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Home My WebLink AboutReso 1980-10458 7 , a-'-'-a Form No. 342 Rev, 2/76. RESOLUTION NO. 10458 RESOLU'fION 'OF THE' CITY' COUN'CIL':OP""TlfEc'Crry OF CHULA VISTA, APPROVING AGREEMENT'BETWEEN THE CITY OF CHULA VISTA AND OTAY MUNICIPAL WATER DISTRICT RELATIVE TO THE COLLECTION OF SEWER SERVICE CHARGES 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 that that certain agr~ement bet~en THE CITY OF CHULA VISTA, a municipal corporation, and OTAY MUNICIPAL WATER DISTRICT, relative to the collection of sewer 'service charges dated the 8th day of April , 1981 which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby , a copy of the same as though 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. ~L / -/ .... .V'f--"'1~ it ,.P'Ao~A / George D. Lindberg, City Attorney John P. Lippitt, City Engineer ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 12th day..of Hay , 19~, by AYES: Counci lmen Hyde, ~1cCandliss, Scott, Gillow NAYES: Counci lmen None ABSENT: Councilmen Cox fA) iiJ>.'"' (~' " Mayor of the City of Chula Vista C1.ty STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) of Chula true and not been I, Vista, California, DO HEREBY CERTIFY correct copy of Resolution No. 10458 amended or repealed. DATED , City Cl~rk of the City that the above is a full, , and that the same has City Clerk ..,..,~..~~".--~. _.- AGREEMENT THIS AGREEMENT is made and entered into by and between OTAY MUNICIPAL WATER DISTRICT, herein referred to as "Otay" and the CITY OF CHULA VISTA, herein referred to as "Chula Vista." WIT N E SSE T H WHEREAS, Chula Vista, on the 9th day of October, 1962, adopted its Ordinance No. 807 establishing sewer service charges, and WHEREAS, Chula Vista has subsequently, through adoption of various ordinances and resolutions, modified both the rate and method of determining sewer service charges, and WHEREAS, Chula Vista desires that Otay bill and collect from all of Otay's consumers who are receiving sanitary sewer service from Chula Vista the said sewer service charges, and WHEREAS, Chula Vista is willing to pay Otay for Otay's services in connection with such billing and collecting, and WHEREAS, Otay is willing to bill and collect such service charges for Chula Vista upon the terms and conditions and for the fees herein set forth~ NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, it is agreed as follows: 1. Chula Vista shall forthwith furnish to Otay a copy of all ordinances or resolutions pertinent to current sewer service charges and shall at all times advise Otay of any changes in the ordinance governing sewer service charges or in the schedule of sewer service charges to be made for each class of customer or category of service. 2. Otay shall compute, and add to its statements for water service, the appropriate sewer service charges for each of its customers who are receiving sanitary sewer service from Chula Vista. ~~/Okr~ PAGE 2 3. Otay shall compute all sewer service charges which are based on the volume of water delivered without adjustment or proration for periods of service of less than one month. Charges and collections made on this basis shall be assumed to be made for the period of approximately one month (billing period) corresponding to the time interval between meter readings which intervals will vary in length as the date of meter readings vary. 4. Otay shall not prorate flat rate sewer service charges for billing periods in which water service is either commenced or terminated. No sewer service charge shall be rendered for the billing period during which service is commenced. Conversely, the full billing period in which service is terminated shall be charged without regard to the actual date of termination. 5. Otay shall consider the sewer service charges which have been added to a water bill as an inseparable part of said bill. 6. Within forty-five days after the mailing of water bills with added sewer service charges, Otay shall submit a summary statement of Chula Vista sewer service charges collected in total for the period covered by the statement. The summary statement shall specify the time period covered, the billing cycles included, the number of accounts paid, and adjustments required to arrive at net collections due to Chula Vista. In addition to the summary statement Otay shall provide on a quarterly basis a copy of a detailed billing register supporting the collections made on behalf o~ Chula Vista. Such billing register shall show such information relative to each individual water service account as may be required to establish the propriety and magnitude of sewer service charges made by Otay. The detailed nature of information to be provided shall be jointly approved by the Chula Vista City Engineer and the .(').l&ll~.16~_..i. General Manager of Otay. The expense of computer ~--programming required to produce the detailed billing register shall be boine by Chula Vista. Amounts collected for Chula vista shall be transmitted, less service charges, to the City in care of the Director of F.inance. Otay shall also provide to Chula Vista a list showing the account number, name, and service address of persons who have not paid their sewer service charge in full. !oq[JY PAGE 3 7. Chula Vista shall pay to Otay a fee of twenty- five cents ($0.25) for each individual sewer service charge added to water bills. Otay shall deduct at the time of its remittance of the sewer service charges collected such fees as specified herein. 8. In addition to charges hereinabove specified to be collected by Otay the following special charges shall be made: ~ special sewage pump maintenance and operation (M&O) charge in an amount specified in writing by Chula Vista shall be added to Otay's statements for water service at those locations specified in writing by Chula Vista. Otay shall not prorate sewage pump M&O charges for billing periods in which water service is either commenced or terminated. No such M&O charge shall be rendered for the billing period during which service is commmenced. Conversely, the full period in which service is terminated shall be charged without regard to the actual date of termination. Chula Vista shall pay to Otay a fee of twenty-five cents ($0.25) for each individual sewage pump M&O charge added to wa te r bill s . 9. The schedule of fees to be paid by Chula Vista to Otay shall be subject to review by either party to this agreement upon request made in writing at least sixty (60) days prior to each semi-annual anniversary of the date of this agreement. 10. This agreement may be cancelled by either party upon written notice at least sixty (60) days prior to each annual anniversary of this agreement. 11. Otay shall use due care in the computation of Chula Vista's sewer service charges, the collection of such charges and the remittance of the monies due Chula Vista. Otay shall not be liable for any matter in connection with its activities und~r this agreement except for its willful misconduct and gross negligence. 12. Otay shall include all unpaid sewer service charges in the amounts due on delinquent accounts which are turned over to Otay's agent collection service agency and shall remit to Chula Vista the net amount of all sums received from said collection agency for the sewer service charge accounts. J (/-101 PAGE 4 13. All disputes pertaining to the sewer service charges shall be referred by Otay to Chula Vista for clarification and disposition except for those matters which are found to be the result of clerical errors in the computation of the amounts due, when such errors are discovered before the monies therefore have been transmitted to Chula Vista. All adjustments to be made in sewer service accounts, other than those discovered to be due to clerical errors before remittance to Chula Vista, shall be processed directly between Chula Vista and the customer concerned. IN WITNESS WHEREOF, the parties hereto by and through their duly authorized officers have executed this agreement as of the dates shown below opposite their signatures and the effective date hereof shall be the latest date of the two below shown. Date ~Iay 12, 1981 City of Chu1a Vista BY Ma~f~~ Vista Attest: ty Clerk ~~ Datep?: /fg'j , / Otay Municipal Water District BY " Ji?~~~;7 !o<!c:;g