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Home My WebLink AboutReso 1984-11859 RESOLUTION NO. 11859 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SPRING VALLEY SANITATION DISTRICT RELATING TO TRANSFER OF METROPOLITAN SEWERAGE SYSTEM CAPACITY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and SPRING VALLEY SANITATION DISTRICT relating to transfer of Metropolitan Sewerage System capacity dated the 4th day of December , 1984, 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. BE IT FURTHER Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by P. Lippit , D rector of lic Works/City Engineer / I ' Y.h/!/2P~ , City ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 4th day of December 19 84, by the following vote, to_it: Malcolm. Scott, Moore, Cox None AYES: Councilmen NAYES: Councilmen ABSTAIN: Cot.rIcilmen ABSENT: Councilmen None McCandliss ATTES l-; . ¡¿ ()" Mayor ~ thO City of Chula Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 11859 ,and that the same has not been amended or repealed. DATED (sea) City Clerk CC-660 'DUPLICATE ((~-263754- ~~R~~~~O~~ TÄ~R~~Of~A~Ë 0 S~~~~~O~ M~~~6~N~A~Ä~ I~OcUMfNT NO. FROM THE CITY OF CHULA VISTA fllED.____ JUL 2 9 1~1'___ BY THE SPRING VALLEY SANITATION DISTRICT OFfICE Of THE ClTÝ,<lttRK 5ANDIEGO. CAUFOQNIA THIS AGREEMENT is hereby dated and effective th is 4th of December, 1984, and is by and between SPRING VALLEY SANITATION DISTRICT (herelnafter referred to as "Spring Valley") and CITY OF C~lt(.VtS¡-\¡ ~ D (hereinafter referred to as "Chula Vista"). RECITALS !\UG () g 1985 A. Spring Valley desires to obtain capacity rights inWa£Weu~~~oServices system to accommodate its long-term needs in the amount of 1.0 million gallons per day (MGD). B. Chula Vista is willing to sell 1.0 MGD of its excess Metro capacity to Spring Valley. C. Sect ion 22 of the "D isposa 1 Agreement of 1960" permits adjustments of capacity between participating agencies. D. The transfer and/or sale of Metro capacity is contingent upon determination by the City of San Diego that the proposed change will not unba lance the Metro System to the detr iment of San Diego or other participating agencies. NOW, THEREFORE, incorporating the recitals of facts set forth above, and in cons iderat ion of the mutua 1 covenants conta ined here in, the parties hereto agree as follows: COVENANTS 1. Chula Vista agrees to transfer to Spring Valley one million gallons per day (1.0 MGD) of capacity in the Metro system provided that such transfer is consented to by the City of San Diego. 2. Annual Payment to Chula Vista. Spring Valley will make annual cash payments to Chula Vista in the amount of $50,928.00 for a period of approximately 19 years. Payments shall be made on a fiscal year basis with the fiscal year running from July 1 through the next June 30. The first payment, represent ing a part ia 1 f isca 1 year, shall be made with in 30 days after approval of the transfer of capac ity by the City of San Diego in accordance with Section 22 of the "Disposal Agreement of 1960". Thereafter, each f isca 1 year payment sha 11 be made by February 1 st and sha 11 cont inue unt il the Year 2004. The payment made in 2004 shall be a part ia 1 year payment representing the months of July and August of 2003. Transfer of ownersh ip for th is purpose shall occur simultaneously with approval of the transfer of capacity by the City of San Diego. Proration of the payment to Chula Vista for the first year shall be based on the date of approval of the transfer of capacity by the City of San Diego. 3. Annual Payment to San Diego. Spring Valley will additionally assume the annua 1 capac ity payment to Metro (San Diego) of $12,098.00 per million gallons of capacity. These payments will become effective on the same .. .. ;e - / / ¡"S r '¡.-;', ¡ ~O. --6./...u,.._º-::.,&-: -~'.._~..",-,.._._._,-',,--,~ "'-'-~~~._-_._,- ,,".---.-- date as the first payment to Chu la V ista is made and wi 11 cont inue unt il . "ebruary of Year 2004. The first annual payment due to Metro shall be ~rorated on the basis of time of ownership to the nearest full month of each of the participants. The last annual payment due to Metro shall be prorated to cover the months of July and August, 2003. 4. Alternative Payment to Chula Vista. As an alternative to the annual payments set forth in Item 2 above, Spring Valley may elect to make a lump sum payment of the then-current present worth of the remain ing unpa id annual payments to Chula Vista. The amount of such lump sum payment shall be calculated on the basis of a uniform series for the remaining life of the agreement and at 8% compound interest. Utilization of this alternative form of payment to Chula Vista shall not modify Spring Valley's obligation to make annual payments to San Diego. 5. In the event that the capacity transfer is denied by the City of San Diego, any cash payment made under the provisions of Items 2 or 4 above, will be returned to Spring Valley by Chula Vista. 6. Chula Vista agrees to execute a modification of the aforementioned Sewage Disposal Agreement of 1960 whereby its capacity specified in said Agreement will be reduced by 1.0 million gallons per day, and further agrees that the City of San Diego may lease said 1.0 mill ion gallons per day to Spring Valley upon substantially the same terms and conditions as are set forth in said Sewage Disposal Agr~ement of 1960. 7. Chula Vista and Spring Valley hereby request the City of San Jiego to prepare the appropriate modifications to the Sewage Disposal Agreements of 1960 for execution by Chula Vista and by Spring Valley. , 8. Mutual Cooperation. Chula Vista and Spring Valley mutually agree to cooperate and assist in obtaining any and all approvals, or other documents which may be necessary to accomplish the above capacity purchase and transfer. 9. Time of the Essence. Both part ies understand that time is of the essence in the completion of all matters contemplated by this Agreement. Both parties agree to use all due diligence to complete all phases of the work contemplated by this Agreement at the earliest possible and convenient time. 10. Modification. This Agreement may not be altered in whole or in part except DY mod lficat ion in wr it ing, executed by both part ies to th is Agreement. 11. Partial' Invalidity. If any term, covenant, condition or provision of thlS Agreement is held by a court of competent jurisdiction or by an arbitration proceeding as provided herein to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect shall in no way be affected, impaired or invalidated thereby, un less sa id inva 1 idated term, covenant, cond it ion, or prov is ion mater ia lly affects other provisions of the agreement to the detriment of either party. 12. Successors in Interest. Unless otherwise provided in this Agreement, the terms, covenants and cond it ions contained herein shall apply to, inure to the benefit of, and bind the heirs, successors, executors, administrators and assigns of the parties hereto. ~_ \\ß5} - 2 - __.-,_.._..._"~.~__.~,_.___ ._.__ _··_·_'~__'_'__,"",_"_·."~,.'.."_'._"_"_>,,.·.L_~~~.~~___~ 13. Arbitration of Disputes. Any controversy or claim between the parties to this Agreement, including, but not limited to, any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by arbitration in accordancae with the California Arbitration provisions contained in Code of Civil Procedure Section 1280, et seq., as amended from time to time. The arbitrator or arbitrators shall determine the rights of the parties in accordance with the law and the award shall be subject to review as to the arbitrator's application of the law by any court having jurisdiction of the matter, whether or not any mistake of the law shall appear on the face of the award. As to all questions of fact, however, the determination of the arbitrators shall be binding upon all parties and shall be deemed final and conclusive. Each party shall be entitled to written findings of fact and conclusions of law as to all issues determined by the award. Subject to the above 1 imitations, the award granted by the arbitrator shall be binding upon all parties to the arbitration and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction over the matter. 14. This agreement shall expire: A. if and when the transfer of capacity is denied by the City of San Diego; or B. upon submission of the final (2004) annual payment to Chula Vista by Spring Valley; or C. upon submission of the alternative single cash payment to Chula Vista by Spring Valley. 15. The effective date of this agreement shall be the date of its approval by the Chula Vista City Council. IN WITNESS WHEREOF, the unders igned have executed th is Agreement as of the day and year first above written. CITY OF CHULA VISTA By' "yo,fuA f1.- Vi ,to At"" ~ ~~Luy C ity C -er VALLEY SANITATION DISTRICT By: APPROVAL OF TRANSFER BY CITY OF SAN DIEGO ~f- ~uó ASSISTANT TO THE CI MANAC¡I!;:R APPR.OVED BY THE DISTR./CT BOARD OF DIRECTOR.S f3y: r'''T 11' '¡"P!'.:J;J:.)... ~t·· '0 JV. V'u, 'V D ,at -r ~/A-&nv~ CI.Eii.K OF THE DISTRICT BCARD OF DIRECtoR' WPC 1039E Rev. 9-18-84 ~_\\~Sì - 3 - R - 263754 (R-86-41) ADOPTED ON 263754 JUL291985 RESOLUTION NUMBER R- BE IT RESOLVED, by the Council of The City of San Diego, that the City Manager be and he is hereby authorized and empowered to consent, for and on behalf of said City, to an agreement between the City of Chula Vista and the Spring Valley Sanitation District for the transfer of 1.00 million gallons per day capacity rights in the Metropolitan Sewerage System from the City of Chula Vista to the Spring Valley Sanitation District, under the terms and the City Clerk forth in the Agreement on file in as Document No. RR- 263754...-/ the office of conditions set BE IT FURTHER RESOLVED, that the City Manager be and he is hereby authorized and empowered to consent, for and on behalf of said City, to an agreement between the City of Chula Vista and the Lakeside Sanitation District for the transfer of 0.10 million gallons per day capacity rights in the Metropolitan Sewerage System from the City of Chula Vista to the Lakeside Sanitation District, under the terms and conditions set forth in the Agreement on file in the office of the City Clerk as Document No. RR- 263754 ~ Î- BE IT FURTHER RESOLVED, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, the Sixth Amendment to the Sewage Disposal Agreement of 1960 with the City of Chula Vista for the transfer of the Metropolitan Sewerage System capacity rights, under the terms and .......- -PAGE 1 OF 3- ~- \ \~~~ conditions set forth in the Sixth Amendment to the Agreement on file in the office of the City Clerk as Document No. RR- 263754-:) BE IT FURTHER RESOLVED, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, the Third Amendment to the Sewage Disposal Agreement of 1960 with the Spring Valley Sanitation District for the transfer of the Metropolitan Sewerage System capacity rights, under the terms and conditions set forth in the Third Amendment to the Agreement on file in the 263754 -.if- office of the City Clerk as Document No. RR- BE IT FURTHER RESOLVED, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, the Fourth Amendment to the Sewage Disposal Agreement of 1974 with the Alpine Sanitation District and the Lakeside Sanitation District for the transfer of the Metropolitan Sewerage System capacity rights, under the terms and conditions set forth in the Fourth Amendment to the Agreement on file in the office of 263754 -!5 the City Clerk as Document No. RR- BE IT FURTHER RESOLVED, that the City Manager be and he is hereby authorized and empowered to consent, for and on behalf of said City, to an agreement between the Lakeside Sanitation District and California Scene, Inc. for a sewer connection to the District for sewage originating outside the boundaries of the .. . -PAGE 2 OF 3- ~_\\~s1 District, under the terms and conditions set forth in the Agreement on file in the office of the City Clerk as Document No. RR- 263754~ APPROVED: John W. Witt, City Attorney By ~ Ted Bromf~e d Chief Deputy C'ty Attorney TB:js:453 7/8/85 Or .Dept:W. Util. R-86-4l Form=r.auagr ~_\\t'51 -PAGE 3 OF 3- Passed and adopted by the Council of The City of San Dego on by the following vote: YEAS: Mitchell, Cleator, M:::Coll, Jones, Gotch, Martinez,M:lyor jiedgecock. JUL 2 9 1985 , NAYS: None. NOT PRESENT: Stru:iksrra . DISTRICT 7: Vacant AUTHENTICATED BY: ROGER HEDGECOCK Mayor of The City of San Diego, California CHARLES G. ABDELNOUR City Clerk of The City of San Diego, California (SEAL) By: MAYDELL L. PONTECORVO . Deputy I HEREBY CERTIFY that t e above and foregoing is a full, true and correct copy of RESOLUTION NO. - 263754 the Council of The City of San Diego, California on J\jr2d91~oPted by . CHARLES G. ABDELNOUR City Clerk of The City of San Diego, California (SEAL) By: ~I j', ~~ . Deputy ~_\\'6S1