HomeMy WebLinkAboutReso 1983-11488
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RESOLUTION NO. 11488
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING FOURTH A~illNDMENT TO THE SEWAGE DISPOSAL
AGREEMENT OF 1960 BETWEEN THE CITY OF CHULA VISTA AND
THE CITY OF SAN DIEGO, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID A!~NDMENT
The City Council of_the City of Chula ,Vista does hereby
resolve as follows:
WHEREAS, in April, 1982, Chula Vista entered into an agree-
ment relative to the sale of Metropolitan Sewage System capacity to
the Spring Valley Sanitation District, and
WHEREAS, in order to fully effect~ate that sale, it is now
necessary to execute an amendment to the Sewage Disposal Agreement
of 1960 between the City of Chula Vista and the City of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Fourth Amendment to
the Sewage Disposal Agreement of 1960 between the City of Chula Vista
and the City of San Diego, dated the 15th day of June ,
1983, a copy of which is attached hereto and incorporated herein by
reference as if set forth in full.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
Fourth Amendment for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
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John P. Lippitt, City Engineer
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L/Thomas <<arron, City Attorney
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this
13th
day of
December
19 83 , by the following vote, to-wit:
AYES: Councilmen Malcolm, Cox, Moore, McCandliss, Scott
: None
NAYES: Councilmen
ABSTAIN: CoLflcilmen None
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ABSENT: Councilmen None
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City of Chula Vista
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. 11488
,and that the same has not been amended or repealed.
: DATED
(seal)
City Clerk
CC-660
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FOURTH AMENDMENT TO SEWAGE DISPOSAL AGREE~lliNT
OF 1960 BETWEEN THE CITY OF SAN DIEGO
AND THE CITY OF CHULA VISTA
THIS FOURTH 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 (h~reinafter 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 l, 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,
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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, and 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
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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, the City of San Diego and the City of Chula Vista, on June 4,
1979, executed a Third Amendment to Sewage Disposal Agreement of 1960, pursuant
,
to Resolution No. R-25l70l of the Resolutions of the City Council of.the City of
San Diego, and Resolution No. 9841 of the Resolutions of the City of Chula Vista,
the original of which is on file with the City Clerk as Document No. RR725l70l.
WHEREAS, since the execution of said agreement and supplement, and first,
second, and third 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.l.70 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 1.70 million gallons per day capacity which will
be transferred to it; and
WHEREAS, in order to accomplish said transfer, it is necessary to relieve
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the City of Chula Vista of that portion of its obligations under the Sewage Disposal
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Agreement of 1960 relating to the transfer of the 1.70 million gallons per day
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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 join~ exercise of any common power under
Article 1, Chapter 5, Division 7, Title. I of the Government Code of the State of
California;
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NOW THEREFORE, the City of San Diego and the City of Chula Vista for and
in consideration of the mutual covenants and agreements hereinafter st~ted 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 and the assumption by the Spring Valley Sanitation District of that
portion of the payments and obligations relating to and said 1.70 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 by
and between the City and the Participating Agency shall be.altered and amended
by reducing the 21.10 million gallons per day average flow by the amount of 1:70
million gallons per day; that after such reduction the obligations of the City
and the Participating Agency shall relate to an average flow of 19.40 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 45.1 cubic feet per second, and the City shall have the
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obligation to receive such peak flow from the Participating Agency.
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Section 2.
Reduction of Annual Service Charge for Capacity
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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
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Section 22 of the Sewage Disposal Agreement of 1960 taking into consideration
,the decrease from 21.10 million gallons per day flow to 19.40 million gallons
,
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per day average flow and shall be determined as set forth in the document
entitled "Revised Capacity Service Charges for Transfer of 1.70 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.
Section 3.
Adjustment of Capacity Service Between Participating
Agencies
The provisions of this Fourth Amendment to Sewage Disposal Agreement of
1960 are executed pursuant to the provisions of Section 22 entitled, "Adjustments
of Capacity Service Between Participating Agencies, r, of the Sewage Disposal
Agreement of 1960. The City finds and determines that the transfer of 1.70
million gallons per day of average flow from the Participating Agency to the
Spring Valley 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 Spring Valley Sanitation District and the adjustment of the obligations of
the Participating Agency in relation to such transfer shall be effective as of
June 15, 1983.
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Section 4.
Effect of Amendment
The provisions of the Sewage Disposal Agreement of 1960 by and between
the City and the Participa~ing.Agency shall be and remain unaffected by the
provisions of this Fourth Amendment, except as such are specifically amended
herein.
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Section 5.
Date of Amendment
The date of this Fourth Amendment is June 15, ~983.
IN WITNESS WHEREOF, the City of Chula Vista has caused this instrument
to be executed by its respective offi~ials, pursuant to Resolution No.
11488
adopted by its governing body, and this instrument is executed by the City of
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Ban Diego, acting
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by and through its City Manager,pursuant to Resolution
authorizing such execution'.
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THE
C~OF SAN DIEGO
.WuvW
lttoSSISTANT;ro THE CITY MANAGER,
THE CITY OF CHULA VISTA
By
By
Mayor
;
,
,
I HEREBY APPROVE the form and legality of the foregoing agreement this 13th
day of
December
19 83
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CITY ATTORNEY
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(R-83-597)
Adopted on
259928
JAN 09 1984
RESOLUTION NUMBER R-
BE IT RESOLVED, by the Council of The City of San Diego, as
fol.lows:
That.the City Manager is hereby authorized and empowered to
,
executed., for and on behalf of The City of San Diego, a Fourth
Amendment to Sewage Disposal Agreement of 1960 with the CITY OF
CHULA VISTA, under the terms and conditions set forth in that
Fourth Amendment to Sewage Disposal Agreement of 1960 on file in
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the office of the City Clerk as Document No. RR-
APPROVED: John W. Witt, City Attorney
CMF:ps
10/8/82
Or. Dept: Util.
Form=r.none
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Passed and adopted by the Council of The City of San Diego
on
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_, by the following vote:
YEAS:
Cleator, ~1cColl, Jones, Struiksma, Gotch, ~1urphy, Martinez,
Mayor Hedgecock.
NAYS:
None.
NOT PRESENT:
t~itchell .
AUTHENTICATED BY:
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ROGER HEDGECOCK
Mayor of The City'ofSan Dlego,
California.
CHARLES G. ABDELNOUR
City Cle~k of The City of San Diego, California.
(SEAL)
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By
MAYDELL L. PONTECORVO
, Deputy.
I HEREBY CERTIFY that the above and
f~regoing is a full
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true and correct copy of RESOLUTION---NO.
passed and adopted by the Council of The City of San Diego,
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California, on
JAN 09 1984
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,
,
CHARLES G. ABDELNOUR
City Clerk of The City of San Diego, California.
, (SE1IL)
By~_k/J~
, Deputy.
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(Rev. 8/79)
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