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HomeMy WebLinkAboutReso 1984-11860 RESOLUTION NO. 11860 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LAKESIDE 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 LAKESIDE SANITATION DISTR~CT relating to transfer of Metropolitan Sewerage System capacl. ty dated the 18th 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 ity 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 AYES: Councilmen NAYES: Councilmen ABSTAIN: Councilmen ABSENT: Councilmen None None None J¿{¡J ¡¿ c,. Mayor t City of Chula Vista ATTEST ~{Ørf!~ (:/ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 11860 ,and that the same has not been amended or repealed. DATED (sea ) City Clerk CÇ-660 DOCUME~f ;Æ63754- · fIUD__ JU.t~ OffICE Of THE CITY .. AffiEEMENT TO PURCHASE 0.1 MILLION GALLONS PER DAY SAN ·DlE60. CAlIfOQI'IIA OF METROPOLITAN SEWERAGE SYSTEM (METRO) CAPACITY FROM THE CITY OF CHULA VISTA BY THE LAKESIDE SANITATION DISTRICT DUPLICATE ~ ~ffiEf!f is hereby dated and effective this Of~ ' , and is by and between LAKESIDE SANITATION S R (hereina ter re erre to as "Lakeside") and CITY OF CHULA VISTA (hereinaft.er . referred to as "Chula Vi sta"). ì<, I:: C t IV 1:. LÌ RECITALS ¡lUG 0 8 1985 i n the ~.oUtB!titte~rvices million gallons per A. Lakeside desires to obtain capacity rights to accommodate its 10ng-tenn needs in the amount of 0.1 day (MGD). B. Chul a Vi sta is wi 11 i ng to se 11 0.1 MGD of its excess Metro capacity to Lakeside. C. Section 22 of the "Di sposal Agreement of 1960" permits adjustments of capacity between participating agencies. D. The transfer and/or sale of Metro capacity is detenni nation by the Ci ty of San Di ego that the proposed unbalance the Metro System to the detriment of San ~articipating agencies. NOW, THEREFORE, i ncorporat i ng the rec ital s of facts set forth above, and in consideration of the mutual covenants contained herein, the parties hereto agree as follows: conti ngent upon change wi 11 not Di ego or other COVENANTS 1. Chula Vista agrees to transfer to Lakeside one-tenth million ga 11 ons per day (0.1 MGD) of capac ity in the Metro system provi ded that such transfer is consented to by the Ci ty of San Di ego. 2. Annual Payment to Chu1a Vista. Lakeside will make annual cash payments to Chula Vi sta in the amount of $5,270.00 for a period of approximately 19 years. Payments shall be made on a fiscal year basis with the fi scal year runni ng from July 1 through the next June 30. The fi rst payment, representing a partial fiscal year, shall be made within 30 days after approval of the transfer of capacity by the City of San Diego in accordance with Section 22 of the "Di sposal Agreement of 1960". Thereafter, each fi scal year payment shall be made by February 1 st and shall conti nue until the Year 2004. The payment made in 2004 shall be a partial year payment representi ng the months of July and August of 2003. Transfer of ownership for this 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. Lakeside will additionally assume the annual capacity payment to Metro (San Diego) of $12,098.00 per million gallons of capacity. This equates to an annual payment of $1,210.00 for 0.1 million gallons of capacity. These payments will become effective on the same I<. _/i'j6D (;v¡',ikÞ.CTNO.~":?-E date as the fi rst payment to Chul a Vi sta is made and wi 11 conti nue unti 1 C'ebruary of Year 2004. The first annual payment due to Metro shall be prorated on the basi s of time of ownershi p 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, Lakeside may elect to make a lump sum payment of the then-c urrent present worth of the remai ni ng unpa i d annual payments to Chul a Vi sta. The amount of such 1 ump sum payment shall be calculated on the basis of a uniform series for the remaining life of the agreement and at 8'.1', compound interest. Uti li zati on of thi s alternati ve form of payment to Chula Vista shall not modify Lakeside's obligation to make annual payments to San Diego. The Lump Sum Present Worth may be pai d at any time duri ng the 1 i fe of the agreement. The determi nati on of Present Worth shall be based on the formula: Present Worth = Annual Payment x Present Worth Factor (PIA) for the appropriate number of interest periods (n). The number of interest periodS (n) shall be equivalent to the number of 365 day peri ods between the second day of February imrnedi ately preceding the determination of Present Worth and August 31, 2003. The Present Worth factor (PIA) shall be determined from the table below. Values of PIA IJetween the interest periods shown in the the table shall be assumed to be .haracterized by straight-line variation between any two applicable adjacent present worth factors. Pre se nt Worth Factor PIA Interest Period (n) 0.926 1.783 2.577 3.312 3.993 4.623 5.206 5.757 6.247 6.710 7.139 7.536 7.904 8.244 8.559 8.851 9.122 9.372 9.604 9.818 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 \\"6iP ~- - 2 - -~---------,-_.,_..~~.-.__.__..,---~.~_._~-_._._-~--~.~---------_. ---.,. -..-- 5. In the event that the capacity transfer is denied by the City of ~an Diego, any cash payment made under the provisions of Items 2 or 4 above, "ill be returned to Lakeside by Chula Vista. 6. Chu1a Vi sta agrees to execute a modification of the aforementioned Sewage Di sposa1 Agreement of 1960 whereby its capacity specified in said Agreement will be reduced by 0.1 million gallons per day, and further agrees that the City of San Diego may lease said 0.1 million gallons per day to Lakeside upon substantially the same terms and conditions as are set forth in said Sewage Disposal Agreement of 1960. 7. Chu1a Vista and Lakeside hereby request the City of San Diego to prepare the appropriate modifications to the Sewage Di sposal Agreements of 1960 for execution by Chula Vista and by Lakeside. 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 parties understand that time is of the essence in the completlon 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 by modificati on in writi ng, executed by both parti es to thi s ~greement. 11. Partial Invalidity. If any term, covenant, condition or provision of this 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, unless said invalidated term, covenant, condition, or provision materially 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 conditions contained herein shall apply to, inure to the benefit of, and bind the heirs, successors, executors, administrators and assigns of the parties hereto. 13. Arbi tration of Di sputes. Any controversy or cl aim 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 accordance with the California Arbitration provi$ions contained in Code of Civil Procedure Section 1280, et seq., as amended from time to time. The arbi trator or arbitrators shall determi ne the ri ghts 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 ne matter, whether or not any mistake of the law shall appear on the face of ~he 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 .... ~_ \\tbO - 3 - conclusive. Each party shall be entitled to written findings of fact and 'onclusions of law as to all issues determined by the award. Subject to the ~bove 1 imitations, the award granted by the arbitrator shall be bi ndi ng 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 capaci ty is deni ed by the City of San Di ego; or B. upon submission of the final (2004) annual payment to Chula Vista by Lakeside; or C. upon submi ssi on of the a lternati ve si ngl e cash payment to Chula Vista by Lakeside. 15. The effective date of thi s agreement shall be the date of its approva 1 by ei ther Chul a Vi sta or Lakesi de, whi chever is the last to so approve. IN WITNESS WHEREOF, the undersi gned have executed thi s Agreement as of the day and year first above written. ':ITY OF CHULA VISTA By' ~ l~ Mayor 0 e ity of u a Vl sta Att.,,~~~~ 1 ty er LAKESIDE SANITATION DISTRICT By: ~ #}. f¡~~~d ¡;Ie 0 e Board 0 Dlrec ors By: f~f~~ . . ,vc(j IOIòIi ~T TO THE 'ITV MANAGEA " _. ~PPROVED BY. ]'HE DISTRICT. BOARD OF. DIRECTO\l.S JJ h . J ,--/ DEC1819B41ß,~ ~A-~~ APPROVAL OF TRANSFER BY CITY OF SAN DIEGO CLF:RK OF THE DISTRICT BOARD OF DIRECTOR~ WPC 1306E - 4 - dH.. \'(1..0 ~-\ R -- 263754 (R-86-41) RESOLUTION NUMBER R- 263754 ADOPTED ON ~ 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 conditions set forth in the Agreement on file in the office of as Document No. RR- 263754-! the City Clerk 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--:). 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 \~'oÙ ~-\ -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 -.4 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 the City Clerk as Document No. RR_263754 _S 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 1..° ~.\\~ -PAGE 2 OF 3- District, under the terms and condïtions 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 Brom J.eld Chief Deputy C'ty Attorney TB:js:453 7/8/85 Or.Dept:W.Util. R-86-41 Form=r.auagr \ ~ ~'D 8--' -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, Mayor Hedgecock. JUL 29 1985 , NAYS: None. NOT PRESENT: StruÏksrra. 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 copy of RESOLUTION NO. the Council of The City of San Diego, California on e above and foregoing is a full, true and correct - 263754 passed and adopted by JU.L 29 1985 ............ CHARLES G. ABDELNOUR City Clerk of The City of San Diego, California (SEAL) By: ~.LU_ ý. ¡P~ , Deputy . . . - . ".... -. ...--...... \\~lP ~-