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HomeMy WebLinkAboutReso 1984-11610 RESOLUTION NO. 11610 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BETH TORAH CONGREGATION ALLOWING EXTENSION OF SEWER SERVICE BEYOND CITY BOUNDARY 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 BETH TORAH CONGREGATION, allowing extension of sewer service beyond City boundary, dated the 1st day of May , 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 RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to record this agreement in the office of the San Diego County Recorder once the extension of sewer service is approved by the City of San Diego. Presented by Approved as to form by I /' / n P. Llppltt, City ngineer ~7 F l~2/"l/ oma~ J. Harron, City , //At torney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF iULA VISTA, CALIFORNIA, this 1st 84 . by the following vote, to_it: Cox, Moore, McCandliss, Scott, Malcolm day of May rES: Councilmen ~YES; Councifmen 3STAI N: Cou1cifmen 3SENT: Councilmen None None None ~4 /!~ Mayor ~ City of Chula Vista "TESTK,"nu// ';/}J ~b~ ./ City Clerk -ATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) ss. ry OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, ) HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11610 ,and that the same has not been amended or repealed. ,TED (seal) City Clerk ;-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BETH TORAH CONGREGATION REGARDING SEWER SERVICE AND ANNEXATION This Agreement is hereby dated and effective this 1st day of May 1984, and is BY AND BETWEEN BETH TORAH CONGREGATION of CHULA VISTA, INC. (hereinafter referred to as "Owners") AND CITY OF CHULA VISTA (hereinafter referred to as "Chu1a Vista") RECITALS A. The Beth Torah Congregation of Chula Vista, Inc. is the owner of property i denti fi ed as Tax Assessor I s Pa rcel #570-220-33 in uni ncorporated territory near to the Chula Vista boundary. Such owner submitted written request dated 3-2-84 to the City Engineer of Chula Vista requesting permission to connect to the City's sewer system. B. Council Policy 570-02 adopted July 5, 1983, sets forth conditions under which property beyond the City boundary may be permitted sewer service. C. Assurances required of an appl icant owner under Council Pol icy 570-02 necessitate that such appl icant owner enter into formal agreement with Chula Vista prior to making connection to the Chula Vista sewer system. COVENANTS 1. The Owners and their successors in interest hereby agree that any .sewer connection between Tax Assessors Parcel #572-220-33 and the Chula Vista sewer system may be disconnected at the option of Chula Vista in the event that the Owners or thei r successors in interest object to annexat i on of said parcel to Chula Vista. The Owners and their successors in interest agree to pay in full the cost of any di sconnecti on from sewer of t.he subject property. 2. The cost of any sewer facil ity constructed to serve the subject property shall be borne in total by the Owner. All facilities so constructed shall be built inconformity with City standards and shall to the extent determined by the City Engineer be dedicated to the City for public sewer purposes. ,;(Z ~//6/~ 3. The Owner shall pay all applicable charges related to connecting to sewer as levied by Chula Vista. In addition, the Owner shall pay a sewer capacity charge to the City which is equivalent to the prevalent sewer capacity charge imposed by the Spring Valley Sanitation District or $1,000 per Equivalent Dwelling Unit, whichever is greater. 4. The Owner shall pay any costs, fees or charges by any governmental agency other than Chula Vista which are relative to and/or necessitated by the proposed construction. 5. The Owner agrees not to oppose any current or future procedures to annex his or adjacent properties to Chula Vista. 6. No construction of sewer facil it i es shall be undertaken unl ess and until written approval of that construction has been received by the City Engineer from the City of San Diego pursuant to the terms of the Sewage Disposal Agreement of 1960. 7. The owner agrees that upon connecti on to the Chul a Vi sta sanitary sewer the property shall be subject to any appropriate ongoing Chula Vista sewer service charge and/or any Chula Vista sewage pumping charge as may be appl icable. OWN~ o 10n CITY OF CHULA VISTA By: ~ B .L~JJl,;#;Lc~ 1 Y er WPC 0965E -2- IC~I/'IJ E)(IIIl3/7 An \ ;~ECr::i .(i:~L II , :I'T v (:f: Cf.::~II.,,:\ V:;~l: ':-rJ:~:t~r:~~ ~: -: ':t:",~:' BETH TORA~:FJi!YzGfr!9Yf\ TJON 380 Telegraph Canyon Road Chula Vista, CA 920 I I (714) 427.9820 Narch 2, 198'. CITY OF CHULA VISTA Dcuartment or Puhlic ,iorks. C'ty Enp;i!1cer: ~Ir. Jot", 1'. Lippit As per conversation held on February 29, regard'lnp; the interest o[ this Cnl1grep;ati.o!1 to bU.lld a synagogue in a property sc1,io, ni llg the City of Chula Vista an(\ i 11 the need of hav; ng a(lequate services as well as all utilies for present and futures requirements I,e 1lCre by formaly request: To alloh' us to connect to your sewer system and even.tualy to be 'ncor- poratetl to the City. We hope that our petition will be well seen and hear~ for the benefit of the community as I,ell as th's congregation, since mos t of the farn'j Ji es at tCIHl i 11f!; serv ~ cc: in Ollr present hl1 i J (1; 11,!!; are 'esJr'ci'ts of the City f)f Chula Vista. ~-11610 @ G9 t:: ){. rf' ,- ~, ;,~ I . f," " ,. - CITY or, - --.;.- ~ ~ -..i~. 51-\\. \ <)...:..,,::, 4 CO~ ,..\I Q~ . \ \ C 98 Q5E . EI/t3-N \ s --/";j,~ I~/.'D , " ~ ~ to,; , @ \.5::, 161 ~I \! 0.> JOI-r @ 02 p.C I. . o. ~ ~ ATE INiERST 805 , ~ ~~ 11- 805 SO - $ : '>, @ "'!>IAC 5 1/ ~ MAP \' ROS 7 1l~llpl[J l\ /_ Ex-il/73IT C c 0 U N elL POL ICY CI1Y OF GUA VISTA SUBJECT SEWER SERVICE TO PROPERTY NOT WITHIN THE CITY BOUNDARY POLICY NLMBER 570-02 EFFECTIVE MTE 7/5/83 PAGE 1 of 2 AOOPTED BY RESOWTION NO. 11308 DATED: 7/5/83 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 applicants. A policy statement is needed to guide staff in providing logical and efficient service to the pub1ic. PURPOSE To establish a policy regarding connection to the Chula Vista sanitary sewer system by property not within the incorporated limits of the City. POll CY The City Council hereby establishes the following policy and procedures relative to connection to Chula Vista sanitary sewers by properties not within the incorporated limits of the City: 1. Any property for which connection to the Chu1a Vista sanitary sewer has been requeste~ 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 sha11 be 200 feet. 3. None of the cos t of any sewer ma in extens i on requ i red to serve property beyond the City boundary shal1 be borne by the City. Such sewer extensions shall be constructed in conformity with City standards and shall be dedicated to the Ci ty for publ ic sewer purposes in a manner approved by the City Engineer. When appropriate, such sewer extensions may be made subject to reimbursement agreement. rm:CQQ9Qj /2--llt/t? r -- ) c 0 U N elL POL ICY CIlY OF ClUA VISTA SEWER SERVICE TO PROPERTY NOT WITHIN THE CITY BOUNDARY POLICY NLMBER 570-02 EFFECTIVE DATE 7/5/83 PME SIIBJECT 2 of 2 AOOPTED BY RESOWTION NO. 11308 DATED : 7/5/83 4. The owner of property seeking connection shall pay all applicable charges related to connecting to sewer as levied by Chula Vista. In addition to all applicable Chula Vista charges the applicant shall pay a sewer capacity charge to the City which is equivalent to the prevalent sewer capacity charge imposed by the sanitation" district (Spring Valley or Montgomery) which would 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. Such document shall be presented to the City Engineer at time of payment of charges as stipulated in Item 4 above. 7. No sewer service shall be provided to any property beyond the City boundary unless and until written approval of that specific service has been received by the City Engineer from the City of San Diego pursuant to terms of the Sewage Disposal Agreement of 1960. 8. Upon connection to the Chula Vista sanitary sewer system the property so served shali be subject to any appropriate ongoing Chula Vista sewer service and/or sewage pumping charge. n :C~89gJ r2-I/b/??