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HomeMy WebLinkAboutReso 1979-9569Revised 4-19-79 RESOLUTION NO. 9569 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING NINTH AMENDMENT TO THE AGREEMENT WITH THE MONTGOMERY SANITATION DISTRICT, AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT, AND APPROPRIATING FUNDS THEREFOR 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 ninth Amendment to the Agreement with the Montgomery Sanitation District for the con- struction, operation and use of sewers to establish a sewer service rate and method of adjusting the rate under said agreement, dated the 24th day of April , 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 sum of $31,000 be, and the same is hereby appropriated from the available balance in the Sewer Service Revenue Fund. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said amendment for and on behalf of the City of Chula Vista. Presented by o n Lippitt, C ty Engineer ADOPTED AND APPROVED CHULA VISTA, CALIFORNIA, this by the following vote, to-wit: Approved as to form by ~t ( ~ George ~ Lindberg, City Atto y by the CITY COUNCIL of the CITY OF 24th daY of Aril 197, AYES: Councilmen Egdahl Hyde Gillow, Scott, Cox NAYES: Councilmen None ABSENT : Councilmen None ATTE S T~ G3 yc.Q / ~` ~ ~,~C,c~/~'f.~ZiCc...~ /' Deputy City Clerk STATE.=-bF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) City of a full, same has `J~/ ~~ ~~ P~Iayor of the City of Chula Vista I, ~ Chula Vista, Ca i ornia, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED City Clerk of the that the above is . and that the City Clerk i~tl~+rLICAlE oRiGli~'AL NIPJTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA; THE CITY OF SAN DIEGO; THE MONTGOMERY SANITATION DISTRICT; AND THE COUNTY OF SAN DIEGO FOR THE CONSTRUCTION, OPERATION AND USE OF SEWERS TO ESTABLISH A SEWER SERVICE RATE AND METHOD OF ADJUSTING THE RATE UNDER SAID AGREEMENT THIS PaIP;TH AMENDMENT TO THE AGREEMENT is for the purpose of establishing a new sewer service charge rate and is made and entered into this 24th day of April 1979, by and between the CITY OF CHULA VISTA, a municipal corporation; the CITY OF SAN DIEGO, a municipal corporation, the MONTGOP•1ERY SANITATION DISTRICT, a County Sanitation District; and the COUNTY OF SAN DIEGO, a political subdivision of the State of California. ~'~r° ''y~~` W I T N E S S E T H: - FI! CO_~_DEC ~ 0 a97~ STATEMENT OF PURPOSE .~~-•--~^~- r.r -~ •-- ,~.,--.., ~""~"° The Montgomery Sanitation District and the City of Chula Vista make payments to the San Diego Metropolitan Sewerage System to cover actual operation and maintenance (O&M) cost for processing the sewage from each agency. These costs have typically been increasing at various yearly amounts creating a need for yearly adjustments to the Contract No. 2605-2107-E. .The contract has not been amended since Fiscal Year 1971. Therefore the parties agree to amend the contract to provide a fixed service charge RATE based on actual Metropolitan Sewerage System cost. Both parties hereto agree that effective July 1, 1976, Section 10 of Contract No. 2605-2107-E is amended in the following particulars: Section 10. SERVICE CHARGE to read as follows: (a) (c) & (d) are hereby amended C(~NT:~ACT rI tr~,~,j, ZL ~5~~ C/ (R©=='~'~'~::c~ aho•re ru:~,~ber lIl CSC': C;; I :;li.IilC~ t10I1 e~,~'r~~'--~"~ i ~"?23 contract ) Section 10. SERVICE CHARGE (a) Chula Vista shall pay to the°District a monthly serva.ce charge per family unit at a rate equal to 1200 of the Metropolitan Sewerage System annual operation and maintenance cost for each family unit within the City of Chula Vista that is served by a sewer system connected to the District's System, and the sewage of which family unit is discharged into the Metropolitan System through the District's metering station, and the District shall pay to Chula Vista a sewer service charge at a rate equal to 1208 for each family unit within the District that is served by a sewer system connected to Chula Vista's System and the sewage of which family unit is thereafter discharged into the Metropolitan System through the Chula Vista metering station. Said sewer charge rate shall be based on a flow of 265 gallons per day per equivalent dwelling unit and be applied as follows: (c) It is understood by the parties hereto that the service charges as above computed are to cover each party's prorated share of the maintenance and operation. costs of the San Diego Metropolitan Sewerage System which each party must pay to the City of San Diego under the terms of the aforementioned "Sewage Disposal Agreement of 1960" plus a share of the costs of each party in maintaining and operating the portion of its sewer system serving the other party. Such service charge rate may therefore be adjusted, increased or decreased, from time to time by mutual consent in proration to actual costs of operating and maintaining District's and City's sewer systems. In order for any adjustments to the rate to become effective, an amendment to the basic contract will be processed. ., (d) It is understood by the parties hereto that the service charge rate of 120$ of the maintenance and operation costs of the Metropolitan Sewerage System shall be based upon the latest estimate of such costs as provided by the City of San Diego; provided, however, that the amount of the last installment of the fiscal year shall be subject to adjustment to reflect actual Metro M&O costs for that fiscal year. In case of underpayment the balance shall be due and payable within thirty (30) days following receipt of notice of actual Metro M&O costs from the City of San Diego. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective officials. Dated : Apri 1 24, 1979 Dated : «~ 3 CITY OF CHULA VISTA B 1' ~ ~ ~^ Y ~J ` Will. T. Hyde, Mayor CITY OF SAN DIEGO By B,u/ ASSISTANT TO HE CITY MANAGER Dated: ~~-~ - ~ 5 _~"7`- Dated: ~ ~/. 7 ~~ APPROVED AS TO FOR61 AND U:GAUTY COUNTY COU;73EL ~ / C:: JTY MONTGOMERY SANITATION DISTRICT By ~ .~~ Clerk of the Bd. o Directors COUNTY OF SAN DIEGO C erk of the Bd. of Supervisors ~~~! ~v 1` RESOLUTION No. ' ;~~o ~3~i (R' 80-862) -Adopted on DEC 3 lglg - 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, the Ninth Amendment to Agreement Among the City of Chula Vista, The City of San Diego, the Montgomery Sanitation District and the County of San Diego for the construction, operation and use of sewers, under the terms and condi- tions set forth in the Ninth Amendment to Agreement onrfile~L' ~2.i0"7~,,~ . Cit C1erY as Document No.~ in the office of the y APPROVED: JOHN W. WITT, Ci~ Attorney B itzpatricx Se for Chief Deputy CMF:v1:453 11/2/79 Or. Dept.: Water Util. Passed and adopted by the Council of The City of San Diego on DEC 3 ~~7q by the following vote YEAS: NAYS: Mitchell, Cleator, Lowery, Williams, Schnaubelt, Gotch, Stirling, Killea, and Mayor Wilson. Nine NOT PRESENT: None. AUTHENTICATED BY: PETE WILSON Mayor of The City"of-San Diego, 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 foregoing is a full, true and correct copy of RESOLUTION NO. ~ ~5~ r 3~ passed and adopted by the Council of The City of San Diego, California, on DEC 3 1979 CHARLES G. ABDELNOUR City Clerk of The City of San Diego, California. (SEAL) By ~(~/`ZGV"/2~ Deputy . (Rev. 8/79) lbc ~~1Q,G0 • ST~TN ~~ '~~• P,ypE~~,, WATER UTILITIES 700 THE CITY OF SAN DIEGO CITY OPERATIONS BUILDING 1222 1st AVENUE .SAN DIEGO, CALIF. 92101 Mail Station 401 December 24, 1979 Will T. Hyde, Mayor City of Chula Vista 276 4th Avenue Chula Vista, CA 92010 Dear Mayor Hyde: Enclosed please find a fully executed copy of the Ninth Amendment between the City of Chula Vista, the City of San Diego; the Montgomery Sanitation District; and the County of San Diego for construction, operation and use of sewers to establish a sewer service rate and method of adjusting the rate under said agreement for execution by the City of San Diego. This agreement was adopted on December 3, 1979 by Resolution No. R-250736 and is on file on December 10, 1979 as Document No. RR-250736. Very trul ,yours, ~. ,; r_ ;% z-' Chett T. Chew Acting Services Division Superintendent CTC:plp r-- --, c.o c~ Enclosure 0 rn ~ n • !'V GJ ` C.~ _,> o t.. ,.y ~ } :~!