HomeMy WebLinkAboutReso 1985-12001
RESOLUTION NO. 12001
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SIXTH 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
AMENDMENT
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 the Sixth Amendmemt to the Sewage
Disposal Agreement of 1960 between the City of San Diego and the
City of Chula Vista, 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
Chula Vista be, and he is hereby authorized and
execute said Sixth Amendment for and on behal f of
Chula Vista.
the Ci ty of
directed to
the City of
Approved as to form by
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 23rd
19 He; , by the following vote, to_it:
day of
April
AYES: Counc i 1 members McCandliss, Scott, Moore, Cox, Malcolm
NAYES: Council members None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers None
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Mayor 6Jf ta City of Chula Vista
ATTEST ~n<"" '}?J:2jih~
,y 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. 12001
,and that the same has nof been amended or repealed.
DATED
City Clerk
( seal)
CC-660
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DUPLICATE
PI ~", ,',',,')'urn To',
C:.iV.J . ,._
Kt;(;;i::.1\t
SIXTH AMENDMENT TO SEWAGE DISPOSAL AGREEMENT
Jennie M. Fubsz, City Oerk
P. 0. Box 1087
Chub Vista, California 92012
AND THE CITY OF CHULA VISTA
ilG I) ;', 1St!,
Water Utilities Services
OF 1960 BETWEEN THE CITY OF SAN DIEGO
This Sixth Amendment to the Sewage Disposal Agreement of 1960 is made
by and between the CITY OF SAN DIEGO (hereinafter sometimes 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 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
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
R-1200l
RR- 3
DOCUMENT NO. 263754-
JUL 2 9 1985
fIl E D ..___
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OffICE Of THE CITY ClERK
SANDlfGO. CALIfORNIA
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WHEREAS, the City of San Diego and the City of Chula Vista have
executed the following Amendments to the Sewage Disposal Agreement of
1960:
City of San Diego City of Chula Vista
Amendment Date Document Number Resolution Number
First August 1, 1962 657587 3022
Second December I, 1962 677599 3197
Third June 4, 1979 RR-251701 9841
Fourth January 9, 1984 RR-259928 11488
Fifth October 1, 1984 RR-261646 11755
WHEREAS, since the execution of said agreement, supplement and
amendments thereto, the City of Chula Vista has entered into an agreement
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
obligation for the payment of money in connection with the 1.00 million
gallons per day capacity which will be transferred to it; and
WHEREAS, the City of Chula Vista has also entered into an agreement
with the Lakeside Sanitation District whereby the City of Chula Vista
desires to transfer to the Lakeside Sanitation District 0.10 million
gallons per day of the capacity which it has leased from the City of San
Diego, and the Lakeside Sanitation District desires to assume the
obligations for the payment of money in connection with the 0.10 million
gallons per day capacity which will be transferred to it; and
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WHEREAS, in order to accomplish said transfers, 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 the .10 million gallons per day capacity to the Lakeside 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 I, 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 transfers
by the Participating Agency to the Spring Valley Sanitation District and
the Lakeside Sanitation District of the capacity hereinafter mentioned and
the assumption by said Districts of that portion of the payments and
obligations relating to the total of 1.10 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 in Capacity Service
The provisions of Section 4 of the Sewage Disposal Agreement of 1960
as amended by and between the city and the Participating Agency shall be
altered and amended by reducing the 18.20 million gallons per day average
flow by the amount of 1.10 million gallons per day; that after such
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reduction the obligations of the City and the Participating Agency shall
relate to an average flow of 17.10 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 39.7 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 18.20 million gallons per day flow to
17.10 million gallons per day average flow and shall be determined as set
forth in the document entitled "Revised Capacity Service Charges for
Transfer of Sewerage Capacity from the City of Chula Vista to the Spring
Valley Sanitation District and the Lakeside Sanitation District" attached
hereto and by this reference made a part hereof as Exhibit A.
Section 3. Adjustment of Capacity Service Between Participating
Agencies
The provisions of the Sixth Amendment to Sewage Disposal Agreement of
1960 are executed pursuant to the provisions of section 22 entitled,
"Adjustments of Capacity Service Between Participating Agencies," of the
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Sewage Disposal Agreement of 1960. The City finds and determines that the
transfers of 1.00 million gallons per day of average flow from the
Participating Agency to the Spring Valley Sanitation District and 0.10
million gallons per day of average flow to the Lakeside Sanitation
District will not unbalance the Metropolitan Sewerage System to the
detriment of the City or other Participating Agencies.
The transfers of the capacity service from the Participating Agency to
the Spring Valley Sanitation District and the Lakeside Sanitation District
and the adjustment of the obligations of the Participating Agency in
relation to such transfer shall be effective as of July 1, 1985.
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 Sixth Amendment, except as such are specifically
amended herein.
Section 5. Date of Amendment
The date of this Sixth Amendment is July 1, 1985.
IN WITNESS WHEREOF, the City of Chula Vista has caused this instrument
to be executed by its respective officials, pursuant to Resolution No.
12001
executed by
pursuant to
adopted by its governing body, and this instrument is
the City of San Diego, acting by and through its City Manager,
Resolution NO.((- ~f):J~!)4i authorizing such execution.
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THE CITY OF SAN DIEGO
THE CITY OF CHULA VISTA
By
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USISTANT TO THE CITY MANAae..
Assistant City Manager- -----
By
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· Maybr
I HEREBY APPROVE the form and legality of the foregoing agreement this
24th
day of April
1985,
CITY ATTORNEY
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(R-86-4l)
ADOPTED ON
263754
JUL 2 9 1985
RESOLUTI0N-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
conditions set forth
the City Clerk as Document No. RR-
in the Agreement on file in the
263754 -: /
office of
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 --: I.-
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-
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conditions set forth in the Sixth Amendment to the Agreement on
-
file in the office of the City Clerk as Document No.
RR-
26375~ .....3
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 office of the City Clerk as
Document No. RR- 263754 --. J./
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
,....
RR- 263754--:5
the office of
the City Clerk as Document No.
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
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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 -:(P
APPROVED: John W. Witt, City Attorney
By
TB:js:453
7/8/85
Or.Dept:W.Util.
R-86-41
Form=r.auagr
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JUL 29 1985
Passed and adopted by the Council of The City of San Dego on
by the following vote:
YEAS: Mitchell, Cleator, ~oll, Jones, Gotch, Martinez, Mayor Redgeccx::k.
NAYS: None.
NOT PRESENT:
Struiksna .
DISTRIcr 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 the above and foregoing is a full, true and correct
copy of RESOLUTION NO. ; - 263754 , passed and adopted by
the Council of The City of San Diego, California on JUL 2 9 1985 .
CHARLES G. ABDELNOUR
City Clerk of The City of San Diego, California
(SEAL)
By: ~ /: I~ . Deputy