title to such rights-of-way shall be vested in the name of CHULA VISTA and shall be accepted and recorded by the City of CHULA VISTA. Section 6. Operation of Sewer Trunk Main. Upon completion of the sewer trunk main, it shall be operated and maintained by CHULA VISTA at no cost to SCHOOL DISTRICT and it shall not be materially altered or abandoned by CHULA VISTA without the consent of SCHOOL DISTRICT. The sewer trunk main shall be connected with the CHULA VISTA sewer system and the sewer trunk main shall be adequate to dispose of all sewage of the Bonita Vista High School and Bonita Vista Junior High School of the SWEET- WATER UNION HIGH SCHOOL DISTRICT and residents and property owners in the drainage area as outlined on Exhibit "A" referred to hereinabove. Section 7. Sewer Collector Lines. All sewer collector lines and laterals connected to the sewer trunk main shall be operated and maintained by CHULA VISTA at no cost to SCHOOL DISTRICT. Section 8. Connection Fees and Sewer Service Charges. (a) Any and all connection fees fixed by CHULA VISTA and charged to the users of the sewer facility which are subject to this agreement shall be collected by CHULA VISTA. Such connection fees shall be the same as and those provided for in Chapter 26 of the City Gode and shall be refunded to SCHOOL DISTRICT to the extent of its contributions pursuant to this agreement, provided that CHULA VISTA shall be reimbursed for such monies as it has paid to SCHOOL DISTRICT pursuant to this agreement for its participation share in the said trunk sewer line before any monies are reimbursed to SCHOOL DISTRICT. (b) SCHOOL DISTRICT agrees that if the amount collected by CHULA VISTA from persons connecting to said facility who have benefited from the construction of said facility, do not compensate SCHOOL DISTRICT for its con- tribution to the construction of the said sewer trunk main, that SCHOOL DIS- TRICT will waive any further payment by CHULA VISTA or liability on the part of CHULA VISTA with respect to such construction. (c) It is further agreed that CHULA VISTA shall in no case be lia- ble to the SCHOOL DISTRICT for failure, neglect or liability for any reason to collect any charges herein mentioned or to reimburse SCHOOL DISTRICT as herein provided, or for errors in proportionate disbursement thereof. (d) All other sewer service charges and/or maintenance and opera- tion charges and/or capital assessment charges shall become the property of the City of CHULA VISTA and SCHOOL DISTRICT shall have no interest therein. SCHOOL DISTRICT shall pay no connection charge for the connection of its said Bonita Vista High School and Bonita Vista Junior High School to the trunk sewer line but shall pay such other sewer service charges and/or maintenance and operation charges as may be fixed by CHULA VISTA, and its share of con- nection fees to SPRING VALLEY SANITATION DISTRICT OUTFACE SEWER. Section 9. Sewer Trunk Main. (a) SCHOOL DISTRICT shall keep the accounts of all construction funds administrated under this agreement and shall keep all records thereof, including reports of all receipts and disbursements. Such accounts and re- ports shall be available to CHULA VISTA upon request. (b) CHULA VISTA shall keep the accounts of all connection fees re- ceived from properties to be served by said sewer trunk main and shall keep a report of the disposition or disbursements. Such accounts and reports shall be available to SCHOOL DISTRICT upon request. Section 10. Amendment, Termination and Disposition of Property upon Termination. (a) This agreement may be amended or modified by CHULA VISTA or SCHOOL DISTRICT by mutual consent. (b) Upon termination of this agreement any and all property acquired as a result of the joint exercise of powers of this agreement shall be distrib- uted to CHULA VISTA. Section 11. Liability of Damages. (a) Insofar as it is legally authorized to so do, SCHOOL DISTRICT shall save CHULA VISTA harmless of and from and indemnify it against each and every claim, demand, lien, loss and liability of whatsoever kind or character, at any time made, asserted or claimed by, or on behalf of, any person or per- sons, for or on account of, any manner of thing, including injuries to, or deaths of any person or persons, or damage to property occurring from any cause connected with the construction of the sewer facilities which are the subject of this agreement. (b) Insofar as it is legally authorized to so do, CHULA VISTA shall save SCHOOL DISTRICT harmless of and from, and indemnify it against, each and every claim, demand, lien, loss and liability of whatsoever kind or character, at any time made, asserted or claimed by, or on behalf of, any person or per- sons, for or on account of, any manner of thing, including injuries to, or deaths of any person or persons, or damage to property occurring from any cause connected with the operation and ownership of the sewer facility which are subject to this agreement. Section 12. Insurance. SCHOOL DISTRICT shall at all times maintain, at no cost to CHULA VISTA, bodily injury and property damage insurance on any accidents, injuries or damage arising out of or in connection with the construction of the said sewer facility which are subject to this agreement in limits which are rea- sonably necessary in connection with such premises, operations and construc- tion in form approved by the City of CHULA VISTA. DATED: March 3, 1964 ATTEST: ~~/ .~ _ City Clerk a.~; ~C,'_V riS TO FORMo L EiTfL4N1 P.4C~EES, JR. ~e~rb' Cc~rsel ~ ~/~'~6 ~v ~d, ~ Deputy, CITY OF CHULA VISTA ~ Mayor SLIEETWATER UNION HIGH SCHOOL DISTRICT By By By Approved as to Form: sy City Attorney