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Home My WebLink AboutReso 1965-3622 f-~~" RESOLUTION N0. 3622 RESOLUTION OF THE CITY'COUNCIL OF THE CITY OF CHULA VISTA _, APPROVING AGREEMENT BETWEEN. THE CITY OF CHULA VISTA AND THE OTAY MUNICIPAL TiVATER DISTRICT PROVIDING FOR THE BILLING AND COLLECTION OF SANITARY SEWER SERVICE CHARGES The City Council of the City of Chula Vista does hereby resolve as follows: SECTION 1. That certain agreement between the City of Chula Vista, a municipal corporation, and the Otay Municipal Water District, dated the 19th day of January 1g65 a copy of which is attached hereto and. incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. SECTION. That the Mayor of the City of Chula Vista be and he is hereby authorized and directed to execute the same for and upon behalf of the said,City. Pr~ee-nte~/d/by: ~J t, A(p roved as to rm y• " `George D.,/Lindberg - `•` City Att-rney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 19ttday of Sanuary , 19 65 by the following vote, to-wit: AYES: COUNCILMEN McAllister, Spar ling, McCorquodale, Anderson, McMains NAYES: COUNCILMEN None l~( ~P , ~ ., Mayor of the City of ~ ula Vista ATTESTS ~~y ity 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CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED: City Clerk R3~a~ ABSENT: COUNCILMEN _None CC 652 AGREEMENT THIS. AGREEMENT is made and entered into, by and between OTAY MUNICIPAL ATATER DISTRICT, hereinafter referred to as "Otay" and the CITY OF CHULA VISTA, hereinafter referred to as "Chula Vista." W I T N E S S E T H WHEREAS, Chula Vista, on the 9th day of October, 1962, adopted its Ordinance No. 807 establishing sewer service charges, and WHEREAS, Chula Vista desires that Otay bill and collect from all of Otay's consumers who are receiving sanitary sewer service from Chula Vista the said sewer service charges, and WHEREAS, Chula Vista is willing to pay Ctay for Otay's services in connection with such billing and collecting, and WHEREAS, Otay is willing to bill and collect such sewer service charges for Chula Vista upon the terms and conditions and for the fees herein set forth, NOW ,~ THEREFORE, for and in consideration of the mutual covenants and promises herein contained, it is agreed as follows: 1. Chula Vista shall forthwith furnish to Otay a copy of its Ordinance No. 807 and shall at all times advise Otay of any changes in the schedule of sewer service charges to be made for each class of customer or category of service. 2. Otay shall compute, and add to its statements for water service, the monthly sewer service charges for each of its customers who are receiving sanitary sewer service from Chula Vista. 3. Prior to the commencing of the billing of sewer service charges, Otay shall mail, first class postage prepaid. to each customer concerned, a letter, the form of which shall be subject to the approval of Otay., The said letter and the envelope in which it is to be mailed shall bear the return address and signature of Chula Vista and shall be worded to explain the reason for imposingthe sewer service charge. Page 1 /~-.3 ~a~ ~_' ~- ~a'> ~ n 0 t /(~%r~! The letters and prestamped envelopes shall be furnished by Chula Vista to Otay. 4. Otay shall compute all those sewer service charges which are set at a percentage of the water bill at the established percentage basis without adjustment or proration for periods of service of less than one month. Charges and collections made on this basis shall be assumed to be made for the period corresponding to the monthly interval betweer. meter readings which intervals will vary in length as the dates of meter readings vary. It is agreed that said readings are made on or about the 22nd day of each month, but may be made earlier or later,.. as circumstances may direct. 5. Otay shall prorate those sewer service charges which are set at a flat rate of so many dollars and cents per month on the following basis: a. The months in each such case shall be calendar months. b. Each month shall be considered to have thirty days. c. All charges for periods of less than one month shall be computed by multiplying the days of service furnished by one thirtieth (1/30) of the monthly charge. For example: A customer establishing service on the 8th day of February would be charged 23 x 1/30 x $1.60 = $1.23, when the monthly charge is set at $1.60 per month. The day of beginning of service and the day of ending of service shall be included as days of service in the computations. 6. Otay shall commAsice the addition. of sewer service charges to its water bills within not less than 30 days after the execution of the agreement by both parties. 7. Otay shall consider the sewer service charges which have been added to a water bill as an inseparable, part of said bill. 8. Forty-five days after the rendering of each set of monthly water bills with added sewer service charges, Otay shall submit a report to Chula Vista listing the total number of charges rendered, and collections received, and shall transmit to Chula Vista Page 2 ~~~ ~c~- ~. .'. therewith, the monies so collected by Otay on account of said sewer ~~ ~ service charges since the last previous report. The report shall contain a list showing the names and addresses of the persons who have not paid accounts in full. " 9. Chula Vista shall pay to Otay a fee of ten cents (10C) - for each individual sewer service charge added to water bills. '" 10. Chula Vista shall pay to Otay a fee of $1.D0 for each variance from the standard schedule of sewer service charge which may be granted by Chula Vista. ~- 1 L Otay shall deduct, at the time of its .remittance of _ ~ the sewer fees collected,. service charges as mentioned in item 9 and 10 above. 12. The schedule of £ees to be paid by Chula Vista to Otay .- ~ shall be subject to review by either party to this agreement"upon request made in writing at least thirty (30) days prior to each semi- . - annual anniversary of the date of this agreement except that the ' review may be requested at any time during the First year upon thirty . ~ (30) days notice in writing. 13. This agreement may be cancelled by either party upon - written notice at least s;xty (60) days prior to each annual anniver- sary of this agreement. 14. Otay shall use due care in the computation of Chula Vista's sewer service charges, the collection of such charges and the remittance of the monies due Chula Vista to it. Otay shall not be liable for any matter in connection with its activities under this agreement except for its willful misconduct and gross negligence. 15. Otay shall include all unpaid sewer service-charges in ~~`` the amounts due on delinquent accounts which are turned over to Otay's - agent collection service agency (presently County Credit Service, P. O. Box~685, 81 Cajon, Cali£o rni a) and steal 1, remit to Chula Vista the net amount o£ all sums received from said collection agency for ~' 'the sewer service charge accounts. Page 3 16. All disputes pertaining to the sewer service charges shall be referred by Otay to Chula Vista for clarification and disposition except for those matters which are found to be the result of clerical errors in the computation of the amounts due, when such errors are discovered before the monies therefor have been transmitted to Chula Vista. All adjustments to be made in sewer service accounts, other than those discovered to be~due to clerical errors before remittance to Chula Vista, shall be processed directly between~Chula Vista and the customer concerned. IN WITNESS WHEREOF the parties hereto, by and through their duly authorized officers have executed this agreement as of the dates shown below opposite their signatures and the effective date hereof shall be the latest date 'of the two below shown. DATE: January 19, 1965 ~ CITY OF CHULA VISTA DATE: January 11, 1955 ' ~t[a yor ATTEST: / ~s ;; /~ ~~ ~ / i y r c OTAY MUNICIPAL . WATER D I ST R I CT ~ / / ~` L j ` ~ BY rr° J .GG ~, h ut te, Presi- nt / "jai/o/°.~s: Sc ~ ~ r ~~~ Harr}" T. Baker, Secretary fs'~3~~ ~- ~--