HomeMy WebLinkAboutReso 1993-17344RESOLUTION NO. 17344
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, TO WITHDRAW FROM MEMBERSHIP IN THE
SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT
WHEREAS, the San Diego Area Wastewater Management District ("SAN District")
was formed under the authority of Chapter 803, Statues 1992 (SB 1225), effective
January 1, 1993 (the "Act");
WHEREAS, the Act provides in Section 703 for member agency withdrawal or
detachment "without penalty if the withdrawal is within one year from formation
of the District or before districtwide funding is committed for improvements
exceeding the obligations included in the sewage disposal agreements described
in Section 401, whichever occurs first"; and,
WHEREAS, as districtwide funding has not been committed, the one year
deadline is prior to January 1, 1994 ("Statutory Deadline"); and,
WHEREAS, Chula Vista has consented to the terms by which the Statutory
Deadline can be extended without their withdrawal, which terms area contained in
that agreement entitled: "Interim Agreement Regarding Withdrawal from the San
Diego Area Wastewater Management District" or, alternatively herein:
"Agreement"; and,
WHEREAS, the City Council authorized execution of the Agreement by
Resolution No. 17344; and,
WHEREAS, the City Council herewith desires to protect against certain
contingencies which may occur during a period of time that the Council may not
more fully react such as (1) the failure of all member agencies to sign the
Agreement before year end; and (2) the attempted assumption of debt by the SAD
before terms and conditions for members entry to SAD are fully resolved and
determined;
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE, DIRECT AND
RESOLVE AS FOLLOWS:
SECTION 1.
The City of Chula Vista does hereby withdraw from the SAN
District. The condition of this withdrawal is such that said
withdrawal shall not be effective until a certified copy of
this resolution is delivered to the General Manager of the SAN
District under the authority of either of the two City's
delegates to the SAN Board, or their alternates ("Delegates")
or the City Manager.
SECTION 2.
Neither the Delegates or the City Manager of the City of Chula
Vista are authorized to deliver a certified copy of this
resolution to the General Manager of the SAN District unless
one of the following conditions have been met:
Resolution No. 17344
Page 2
Condition No. 1: One or more of the agencies who are members
of the SAN District have failed to authorize and execute the
Agreement prior to December 20, 1993 in substantially the form
as has been approved by the City Council of the City of Chula
Vista. Either the Delegates or the City Manager are
authorized to determine if the form of the Agreement approved
by the member agencies is substantially in the form as
approved by the City Council, but they shall consult with the
City Attorney prior to making their determination.
Condition No. 2: The Delegates or the City Manager determines
that there is an imminent threat that the SAN District is
about to commit to districtwide funding for improvements in
excess of the obligations included in the sewage disposal
agreements described in Section 401 of the Act, or assume
debt.
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SECTION 3.
This resolution shall take and be in full force and effect
immediately upon the passage and adoption hereof.
SECTION 4.
The City Clerk shall certify to the passage and adoption of
this Resolution; shall enter the same in the book of original
Resolutions of said City; and shall make a minute of the
passage and adoption hereof in the minutes of the meeting at
which the same is passed and adopted.
Approved as to form by
/j--k/ //~
Bruce M. Boogaard ~,~
City Attorney
Resolution No. 17344
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 14th day of December, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Vicki C. Soderquist, ~ City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California,
do hereby certify that the foregoing Resolution No. 17344 was duly passed,
approved, and adopted by the City Council at a meeting of the Chula Vista City
Council held on the 14th day of December, 1993.
Executed this 14th day of December, 1993.
Vicki C. Soderquist, ~L~puty City Clerk