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HomeMy WebLinkAboutReso 1962-2949AGREEMENT RESOLUTION NO. 2949 • ' RESOLUTION OF THE CITY COUNCIL OF THE CITY . OF CHULA VISTA, CALIFORNIA ENTERING INTO AN AGREEMENT WITH CALIFORNIA WATER AND TELEPHONE COMPANY FOR SEWER SERVICE BILLING AND COLLECTION THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE AS FOLLOWS: That certain agreement for sewer service charge billing and collection, entered into on the 29th day of October, 1962, between the City of Chula Vista and the California Water and Telephone Company, a copy of which is attached hereto and made a parcel hereof, as though fully set forth herein, is hereby approved and the Ma' or and City Clerk of the City of Chula Vista are hereby authorized and directed to execute the same for and on, behalf of3,'the City of Chub.' Vista, California, ` ,.' • • • • • a ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 30th day of October l9 6Y ,.the following vote,, to-wit: , AYES: COUNCILMEN McMains. McAllister, Menzel, De(Yaaf NAYES: COUNCILMEN None ABSENT: COUNCILMEN Smith . f4' j. Mayor of the City of Fula Vista 1 ATTEST 4< < - 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CERTIFY that the above and foregoing is a full, true and correct copy of , and that the same has not been amended or repealed. DATED: City Clerk /(-0 • • AGREEMENT THIS AGREEMENT, made and entered into this 30th day of October, 1962, by and between CALIFORNIA WATER & TELEPHONE COMPANY, a California corporation, hereinafter referred to as "Company", and CITY OF CHULA VISTA, a muni- cipal corporation, hereinafter referred to as "City", WITNESSETH : . WHEREAS the City of Chula Vista, on the 9th day of October, 1962, adopted its Ordinance No 807 establish- : . ing sewer service charges; and • • WHEREAS City desires that Company bill and collect • • from Company' s consumers said sewer service charges, and • is willing to pay Company for Company's services in connec- tion therewith; and WHEREAS Company is willing to bill and collect from Company's consumers said sewer service charges for the fee and upon the terms and conditions in this agreement set forth, NOW THEREFORE, for and in consideration of the mutual covenants and promises herein contained, it is hereby agreed as follows: • 1. City shall forthwith furnish to Company a list of all sewer service connections to be billed by Company. Said list shall provide accurate information as 'to the applicable rate to be charged each connection, together with the name and address of the person or firm 1 -a9� Ca), _OL(.7 • • • • to be billed. City shall at all times keep said list current. Should Ordinance No. 807 be amended so as to establish different sewer service charges or different categories of service, Company's entire cost of estab- lishing new billing records shall be paid by City. • 2. Company shall compute, produce and mail sewer service charge statements, either monthly or bi- monthly at the same time as Company bills its consumers for water service. 3. Company shall use the same procedure in • prorating, opening and closing sewer service statements. as is used by Company in connection with its water ser- vice. 4. Prior to commencing the billing of sewer service charges, City shall advise each water consumer by letter approved by Company of the reasons for imposing the sewer service charge. 5. Company shall commence the establishment of its billing procedures within thirty (30) days after the execution of this agreement or within thirty (30) days after the receipt of the list of sewer service connec- tions referred to in paragraph 1 hereof, whichever date • is the latest. 6. Forty-five (45) days after each monthly and/or bimonthly billing cycle is completed, commencing with the first billing by Company, Company shall submit a report as to statements rendered and collections re- ceived and shall transmit to City all moneys collected 2 • by Company on account of sewer service charges since the previous report. The report shall include a list • of all unpaid accounts. City may require Company to • _ furnish a fiduciary bond in the sum of Fifty Thousand Dollars ($50,000.00) . The company issuing said bond kall be selected by City, and City shall pay all pre- . miums' on said bond. • 7. In the event that the number of variances• granted by City to the sewer users exceeds one-fourth of • one per cent (1/4 of 1%) of accounts billed, the cost incurred to revise Company's billing records by reason thereof shall be borne by City. 8. City shall pay Company Twenty-five Cents (250') for each individual sewer service statement rendered by Company. City will pay all charges for service ren- dered by Company within thirty (30) days after receipt of invoice. 9. The fee paid by City shall be subject to review annually upon request of either party made in writing at least sixty (60) days prior to each yearly • anniversary of this agreement. 10. This agreement may be cancelled by either party upon written notice at least thirty (30) days prior to each yearly anniversary of said agreement. 11. It is understood that Company shall not •be responsible for other than billing of sewer service charges, receipt of the moneys therefor and the trans- :. , mission of the moneys received by Company to City, 3 • • • • together with the required reports. It is further under- stood and agreed that Company shall not be required to take any steps to enforce the collection of delinquent `.:: sewer service accounts. 12. Upon the termination of this agreement, only those records pertaining to the receipt of moneys for sewer charges by Company will be transferred to the City. • 13. All disputed sewer service statements shall be referred by Company to City for clarification and dis- position. IN WITNESS WHEREOF the parties hereto, by and through their duly authorized officers, have executed this agreement as of the date first hereinabove written. CITY OF CHULA VISTA By a A 1 ATTEST: BY • Clerk CALIFORNIA WATER & TELEPHONE COMPANY By •%` : Vice j esiden- 4 kwv By ill tr,ae/,i:I, j/l/li -, A-s' st- t Secrets ' 4 "e ?-777-.