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HomeMy WebLinkAboutReso 1963-3197 RESOLUTION N0. 3197 RESOLUTION AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO SEWAGE DISPOSAL AGREEMENT WHEREAS, the City of National City has annexed certain lands heretofore included in that certain zone and territory for which the City of Chula Vista has agreed to pay capacity rights in the Metropoli- tan Sewer according to the SEWAGE DISPOSAL AGREEMENT of 1960 between the City of San Diego and the City of Chula Vista, and, WHEREAS, the City of National City is willing to assume certain gallonage rights as identified and described hereinafter in the SECOND AMENDMENT TO SEWAGE DISPOSAL AGREEMENT of 1960 and to pay proportional capacity rights charges and maintenance charges pertaining to and in connection therewith, and WHEREAS, it has been represented to the City of Chula Vista that said City of National City has or will enter into an agreement with the City of San Diego in this regard, NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista and the Mayor and the City Clerk are hereby authorized to execute that certain agreement entitled "SECOND AMENDMENT TO SEWAGE DISPOSAL AGREEMENT of 1960", a copy of which is attached hereto and incorporated herein by this reference thereto. : ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this lOthday of September, 1~J63 by the following vote, to-wit: AYES: COUNCILMEN McMains McAllister Menzel, Smith. DeGraaf NAYES: COUNCILMEN None ABSENT: COUNCILMEN None ~G/l~A.l~/ / 1 ~~ Mayor of t e Cit of la Vista ATTEST_,,~~~sJ,._~-w:.~~Cy a.cc1/~-(•• ~ ~ i _ City Clerk ~ ~ - J 4~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ssa CITY OF CHULA VISTA } I, KENNETH P. CAPIPBET.L; city Cie".'k of the City of Ghula V1sta, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy cf and thaC the same has not been amended or re;~ealed. DATED: City Clerk A G R E E M E N T FOR TRANSFER CF CAPACITY RIGHTS IN SAN DIEGO METRt7PCLiTAN SEWERAGE SYSTEM THIS AGREEMENT made and entered into this 26th day of February, 1963, by and between the CITY t)F CHULA V15TA, a municipal corporation., hereinafter sometimes referred to as "Chula Vista°, and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter sometimes referred to as '°Nationai Cityp, WITNESSETH: WHEREAS, National City has entered into an agreement with The City of San Diego entit{ed ^Sewag.e Disposal Agreement of 1960", dated March I, f961, whereby National City agrees to lease from The City of San Diego a total of 8.00 million gallons per day of capacity in the San Diego Metropo{Itan Sewerage Sys- - tem and to pay for said capacity rights in accordance with the terms of the agreement; and WHEREAS, Ghula Vista has entereii into an agreement with The City of San Diego entitled "Sewage Disposal Agreement of 1960", dated March 1, 1961, which said agreement was the subject of a First Amehdment to Sewage Disposal Agreement of 1960, dated August 1, 1962, whereby Chula Vfsta agrees to 1Qase from The City of San Diego a total of 22.20 mfllion gaitans.par.~ .,. day of capacity in the San Dfego MSetrepolitan Sewerage System,- x ,, . . and to pay,for said capacity rights in accordance with the, terms,,: of the agreement; and - WHEREAS, National City and Chula Vista have agreed that 0.10 millio m:.gaiions a day capacity should be transferred from Chula Vista to National City for the purpose of permitting P!at;or.aB City. to serve an area which originally was conter~~platad would be served by the City of Chula Vista; and iQ".31i~ i N0~1, THEREFORE, IT IS AG~BED by and between Chula Vista and Ldationa2 City as follows; Z Chula Vista hereby agrees to transfer to National City 01 miIliora gall"ens per dsy of capacity in the San 7}iega Metropolitan Sewerage System ~t of the 22.2 million gallons ': ~. per day"of capacity which Chula Vista has agreed to lease from Mme City"of San Diego cinder the aforementioned Sewage Lspasal Agreement of 196©; together wa,th the. First Amendment thereto, provided that such transfer is consented to `e'~ The City of San Diego and-any other participating agency whose consent to such transfer is required by the said Sewage Disposal. Agreement of 1960: 2. Chula Vista agrees to execute a_Secc~nd Amendment i of the aforementioned Sewage Di:spasal Agreement of 1960 whereby . Che said 22+$ million gall:ans per day of capacity specified in said agreement and the First Amendment thereto, to be leased by Chula Vista, will be reduced by 0,1 million gallons per day to 22.10 million gallons per day; and further agreed that, The City of San Diego may lease said 0.1 million gallons pee day to National City upon substantially the same terims and conditions as are set Earth in said Sewage Disposal Agreenent,af 1960. ' 3:. Chula Vista and National City hereby request The ~" . .C~tp.of San Diego,to prepare the appropriate modifications of the Sewage Bisposal Agreement of 1960 for execution by Chula Vesta and National City, whereby National City will lease from The City of San Diego the additional p.l'million gallons per day of capaeity in the said San Diego I~tropoltan Sewerage -2- System upon substantiaiiy the same terms and conditions as are set forth in Said Sewage Disposal Agreement of 1960. . IN WITNESS WHEREOF, the part"ies have cause this agreement to be executed the day and year first above written. CITY OF :NAFitONAL>C,ITY / i ~- / iMay~r / CITY OF'CHULA'~UIrSTA(~.7` '' ~.~~ ~..~ ~ Mayor ATTEST: l ~-" City Clerk'