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Home My WebLink AboutReso 1992-16598 RESOLUTION NO. 16598 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COUNCIL POLICY ON SEWER SERVICE TO PROPERTY NOT WITHIN THE CITY BOUNDARY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Council Policy 570-02 was created to allow County residents near existing City sewers who were not contiguous to the City boundary and, thus not able to annex, to connect to City sewers; and, WHEREAS, Council Policy 570-02 states that any County resident wishin9 sewer service from a City sewer main must enter into an agreement with the City to not si9n a written protest petition, or otherwise file a written or oral protest of annexation at the Conducting Authority level of annexation proceedings; and, WHEREAS, in a previous action, a resident of E1Rancho Vista has requested annexation and sewer service was denied because the area opposed annexation; and, WHEREAS, staff has received several requests for sewer service from county residents and, in light of the policy and past action, believes that the policy needs to be revised. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does amend Council Policy 570-02 on sewer service to property not within the City boundary as set forth in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to rm by Resolution No. 16598 Page 2 F;[HtBIT A COUNCIL POLICY (crl"f OF CHULA VISTA SU'B.TECT: SEWER SERVIC~ TO PKOPERTY NOT I IN)LI~ ~.,1"1~'.,'~.;1 IV'~, WITHIN THE Crr/BOUNDARy ~]~?~02ER ] DATE PAGE 06-02-92 1 OF ADOPTED BY: Resolution No. 16598 ] DATED:. 06-02-92 The City has from thne to time received requests to permit connection to the Chul, Vist~ eanit~'y ,ewer ,3~em by properties not within the City boundary. Each request has been handled on an individual hess to how to respond to these infrequent epplicatior~. A policy statement is needed to guide st~xff in providing hXal end etrx¢/~ $el~ice ~ ~ public. To establish · policy regarding connection to the Chula Vista sanitary sewer system by property not within the incorporated limit~ of the City. The City Councfi hereby establishes the following policy and procedures relative to connection to Chula V'~t~ sanStiff seweri by properties not within the incorporated limit~ of the City:. 1. Basic Policy-Annexation Required. Except as provided below, any proper~ for which s~it,ry lower service has been requested must first annex to the city. 'First annex', as the term [~ used heroin, shall mean 'the completion of annexation proceedings whereby the territory is deemed to be within the City of Chula Vista" except that ff the proposed connectee executes an Annexation Agreement in , form satisfactory to the City, 'first annex' shalX mean the 'filing of a formal petition for [.mention with the City and the r~ling of an annexation application with LAFCO'. Among such other matter, the ~ n~y agree upon. such Annexation Agreement shall provide that the connectee deposit · m~unt with the City equal ro three times the ten ~urrent sewer capacity charge to be u~ed to Imrch.~e the rigrht to ~ City ser. dces in the event annexation fails. The Agreement shill alto provide that the connectee agrees to diligently and in good faith prosecute and suppor~ the ~'mexation eftor( and further agrees that, ~ the annexation should fail, the City may cllim the specified deposit as payment for the right to utilize City services. and ff the ~innexation l~ thall retired the d~pe~ir w/thout intere~ ,. Property for which sewer cormaction is sought must either front upon · sanitary sewer in the City system, or front upon the logical extension of such a sewer. h. None of the cost of any sewer main extension required ro serve property beyond the City ho~mdary shall be borne by the City. Such sewer extensions shall be cons~x~aed in conformity with City standards and shall be dedicated to the City for public ,ewe' purpom in a manner approved by the City Engineer. When appropriate, such sewer extelBion, be subject to reimbursement &greement~. c. The owner of property, seekjng connection shall pay all applicable non-capacity thar~es related to connecting to the sewer as levied by the City. In addition, they shall pay to City of Ch~la Vista the c~Tent st~,er capach'y char~, d. The owner of property seeking connectinn shall pay any costs, fees or char~s by any gove.nmantal agency other than Chula Vista wbirh are rala~ive to and/or necessitated by the conszruc~or: of sewer facilities to serve the pro/x~y s~ekinx connectiox~ Resolution No. 16598 Page 3 COUNCIL POLIC"Y ~I]'Y OF ~ VISTA SUBJECt: SEW'ERSF~VICF. TO Iq~.OPt~'rY NOT ~ POLICY WITHIN THE CITY BO~ARY NU]VJ3BE][ ! DA'fF_. PAGE 570-02 06-02-~2 2 OF 3 ADOFly_J) BY: Resolution No. 165~1 { DATED: 06-02-92 2. Properties W'nere Annexation is Beyond the Contzol of proposed Connectee. In situations where the property may not be immediately annexed, either due to lack of proximity, or where the property is in close proximity, but not contiguous to, the City boundary and other owner~ will not consent to annex so as to make annexation impossible, service may be permitted on the ~ titat the Fopesed connectee !hall enter into an "Annexation and Disconnection Agreement with ~ City ~ a faun axe, pebble to the City which provides for the following: a. The owner of property seeldng connection shall agree in writing to Fde and diligendy prosecute a formal petition for annexation with the City, and i'de and diligently prosecute an annexation application with LAFCO when the City determines annexation is logical. Said agreement shall be a covenant running with the land, shall apply to all successors in interest and shall be speciiqcally enforceable. The a~'eement shall specify that, in connection with any enforcement action taken by the City, atxorney's fees and court costs shall be a lien on the land. The agreement may, to the extent permitted by law, also provide that the propercy owner shall sign an undated annexation petition and grant irrevocable power of attorney to the City to date the petition and prosecute the annexation petition. b. The owner of property seeking connection shall pay all applicable non-capacity charges related to connecting to the sewer as levied by the City. In addition, they shall pay to the City of Chula Vista the current sewer capacity charge. c. The property owner shall pay to the City an additional amount to the City which is equal to t~vice the total sewer capacity charge as itemized in paragraph b above. This amount shall be paid to the City General Fund and shall be used to offset any edminisu'ative, overhead, or other costs the City incurs as a result of providing the municipal service outside the City boundary. d. The psotk--~y owner shall pay to the City on-half the amount of all applicable annexation fees, including City and other agencies fees, which ere then in effect. The City shall hold these fees in n'ust to he used to offset the fees required to be paid at the time of the future annexation. The City will enter into a reimbursement agreement to repay any portion of the fees deposited based on other conu'ibutors when the property is annexed. e. The agreement shall provide that the owner agrees not oppose any then-current or future procedures to annex their, or adjacent properties, to the City nfChula Vista. It shall also provide that the owner agrees not to sign a written protest petition, or otherwise file · formal written or formal oral protest of annexation at the Conducting Auut~otity level of annexation proceeding. However, nothing herein shall affect the fight of the property owner to vote in any am~exation election that may be cal~ed. f. The agreement shall provide that no new consu'ucdon and/or development shall be permitted to connect to sanitary sewer without annexltion to the City of Chula Vista or authorization of the City to further develop the property without annexation has been given. Resol uti on No. 16598 Page 4 COUNCIL POLICY t,;fl'~' OF CITULA VISTA ~11~/~ WIT~N THE CITY BOUNDARY NUJVJ~ER 570-02 ADOPTED BY: Resolution No. 16598 I DATED: 06-02-92 3. No sewer service shall be provided to any proper~ beyond the Ci~ boundat,/unless and until w~nen approval of tha= specific service has been received by the Ci~ Engineer h'om the CiW of San Diego puauant to terms of the S~wage Diaposal Agreemene of 1960. 4. Upon connection of the Chula Vista sanitary sewer service system the property so ssrv~d shall be subject to any appropriate ongoing Chula Vista sewer eervice and/or eewage pumping d~ge. ORIGINAL RESOLUTION ADOPTING THIS POLICY W~S: 16094 APPROVED 3-12-91. Resolution No. 16598 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 2rid day of June, 1992, by the following vote: YES: Councilmembers: Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Grasser Horton Tim Nader, Mayor ATTEST: Beverly A/. Authel~t', City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16598 was duly passed, approved, and adopted by the City Council held on the 2nd day of June, 1992. Executed this 2nd day of June, 1992. ' Beverly A/Authelet, City Cl~rk