HomeMy WebLinkAboutReso 1977-8732RESOLUTION N0. 8732
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING FIRST SUPPLEMENT TO AGREEMENT REGARDING
FINAL ORDER OF CONDEMNATION OF CALIFORNIA-AMERICAN
WATER COMPANY
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 First Supplement to Agreement
regarding Final Order of Condemnation of California-American Water
Company, dated the 26th day of July 1977, a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the City Attorney of the City
of Chula Vista be, and he is hereby authorized and directed to
execute said First Supplement to Agreement regarding Final Order of
Condemnation of California-American Water Company.
Presented and Approved as to Form by
George I~;f~Lindberg, City Attor~'~y
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 26th day of July 1977, by the
following vote, to-wit:
AYES: Councilmen_ Hobel, Cox, Hyde, Scott, Egdahl
NAYES: Councilmen None
ABSENT: Councilmen Nnna
ATTEST,.- y
~"'• City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
~~Q'~~.1~,~
Mayor of the City of Ch Vista
I, City Clerk of the City of
Chula Vista, C- alifornia, 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not been amended or repealed.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
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
SOUTH BAY IRRIGATION DISTRICT,
Plaintiff,
v.
CALIFORNIA-AMERICAN WATER COMPANY,
Defendant.
N0. 306441
FIRST SUPPLEMENT TO
AGREEMENT RE FINP.L ORDER
OF CONDENIDIATION
CITY OF NATIONAL CITY,
Intervenor
I The parties hereto agree to supplement their Agreement re
Final Order of Condemnation (Agreement) entered herein April 6,
1977, as follows:
1. California-American Water Company (Company) is obligated
under an agreement with the City of Chula Vista (Chula Vista)
dated October 30, 1962, and an agreement with the City of National
City (National City) dated April 30, 1963, to collect Chula Vista's
and National City's sewer service charges owed by the Company's
Sweetwater District customers.
I 2. From and after the date the South Bay Irrigation '~
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District (District), National City, and/or the Sweetwater Authorit}
(Authority) take possession of, or obtain entry herein of the
final order of condemnation for, the Company's Sweetwater District,
whichever date comes first, the District, National City, and/or
the Authority assume all responsibility and liability for billing
and collecting from the Sweetwater District customers,-and for
remitting to Chula Vista and National City, all unbilled sewer
service charges. The Company shall remit to Chula Vista and
National City all sewer service charges billed prior to the afore-
said date.
3. The customer unbilled revenues existing on the date
referred to in paragraph 2 above, owed by the District, National
City, and/or the Authority to the Company pursuant to paragraph
4 of the Agreement, are limited to the customer unbilled revenues
for water services rendered by Company, and exclude customer
unbilled revenues for sewer services rendered by Chula Vista and
National City. The customer accounts receivable existing on the
date referred to in paragraph 2 above owed by the District,
National City, and/or the Authority to the Company under paragraph
%+~of the Agreement, include all amounts billed but unpaid for both
water services and sewer services.
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i APPROVED:
I CITY OF CHULA VISTA
By
Wi11 T. Hyde, Mayor
SWEETWATER AUTHORITY
By
Kite Morgan, Chairman
PAUL D. ENGSTRAND
JOHN H. WHITNEY
JENNINGS, ENGSTRAND & HENRIKSON
By,
Paul D. Engstrand, Attorneys
for South Bay Irrigation
District and Sweetwater
Authority
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SOUTH BAY IRRIGATION DISTRICT
By
David C. Burns, President
CITY OF NATIONAL CITY
By
Kile Morgan, Mayor
CALIFORNIA-AM$RICADT WATEP. COIrIPANY
BY- 11 ~~j-!~~~ ~ ~
0: L. Banc'',., President
;~
DONALD F. McLEA.N, JR., City
Attorney, CITY OF NATIONAL CITY
By
Donald F. McLean, Jr., Attorney
for Intervenor, City of
National City
GEORGE D. LINDBERG, City Attorney,
CITY OF CHULA VISTA
By
George D. Lindberg
GRAY, CARY, AMES & FRYE
r:ugsne L. rreelanc, attorne
for Defendant, California-
American LJater Company
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STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
On 1977, before me, the undersigned,
a Notary Pu 1ic in and or said State, personally appeared DAVID
C. BURNS, known to me to be the President of SOUTH BAY IRRIGATION
DISTRICT, and known to me to be the person who executed the
within instrument on behalf of said public corporation, agency or
political subdivision, and acknowledged to me that such SOUTH
BAY IPRIGATION DISTRICT executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
ss.
COUNTY OF SAiv DIEGO )
On 1977, before me, the undersigned,
a Notary Pu is in and or sai State, personally appeared KILE
MORGAN, known to me to be the Mayor of the CITY OF NATIONAL CITY,
and known to me to be the person who executed the within instrument
on behalf of said public corporation, agency or political sub-
division, and acknowledged to me that such CITY OF NATIONAL CITY
executed the same.
LIITNESS my hand and official seal.
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
On 1977, before me, the undersigned,
a Notary Public in and or said State, personally appeared 0. L.
BANZ, known to me to be the President of the corporation that
executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the corporation there-
in named, and acknowledged to me that such CALIFORNIA-AMERICAN
WATER COMPANY executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
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