HomeMy WebLinkAboutReso 1963-3022
RESOLUTION No. 3022
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RESOLUTION APPROVING THE EXECUTION OF FIRST AMENDMENT
TO SEWAGE DISPOSAL AGREEMENT OF 1960
WHEREAS, the City of Chula Vista has entered into an
agreement with the Montgomery Sanitation District for the transfer
of four (4) million gallons per day of capacity rights in the
Metropolitan Sewer which it has leased from the City of San Diego
to the said Montgomery Sanitation District, and
WHEREAS, by reason of such transfer it is necessary and
proper to amend the Sewage Disposal Agreement of 1960 between the
City of San Diego and the City of Chula Vista,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the
City Clerk of the City of Chula Vista are hereby authorized to
execute that certain agreement entitled and designated FIRST
AMENDMENT TO SEWAGE DISPOSAL AGREEMENT OF 1960 on behalf of the
City of Chula Vista, a copy of which is filed herewith.
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 5th day of
February
19-21
by the following vote, to-wit:
AYES: COUNCILMEN
NAYES: COUNCILMEN
ABSENT : COUNCILMEN
DeGraafaMcMains.McAl1i~rpr
Mpn7.pl ~mi"h
.
None
None
a-:!;a:. /p !hAr;;;#L
--~ of the City ~Chula Vista
ATTEST '/( -<-A..--<.<-<..'l-q-'(;~.L<u4t(1
. City Clerk /
STATE OF CALIF(\RNLA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
,
I
)
)
ss.
I, KENNETH P. CAMPBELL, 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
, and
that the same has not bee~ amended or repealed.
DATED:
City Clerk
TABLE OF CONTENTS
Page
1.
Reduction of Capacity
Service. . . . . . . .
. .
. 3
. . . . . .
2. Reduction of Annual Service Charge
for Capacity. . . . . . . . . . . . 4
3. Adjustment of Capacity Service Between
Participating Agencies. . . . . . . .. 4
4. Effect of Amendment.
. . .
6
6
5. Date of Amendment. . . . . .
.
.~-~
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i.
rIFST AMEr>iDHENT TO
SEWAGE DISP00AL AGREEMENT OF 1960
WHEREAS, heretofore on February 8, 1961, the
City of Chula Vista, under and pursuant to the authoriza-
tion contained in Resolution No. 2559 of the Resolutions
of the City Council of the City of C~ula Vista, executed
a Sewage Disposal Agreement of 1960 with The City of San
Diego and, pursuant to Resolution No. 2652-A, executed
a Supplement to the Sewage Disposal Agreement of 1960;
and
\1dEREAS, The City of San Diego on June 1, 1961,
under and pursuant to the authorization contained in
Resolution No. 164478 of the Resolutions of t~e City
Council of The City of San Diego, executed said Sel/age
Disposal Agreement of 1960 with the City of Chula Vista
and, pursuant to Resolution No. 167436, executed a
Supplement to the Sewage Disposal Agreement of 1960; and
'.JHEREAS, since the execution of said agreement
and supplement, the City of Chula Vista has entered into
an agreement with the Montgomery Sanitation District
whereby the City of Chula Vista desires to transfer to
the Montgomery Sanita~ion District four (4.0) million
gallons per day of the capacity which it has leased
from The City of San Diego, and the 11ontgomery Sani ta-
tion District desires to assume the oblisations fOr the
COGiS- C 1'1
payment of money in connection with the 4.0 million
gallons per day capa~ity which will be transferred to
it; and
")HEREAS, in order to accomplish said trans-
fer, it is necessary to relieve the City of Chula Vista
of that portion of its obligations under the Sewage
Disposal Agreement of 1960 relating to the transfer of
the 4.0 million gallons per day capacity to the Mont-
gomery Sanitation District; and
l,mEREAS, The City of San Diego and the City
of Chula Vista are authorized to contract with each
other for the joint exercise of anv ~ommon power under
Article 1, Chapter 5, Division 7, Title I of the Govern-
ment Code of the State of California;
NOIJ, THE!'.ErORE,
THE CITY OF SAN DIEr,O
AND
THE CITY OF CHULA VISTA
(Hereinafter sometimes referred to
as "The Participatinq Agency")
for and in consideration of the mutual covenants and
agreements hereinafter stated and the performance
thereof, and in consideration of the transfer by The
Participating Agency to ~ontgomery Sanitation District
of the capacity hereinafter mentioned and the assumption
by the Montgomery Sanitation District of that portion of
-2-
the payments and obligations relating to the said
4.0 million gallons per day capacity and, for other
valuable and adequate consideration, do promise and
agree, for and on behalf of themselves and their
successors in interest, as follows:
Section 1. Reduction of Capacity Service.
The provisions of Section 4 of the Sewage
Disposal Agreement of 1960 by and between the City and
The Participating Agency shall be altered and amended
by reducing the 26.2 million gallons a day average
flow by the amount of 4.0 million gallons per day; that
after such reduction the obligM.tiOl.~ of City and The
Participating Agency shall relate to an average flow
not to exceed 22.2 million gallons a day, unless in-
creased or decreased by other provisions of the Sewage
Disposal Agreement of 1960.
Attached hereto and made a part hereof is
Exhibit "I-I" entitled, "San Diego Metropolitan
Sevlerage System and Participating Areas," which said
Exhibit "I-I" shall be substituted in the place and
stead of Exhibit "I" and used for all purposes for
which said Exhibit "I" was used in the Sewage Disposal
Agreement of 1960 and supplement thereto.
The provisions of Section 21 "Permitted Flow"
of the Sewage Disposal Agreement of 1960 shall be
-3-
amended to provide that The Participating Agencv shall
have the right to di~charge peak flow into The Metro-
poli tan Sewerage System not to exceed 51. 5 cubic feet
per second, and City shall have the obligation to
receive such peak flow from The Participating Agency.
Section 2. Reduction of Annual Service
Charge for Capacity.
The annual service charge payable by The
Participating Agency to the City for each fiscal year
shall be computed as determined in Section 8 of the
Sewage Disposal Agreement of 1960, taking into con-
sideration the reduction from 26.2 '"illion gallons per
day average flow to 22.2 million p,allons per day
average flow.
Attached hereto and made a part hereof is
Exhibit "IV-I" entitled, "Statement of Proportions of
Estimated Total Cost and Expense of the Acquisition
and Construction of the '1etropoli tan Se'.Terage System,
of the Various Partici Dating Agencies," vlhich said
Exhibit "IV-I" shall be substituted in the place and
stead of Exhibit "IV" and used for all purposes for
which said Exhibit "IV" was used in the Sewage Disposal
Agreement of 1960 and supplement thereto.
Section 3. Adjustment of Capacity Service
Between Participating Agencies.
The provisions of this First Amendment to
-4-
Disposal Agreement of 1960 are executed pursuant
to the provisions of Section 22 entitled, "Adjustment
of Capacity Service Between Participating Agencies," of
the Sewage Disposal Agreement of 1960. The City finds
and determines that the transfer of ~.O million gallons
per day average flow from The Participating Agency to
the Honteomery Sanitation District will not unbalance
the Metropolitan Sewerage System to the detriment of
the City or other Participating Agencies.
The transfer of the capacity service from The
Participating Agency to the Montgomery Sanitation Dis-
trict and the adjustment of the oblig~tions of The
Participating Agency in relation to such transfer shall
be effective with the execution of this First Amendment.
In the event that the said Montgomery Sani-
tation District shall be obligated to retransfer or
reconvey to The Participating Agency the said ~.O million
gallons per day of capacity service, as provided in
Paragraph ~ of the "Agreement for Transfer of Capacity
Rights in San Diego Hetropolitan Sewage System" between
the said Montgomery Sanitation District and the City of
Chula Vista, The City of San Diego hereby agrees and
consents to such retransfer provided that the retransfer
otherwise meets the requirements of the Sewage Disposal
Agreement of 1960.
-5-
Section 4. Effect of Amendment.
The provisions of the Sewage Disposal Agree-
ment of 1960 and the Supplement to the Sewage Disposal
Agreement of 1960 by and between the City and The
Participating Agency shall be and remain unaffected
by the provisions of this First Amendment, except as
such are specifically amended herein.
Section 5. Date of Amendment.
The date of this First Amendment is August
1, 1962.
IN WITNESS WHEREOF, The Participating Agency
has caused this instrument to be execlted by its
respective officials, pursuant to Resolution No.
adopted by its governing body, and this
instrument is executed by The City of San Diego, act-
ing by and through its City Manager, pursuant to
...1't-"":.i,A""";'If-"_
Resolution No. JL I'UU;::'? authorizing such execution.
Date of Signing:
THE CITY OF SAN DIEGO
,1963
By
Approved as to Form
and Legality this I 7
day of
A5Si5tdQ'i
, 1963
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Date of Signing:
ff..e/J--, t
f J
,1963
Approved as to Form
and Legality this '74
day of EJJ-1",.-,u1(f' 1963
~
ty Attorney 0
f Chula Vista,
THE CITY OF CHULA VISTA
(The Participating Agency)
By dj{4cIj)9f~~
ayor
Attested:
~~~~~cu~~
C~ty erk of the CLty 0
Chula Vista, California
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THE CITY OF SAN DIEGO, CALIFORNIA
EXHIBIT "IV_I"
STATE!"!EHT OF PROPORTIONS OF ESTP1ATED TOTAL COSTS AND EXPENSES
OF THE ACQUISITION AND CONSTRUCTION OF THE METROPOLITAN
SE'..JERAGE SYSTE~1, OF THE VARIOUS PARTICIPATING AGENCIES
1'hll~on
r-allons
a Day
of Chula Vista
22.20
of Coronado 3.00
of El Cajon 10.00
of Imperial Beach 3.00
of La Mesa 6.00
of National City 8.00
.emon Grove Sanitation
District 2.80
Montgomery Sanitation
District 4.00
~olando Sanitation
. District .30
Spring Valley Sanitation
, District 6.00
Total Capacity
Service Propor-
tions of the Other
Participating
Agencies 65.30
City of San Diego 168.62
Total Designed
Capacity and Costs
and Expenses 233.92
CAPACITY SERVICE PROPORTIONS
Percentage
of Total
Total Amount
9.49042
1. 28249
$ 10,592,102
1,431,366
4.27497
4,771,224
1.28249
1,431,366
2,862,732
2.56498
3.41997
3,816,972
1.19699
1,335,941
1.70999
1,908,492
.12825
143,138
2.56498
2,862,732
27.91553%
$ 31,156,065
72.08447%
80,452,295
100.00000%
$111,608,360
Except as to the "Participating Agency"
with whom this contract is made, the Capacity
Service Proportions are approximate only.
Annual
Amount
$ 264,803
35,784
119,281
35,784
71,568
95,424
33,399
47,712
3,578
71,568
$ 778,901
2,011,308
$2,790,209
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RESOLUTIOI~ NO.
" " '"d,: i 1. 'I' ,":,?,
,~ t"'1r'n to:" H. ",'_
JL,{Olid I
WHEREAS, the City of Chula Vista and Montgomery Sani-
tation District have executed an agreement by which the
City of Chula Vista has transferred to the Montgomery Sani-
tation District ~.O million gallons per day capaoity in San
Diego Metropolitan Sewerage System; and
WHEREAS, the First Amendment to the Sewage Disposal
Agreement of 1960 is required to be executed, by which the
capacity reserved to the City of Chula Vista in said Metro-
politan Sewerage Syetem shall be reduced by 4.0 million
gallons per day; NOW, THEREFORE,
BE IT RESOLVED, by the Council of The City of San Diego,
as follows:
That the City Manager be, and he is hereby authorized
and empowered to execute, for and on behalf of said City, a
First Amendment to Sewage Disposal Agreement of 1980 between
The City of San Diego and tho City of Chula Vista, reducing
the capacity right of the City of Chula Vista by ~.O million
gallons per day, under the terms and conditions set forth in
the form of agreement on file in the office of the City Clerk
!C',:-f:.{'~
{C,y".~
as Document No.
-
.
Presented by
-,
APPROVED: ALAN H. FIRESTONE. CITY ATTORNEY
By
C1 ty- Attorney
1-:3 Oc? '-
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Passed and adopted by tbe Council of The CU,] of' San Diqr,o O{,
iltlliL.ll. 196;', by the following vete:
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