HomeMy WebLinkAboutReso 1979-9841
RESOLUTION NO. 9841
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THIRD AMENDMENT TO SEWAGE DISPOSAL
AGREEMENT OF 1960 BETWEEN THE CITY OF SAN DIEGO AND
THE CITY OF CHULA VISTA, 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 Third Amendment to Sewage
Disposal Agreement of 1960 between the City of San Diego and the
City of Chula Vista, dated the 4th day of June, 1979, a copy of
which is attached hereto and incorporated herein by reference as
if set forth in full, 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.
Presented by
Approved as to form by
~
~
George
J n P. Lipp1tt,
1neer
ADOPTED AND APPROVED
CHULA VISTA, CALIFORNIA, this
by the following vote, to-wit:
Ly the CITY COUNCIL of the CITY OF
13th day of November , 197~,
AYES: Councilmen Hyde, McCand1iss, Scott, Gillow, Cox
NAYES: Councilmen None
ABSENT: Councilmen None
A~?!?v~;5.?7
C1 Y ler
L-\ )~ <UA-D.
Mayor of the Ci~y'~~a Vista
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above is
a full, true and correct copy of Resolution No. , and that the
same has not been amended or repealed. DATED
City Clerk
CO f:.J'y
THIRD AMENDMENT TO SEWAGE DISPOSAL AGREEMENT J" 1
DGCu:,:a~T NO~ 25170_
OF 1960 BETWEEN THE CITY OF SAN DIEGO
FILED .MAY 1 1980
OFFICE OF THE CITY CLERK
SAN DIEGO, CALIFORNIA
AND THE CITY OF CHULA VISTA
THIS THIRD AMENDMENT to Sewage Disposal Agreement of 1960 is made by
and between the CITY OF SAN DIEGO (hereinafter referred to as "City") and the
CITY OF CHULA VISTA (hereinafter sometimes referred to as "Participating Agency") .
RECITALS
WHEREAS, on February 8, 1961, the City of Chula Vista, under and
pursuant to the authorization contained in Resolution No. 2559 of the Resolutions
of the City Council of the City of Chula Vista, executed a Sewage Disposal Agree-
ment 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
WHEREAS, the City of San Diego, on June 1, 1961, under and pursuant to
the authorization contained in Resolution No. 164478 of the Resolutions of the
City Council of the City of San Diego, executed said Sewage 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
WHEREAS, the original of said Sewage Disposal Agreement of 1960 and
Supplement to the Sewage Disposal Agreement of 1960 are on file in the office of
City Clerk as Document Nos. 625435 and 630491 respectively; and
WHEREAS, the City of San Diego and the City of Chula Vista, on August. 1,
1962, executed a First Amendment to Sewage Disposal Agreement of 1960, pursuant
to Resolution No. 176057 of the Resolutions of the City Council of the City of San
Diego, an9 Resolution No. 3022 of the Resolutions of the City Council of the City of
Chula Vista, the original of which is on file with the City Clerk as Document No.
657587; and
R-9841
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WHEREAS, the City of San Diego and the City of Chula Vista, on December 1,
1962, executed a Second Amendment to Sewage Disposal Agreement of 1960, pursuant
to Resolution No. 181654 of the Resolutions of the City Council of the City of
san Diego, and Resolution No. 3197 of the Resolutions of the City Council of
the City of Chula Vista, the original of which is on file with the City Clerk
as Document No. 677599; and
WHEREAS, since the execution of said agreement and supplement, and first
and second amendments thereto, the City of Chula Vista has entered into an agree-
ment with the Spring Valley Sanitation District whereby the City of Chula Vista
desires to transfer to the Spring Valley Sanitation District 1.00 million gallons
per day of the capacity which it has leased from the City of San Diego, and the
Spring Valley Sanitation District desires to assume the obligations for the payment
of money in connection with the 1.00 million gallons per day capacity which will
be transferred to it; and
WHEREAS, in order to accomplish said transfer, 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 1.00 million gallons per day
capacity to the Spring Valley Sanitation District; and
WHEREAS, the City of San Diego and the City of Chula Vista are authorized
to contract with each other for the joint exercise of any common power under
Article 1, Chapter 5, Division 7, Title I of the Government Code of the State of
California;
NOW THEREFORE, the city of San Diego and the City of Chula Vista 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 the Spring Valley Sanitation District of the capacity hereinafter
mentioned ana the assumption by the Spring Valley Sanitation District of that
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of the payments and obligations relating to the said 1.00 million
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 in 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 22.10 million gallons per day average flow by the amount of 1.00
million gallons per day; that after such reduction the obligations of the City
and the Participating Agency shall relate to an average flow of 21.10 million
gallons per day, unless increased or decreased by other provisions of the Sewage
Disposal Agreement of 1960.
The provisions of Section 21 "Permitted Flow" of the Sewage Disposal
Agreement of 1960 shall be amended to provide that the Participating Agency
shall have the right to discharge peak flow into the Metropolitan Sewerage
System not to exceed 49.1 cubic feet per second, and the 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 and
Section 22 of the Sewage Disposal Agreement of 1960 taking into consideration
the decrease from 22.10 million gallons per day flow to 21.10 million gallons
per day average flow and shall be determined as set forth in the document
entitled "Revised Capacity Service Charges for Transfer of 1 Million Gallons
per day of Capacity from the City of Chula Vista to the Spring Valley Sanitation
District" attached hereto and by this reference made a part hereof as Exhibit A.
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section 3.
Adjustment of Capacity Service Between Participating
The provisions of this Third Amendment to Sewage Disposal Agreement of
are executed pursuant to the provisions of Section 22 entitled, "Adjustments
of capacity Service Between Participating Agencies," of the Sewage Disposal
The City finds and determines that the transfer of 1.00
day of average flow from the Participating Agency to the
Sanitation District will not unbalance the Metropolitan Sewerage
to the detriment of the City or other Participating Agencies.
The transfer of the capacity service from the Participating Agency to
Spring Valley Sanitation District and the adjustment of the obligations
the participating Agency in relation to such transfer shall be effective
of June 4, 1979.
Section 4.
Effect of Amendment
The provisions of 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 Third Amendment, except as such are specifically amended
Section 5.
Date of Amendment
The date of this Third Amendment is June 4, 1979.
IN WITNESS WHEREOF, this amendment is executed by the City of San Diego,
by and through its City Manager pursuant to Resolution No. 9841
authorizing such execution, and by the City of Chula Vista.
THE CITY OF CHULA VISTA
By W.vLQ < (, \AABo
MAYOR ~
APPROVE the form and legality of the foregoing agreement this 13th
day of
November
19~.
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EXHIBIT A
REVISED CAPACITY SERVICE CHARGES FOR TRANSFER OF
1 MILLION GALLONS PER DAY CAPACITY FROM THE CITY
OF CHULA VISTA TO THE SPRING VALLEY SANITATION DISTRICT
spring Valley City of San Diego
City of Sanitation and other partici-
chula vista District patinq aqencies Totals
Allocation
Gallons per Day 22.10 6.00 205.82 233.92
of Total 9.44767 2.56498 87.98735 100.00000
& Expense $10,694,935 $2,903,604 $99,603,288 $113,201,82
$267,373 $72,590 $2,490,083 ~ $2,830,04
d Allocation*
n Gallons per Day 21.10 7.00 205.82 233.92
of Total 9.02018 2.99247 87.98735 100.00000
& Expense $10,211,001 $3.387,538 $99,603,288 $113,201,82
1 Amount $255,275 $84,688 $2,490,083 $2,830,04
1 Reduction For
al Grant Credi 1;; $12,706 $12,707 $83,365 $108,77E
sed Annual Charge $242,569 $71,981 $2,406,718 $2,721,26E
Total cost per 1.00 million gallons per day of capacity:
1.00 .;. 233.92 ($113,201,827) = $483,934
$483,934 ; 40 years = $12,098
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RESOLUTION No.
If _ <)""'1'-101
7L NV t " -
(R-80-618
.L\.PR 28 1980
Adopted on
,.
'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 Third Amendment to Sewage Disposal Agreement of 1960
Between The City of San Diego and The City of Chula Vista,
under the terms and conditions set forth in said Third
Amendment to Agreement on file in the office of the City
J?J_ 0r::'1"){\.1 '/
Clerk as Document No. 7<..7.,......0 '" -
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, a First Amendment to Sewage Disposal
Agreement of 1960 Between The City of San Diego and the Spring
Valley Sanitation District, under the terms and conditions set
forth in said
First Amendment to Agreement on file in the
Ci ty Clerk as Document No. -I!1e- 251'701 - .(...
office of the
B
APPROVED: JOHN W. WITT,
CMF:vl:453
9/27/79
Or. Dept.: Water Util.
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Passed and adopted by the Council of The City of San Diego
on
APR 28 1980
, by the following vote:
YEAS: Mitchell, Cleator, Lowery, Williams, Schnaubelt, Gotch, Stirling,
and Killea.
NAYS:
None.
NOT PRESENT:
Mayor Wilson.
AUTHENTICATED BY:
PETE WILSON
Mayor of The City'of San D~ego, California.
CHARLES G. ABDELNOUR
City Clerk of The City of San Diego, California.
(SEAL)
By
RITA ANDREWS
, Deputy.
I HEREBY CERTIFY that the above and
fo;e:~~;;OlfUll ,
true and correct copy of RESOLUTION NO.
passed and adopted by the Council of The City of San Diego,
California, on
APR 28 19AO
CHARLES G. ABDELNOUR
City Clerk of The City of San Diego, California.
(SEAL)
U A.v~
, -Deputy.
By
(Rev. 8/79)
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