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HomeMy WebLinkAboutReso 1991-16094 RESOLUTION NO. 16094 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 570-02 RELATING TO SEWER SERVICE TO PROPERTY NOT WITHIN THE CITY BOUNDARY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, adoption of the attached revision of Policy No. 570-02 will limit the duty of a County resident desiring to connect to our City's sewer system to not signing an annexation protest petition. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does amend Council Policy No. 570-02 relating to 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. Present~ and Ap roved as to form by B/u~e M. Boogaar City Attorney~ Resolution No. 16094 Page 'SUBJECT AREI ImROIm0BED El, RANCH0 VIBTA REORGANIZATION VICINITY MAP o FEBRUARY 1991 Resolution No. 16094 Page 3 COUNCIL POLICY I~l'rY OF CI-IULA VISTA POLICY U.e.~CTIVE StYSERVICE TO PROPERTY NOT WITHIN THE N~n~m~ na~ PAflP CITY BOUNDARY B70-02 03-12-gl 1 of 3 ADOFII~D BY: ReSolUtiOn NO. 160gq (ReviSed ]3/lg/gl ) DA) 07- 35-83 BACKGROUND The City has from time to time in the past received requests to permit connection to the Chula Vista sanitary sewer system by properties not within the City boundary. Each request has been handled on an individual basis with the result that some staff personnel are uncertain as to how to respond to the infrequent ap licants. A policy statement is needed to guide staff in providing logtca~ and efficient service to the public. PURPOSE To establish a policy regarding connection to the Chula Vista sanitary sewer system by property not within the incorporated limits of the City. POLICY The City Council hereby establishes the following policy and procedures relative to connection to Chula Vista sanitary sewers by properties not within the incorporated ltmtts of the City: 1. A~y property for Which connection to the Chula Vista sanitary sewer has been requested must constitute or be part of an area which could logically annex to the City or for Which a formal petition for annexation has been filed with the City. 2. Property for Which sewer connection is sought must either front upon a sanitary sewer in the City system, or front upon the logical extension of such a sewer. Maximum length of sewer extension permitted shall be 200 feet. 3. None of the cost of any sewer main extension required to serve property beyond the City boundary shall be borne by the City. Such sewer extensions shall be constructed in conformity with City standards and shall be dedicated to type City for publtc sewer purposes in a manner approved by the City Engineer. When appropriate, such sewer extensions may be made subject to t agreement. re mbursement 4. The owner of property seeking connection shall pay all application charges related to connecting to sewer as levied by Chula Vista. In addition to all application Chula Vista charges the applicant shall Resolution No. 16094 Page 4 COUNCIL POLICY SEMEn SERVICE TO PROPERTY NOT WITHIN THE NUIdBER DATE PAGE CITY BOUNDARY 570-02 03-12-91 2 of 3 ADOriP. U BY: ReSOlutton HO, 16094 (Revised O: -12-91 ~DATEI:~. 07-05-83 pay a sewer capacity charge to the City which is equivalent to the Irevalent sever capacity charge imposed by the sanitation district Spring Valley or 14ontgomery) which In)uld logically provide service to the site sought to be connected. Such additional charge shall in no event be less than $1,000. 5. The Owner of property seeking connection shall pay any costs, fees or charges by any governmental agency other than Chula Vista which are relative to and/or necessitated by the construction of sewer facilities to serve the property seeking connection. 6. The owner of property seeking connection shall agree in writing not to oppose any then-current or future procedures to annex his or adjacent properties to Chula Vista. The owner of property shall agree in writing not to sign a written protest petition, or otherwise file a formal written or formal oral protest of annexation at the Conducting Authority level of annexation proceedings. However, nothing herein shall affect the right of the property owner to vote in any annexation election that may be called. Such document shall be presented to the City Engineer st time of payment of charges as stipulated in Iten 4 above. A. Interpretation of Prior Language and Agreements. 1. The language of Section 6 of Policy Ho. S70-02 heretofore effective which provided: "The owner of property seeking connection shall agree in writing not to oppose any then-current or future procedures to annex his or adjacent properties to Chula Vista,", and any agreement entered into pursuant thereto, shall be interpreted by the City to mean that said property owner shall agree in writing not to sign a written protest petition, or otherwise file a formal written or formal oral protest of annexation at the Conducting Authority level of annexation proceedings, and shall not be construed to affect the right o said property owner to vote in any annexation election that may be cMled. Resolution No. 16094 Page 5 COUNCIL POLICY f~l'l'Y OF CHULA VISTA St.~S POLICY ERVICE TO PROPERTY NOT WXTHTN THE knrun~rn C]TY BOUNDARY 570-02 03-12=91 3 Of 3 ADOFll~D BY: Resolution NO. 16094 (Revised 33-1g-91 ) DA~I~D; 07- )5-83 2. All persons who have executed agreements pursuant to the Clty's prevtous Policy No. 57042, Section 6, shall be advised at the time of any annexation proceedings affecting their ropetry of the interpretation heretn subsection 6(A)(r) contained. 7. No sewer service shall be provMed to any property beyond the Ctty boundary unless and unttl written approval of that spectftc servtce has been received by the City Engineer from the City of San Otego pursuant to terms of the Sewage Disposal Agreement of 1960. 8. Upon connection to the Chula Vista sanitary sewer system the property so served shall be sub;iect to any appropriate ongofng Chula Vista sewer service and/or sewage pumping charge. Resolution )~o. 16094 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of March, lggl by the following vote: AYES: Councilmembers: Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None Leonard M. Moore~'-- Mayor, Pro-Tempore ATTEST: /1 - verly A/Authelet, 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. 16094 was duly passed, approved, and adopted by the City Council held on the 12th day of March, lggl. Executed this 12th day of March, 1991. Beverly A./Authelet, City Clerk