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HomeMy WebLinkAboutReso 1977-8834Form No. 342 Revs 3/74 RESOLUTION NO. 8834 RESOLUTION OF TfiE CIT'Y' COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SPRING VALLEY SANITATION DISTRICT PROVIDING FOR THE USE, MAINTENANCE AND OPERATION OF A SEWER IN ACACIA AVENUE AND PALM DRIVE 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 agreement between THE CITY OF C~-iULA VISTA, a municipal corporation, and SPRING VALLEY SANITATION DISTRICT, a County Sanitation District, providing for the construction, operation and use of a sewer in Acacia Avenue and Palm Drive dated the .4th day of October 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 T. BE IT FURTF~ER 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 Vrsta~ Presented by r' W. J. Robens, Director of Public Works ADOPTrD AND APPROVED by VISTA, CALIFORNIA, this 4th day the following vote, to-wit: AYES: Councilmen Hobel. Cox NAYES: Councilmen None Approved as to _form by George D. Lindberg, City Attorney the CITY COUNCIL of the CITY OF CfTULA of October 1977 by de. Scott ABSENT: Councilmen Egdahl 1 Mayor of the City of C u Vista ,~'~~ , City Cler) ~~~ ,~ STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF C[iULA VISTA.) I, , City Clerk of the City of Chula Vista., California, DO I'EREBY CERTIFY that the above is a fu11, true and correct cony of Resolution No. and that the same has not been amended or repealed. BATED City Clerk Form No. 3t2 Rev< 3/7~' RESOLUTION NO. 8834 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA A::D SPRING VALLEY SANITATION DISTRICT PROVIDING FOR THE USE, MAINTENANCE AND OPERATION OF A SEWER IN ACACIA AVENUE AND PALM DRIVE AND AUTFIORIZING TF?E t1AYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, TEEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF C',IULA VISTA, a municipal corporation, and SPRING VALLEY SANITATION DISTRICT, a County Sanitation District, providing for the construction, operation and use of a sewer in Acacia Avenue and Palm Drive dated the 4th day of October 19 77 a copl° 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 FURTIiER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized ar_d directed to execute said agreement for and or. behalf of the City of Chula Vista. Presented by /s/ IU. J. F.obens W. J. Robens, Director of Public Works Approved as to form by ~ ~. /'~ George D. Lindberg, City Attorney ADOPTrD AND APPROVED by the CITY COUNCIL of the CITY OF C~'ULA VISTA, CALIFORNIA, this 4th day of October , 19.77 , by the followinc emote, to-wit: AYES: Councilmen i~obel, Cox, Hyde, Scott NAYES : Councilmen iVone ABSENT: Councilmen Egdahl /s/ 1yi11 T. Hyde PZayor of the City of Chula Vista ATTEST /s/ Jennie P~4. Fulasz City Clerx STATE OF CALIFOR~dIA) COUNTY OF SAN DIEGO) ss. CITY OF C(IULA VISTA) I, Jennie M. Fulasz , City Clerk of the City of Chula Vista., Cali~~rnia, DO I:EREBY CERTIFY that the above 1s a full, true and correct cony of Resolution No. 8834 and that the same has not been amended cr repealed. DATED October 13, 1977 Cit Clerk AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SPRING VALLEY SANITATION DISTRICT OF THE COUNTY OF SAN DIEGO FOR THE CONSTRUCTION, OPERATION AND USE OF A SEWER IN ACACIA AVENUE AND PALM DRIVE THIS AGREEMENT, made and entered into this 4th day of October , 1977 by and between the CITY OF CHULA VISTA, a municipal corporation sometimes hereinafter called "CHULA VISTA", and the SPRING VALLEY SANITATION DISTRICT, a County Sanitation District, sometimes here- inafter called the "DISTRICT". WITNESSETH: WHEREAS, on the 9th day of March, 1964, the City of San Diego, the City of Chula Vista and the Spring Valley Sanitation District executed that certain agreement entitled "AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO AND THE SPRING VALLEY SANITATION DISTRICT OF THE COUNTY OF SAN DIEGO FOR THE USE OF DIS- TRICT'S OUTFACE SEWER" (County of San Diego Contract No. 2624-2125-R) wherein provision was made for the discharge into the San Diego Metropolitan Sewerage System of sewage originating within an area within Chula Vista and therein designated as the area to be served; and WHEREAS, a sewer line has been constructed in Acacia Street and in Palm Drive in the unincorporated territory of the County of San Diego from the District's outfall sewer to serve an area within the City of Chula Vista; and WHEREAS, it is contemplated sewers may be extended from said sewer to other areas both in the City of Chula Vista or that may be annexed by the City of Chula Vista and within the District; and WHEREAS, it is further contemplated that all portions of the sewers lying within the jurisdiction of the District or other unin- corporated territory will be operated and maintained by the District and that all sewer lines within the jurisdiction of Chula Vista will be operated and maintained by Chula Vista; and WHEREAS, it is further contemplated that Chula Vista will annex certain territory which has previously been included within the District and for which acreage fees have been paid; and WHEREAS, this agreement shall establish the rights, privileges and duties of the parties concerning the use of the District's System, Chula Vista's System and the construction and maintenance of connections to said systems; NOW THEREFORE THE PARTIES HERETO AGREE as follows: SECTION 1. TERM OF AGREEMENT. This agreement shall take effect immediately upon the execu- tion by the parties hereto and shall continue for a period of 20 years, provided, however, that either party may terminate this Contract Noo 12460-8440-A -2- agreement at any time prior to said period upon thirty day written notice to the other party. SECTION 2. CONNECTION AND ENGINEER'S APPROVAL. (a) Chula Vista at its sole expense shall construct, install, maintain, repair, replace and/or reconstruct all sewers connecting areas within Chula Vista to the subject sewer. (b) District at its sole expense shall construct, install, maintain, repair, replace and/or reconstruct all sewers connecting areas within the District to the subject sewer. (c) The location, installation, construction, repair (except emergency repair) replacement and/or reconstruction by either party of each and every sewer connecting to a sewer segment under the control of the other party shall be according to plans and specifications first approved jointly by the District's Engineer and Chula Vista's Engineer. (d) Chula Vista shall construct all laterals directly serving adjacent District property and connecting to the Chula Vista por- tion of the sewer. District shall reimburse Chula Vista the cost of said lateral construction; said reimbursement to be calculated in the same manner as if the laterals were being constructed by the District. (e) District shall construct all laterals directly serving adjacent property within Chula Vista and connecting to the District's portion of the sewer. Chula Vista shall reimburse the .District the cost of said lateral construction; said reimbursement to be calculated in the same manner as if the laterals were being con- structed by Chula Vista. SECTION 3. REIMBURSEMENT AGREEMENT. The subject sewer was constructed to extend sewer service to a new City area, and reimbursement to the builders of this offsite facility for the proportional cost of such facility by subsequent users shall be obtained by the mechanism of an agreement between the builder and the District, which agency has exercised jurisdic- tion over construction of this offsite facility. In the event that Chula Vista assumes jurisdiction over any area served by the subject facility, Chula Vista shall honor such reimbursement agreement in the same manner as if it had been an original signator to the agreement. Amounts collected from sub- sequent users shall be forwarded to District within sixty days of the date of collection. SECTION 4. MAINTENANCE OF SEWER. (a) Chula Vista and District shall maintain and operate all portions of this sewer lying within their respective jurisdictions. In the event that Chula Vista annexes territory previously within -3- the District, such sewers lying within the territory so annexed shall continue to be maintained and operated by the District until such territory is withdrawn from the District. (b) The boundaries of all annexations of unincorporated territory by either Chula Vista or the District, affecting this sewer will be adjusted to either fully include or fully exclude such public rights of way or easements within which the sewer is located. SECTION 5. All territory that falls under the terms of this agreement shall be subject to all the terms and conditions provided for in that certain agreement executed by the parties hereto on March 9, 1964, and entitled "AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO AND THE SPRING VALLEY SANITATION DISTRICT OF THE COUNTY OF SAN DIEGO FOR THE USE OF DISTRICT'S OUTFACE SEWER" (County Contract No. 2624-2125-R), incorporated herein by reference. In the event that Chula Vista annexes any territory which has pre- viously been included within the District and for which acreage fees of $130 per gross acre as stipulated in Section 11 of said agreement have been paid, such fees shall not be charged again when such territory is subsequently annexed by Chula Vista and withdrawn from the District. SECTION 6. HOLD HARMLESS. Chula Vista shall indemnify and save District free and harmless of and from all claims, demands, liabilities or loss for injury to, or death of any person including but not limited to employees of District, and damage to or destruction of property including, but not limited to, property of District resulting in any manner direct- ly or indirectly from or in connection with any alleged defects in the work or services done by Chula Vista pursuant to this agreement. District shall indemnify and save Chula Vista free and harmless of and from all claims, demands, liabilities or loss for injury to, or death of any person including but not limited to employees of Chula Vista, and damage to or destruction of property, including, but not limited to, property of Chula Vista resulting in any manner directly or indirectly from or in connection with any alleged defects in the work or services done by District pursuant to this agreement. SECTION 7. REPRESENTATIVES. The Director of Public Works shall represent Chula Vista in all matters pertaining to the work and services rendered under this agreement. The Director of Sanitation and Flood Control shall represent District in all matters pertaining to the work and ser- vices rendered under this agreement." IN WITNESS THEREOF, the parties hereto have caused this agree- ment to be executed by their respective officials pursuant to the resolution adopted by the Board of Directors of the Spring Valley Sanitation District dated ,~, 3 /S 7~' , and Resolution -4- No. 8834 adopted by the City Council of the City of Chula Vista dated October 4, 1977 CITY OF CHULA VISTA BY ~ t Mayor SPRING VALLEY SANITATION DISTRICT BY 2~~eJ Clerk, Board of Directors AP~~u+i~^-;`~ ~iH~ p~~s~ICI' @OARJ ~` Dliti:~©1Z5 ~ /~ ~~ CLERK OF THE DISTRICT BOARD OF DIRECTORS p a~` o° t~ ~ P 1 Y i. 1 v N O •p-~ _ BARK R~ ~ ~~Rp. .. f ~ ~ ti i p { 6~RCH LANE 0 r C~ ~ P~-C~ ps Z Z ~ t Il { , ~ d ~E ~ p~ s~ OR ! C / ~ , V f-PO c ~pPp .~ ~ `' ~ m GL£N ~ ~' n ~ y V~EE.S * >~ Ji i~ A 00 ~' ~ ~ ° ~ 5 ~ ~4 ~ .PARK- -~ S' J~f ._ ~ ~~ - ~ I . ~`.,' a cti a i; " f ' ~ ~ -'~~ ~ PROJECT ' • ,~_ _J ~~{~~pL C£ P /tCCE ,9~ i4 _ cod ~' J, _ 1. _ fROE ~ -. - _.-- I: Q ` I ~,, ~ ~ \~ P COU~ 1 l~ , z t F '1 CALL ,~ ~t~`/I ; {~ .~ ,, o ~ v `E ESC' ~ I , ~ +±~~~ ca~~ a0 'y'tio ~ o oD CHU,LT ; ~ G eJGKF O ~a_ ; pC Ar ~~~ ~ • N~ .DI.. .. oa~v E S 9L ~ r 9 ` P {~ i ~ ~ ~ G~ i q} e _~°~, N o h ~' „ ~ m ~~ ~ ~-, o ~ oo P`a z o ~ RIDGEV{Ew W Y. _ LOCATION D7AP Acacia Avenue - Palm Drive Sewer 1" = 1000' Aug., 1977 LAKES •~ ~' ~~ ntEt' I