HomeMy WebLinkAboutCC RESO 92-135RESOLUTION NO. 92-135
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT
FOR THE SALE OF 1.0 MILLION GALLONS PER DAY SEWER
CAPACITY RIGHTS IN THE METRO SYSTEM TO THE CITY OF POWAY
WHEREAS, in May 1991, the City Council authorized the City Manager
to enter negotiations for the sale of up to 1-1/2 million gallons per day (MGD) sewer
capacity, with any such agreement to be brought back to the Council for final action; and
WHEREAS, agreement has been reached with the City of Poway to sell 1
MGD to that city for the sum of $2,064,086, and said agreement has been approved by
the City Council of the City of Poway at their meeting of June 16, 1992; and
WHEREAS, said sale must receive the approval of the City of San Diego,
or will be rendered null and void; and
WHEREAS, consumation of this sale will leave the City of National. City
with 6.1 MGD capacity in the METRO sewer system, which is adequate for the City's
needs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of National City that the Mayor is authorized to sign an agreement for sale of 1.0
million gallons per day sewer capacity rights in the METRO system to the City of
Poway. Said agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 14th day of July, 1992,
GEORGE . WATERS, MAYOR
ATTEST:
Lo.ril Anne Peoples, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
AGREEMENT TO PURCHASE 1.0 MILLION GALLONS PER DAY
OF METROPOLITAN SEWER SYSTEM (METRO) CAPACITY RIGHTS
FROM THE CITY OF NATIONAL CITY
BY THE CITY OF POWAY
THIS AGREEMENT is hereby dated and effective this 14th day of
July
, 1992, and is by and between CITY OF POWAY
(hereinafter referred to as "Poway") and CITY OF NATIONAL CITY
(hereinafter referred to as "National City").
1. Poway hereby purchases one million gallons per day sewage
capacity rights in the METRO system from National City, and
National City hereby sells one million gallons per day of its
sewage capacity rights to the METRO system to Poway in accordance
with the "Disposal Agreement of 1960."
2. The purchase price will be $2,064,086 in cash due 60 days
after the consent described in paragraph 3 for transfer of capacity
by the City of San Diego but in any event no later than January 1,
1993. The purchase price is in effect until January 1, 1993.
3. Poway shall be the owner of the aforesaid capacity rights
immediately upon consent by the City of San Diego of the transfer,
effective upon completion of the transmissions pipelines.
Effective July 1 of the year following consent, and in any event
not later than January 1,1993, Poway shall pay to the City of San
Diego the annual capacity charge of $10,530 per year, and shall pay
this annual capacity charge thereafter each February.
4. In accordance with Section 22 of the "Disposal Agreement
of 1960" the City of San Diego must consent to the transfer of
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capacity between participating agencies. In the event the capacity
transfer is denied by the City of San Diego, this agreement shall
be null and void. If San Diego conditionally provides consent of
the transfer until adequate transmission facilities are installed,
the agreement remains intact.
5. Mutual Cooperation. National City and Poway mutually
agree to cooperate and assist in obtaining any and all approvals,
or other documents which may be necessary to accomplish the above
capacity purchase and transfer.
6. Time of the Essence. Both parties understand that time
is of the essence in the completion of all matters contemplated by
this agreement. Both parties agree to use all due diligence to
complete all phases of the work contemplated by this agreement at
the earliest possible and convenient time.
7. Modification. This agreement may not be altered in whole
or in part except by modification in writing, executed by both
parties to this agreement.
8. Successors in Interest. Unless otherwise provided in
this agreement, the terms, covenants and conditions contained
herein shall apply to, inure to the benefit of, and bind the heirs,
successors, executors, administrators and assigns of the parties
hereto.
9. Terms of Agreement. This agreement shall expire:
1) When final payment is made to National City for
this purchase of capacity rights; or
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2) If the proposed transfer of capacity is denied by the
City of San Diego; or
3) When replaced by mutual agreement by both parties
hereto.
IN WITNESS WHEREOF, the undersigned have executed this
agreement as of the day and year first above written.
CITY OF . WAY
By:
Mayo City of Poway
ATTEST: By:
City Clerk
CITY OF NATIONAL CITY
By: /� G�
Mayor, ity of National City
ATTEST: By: J (5A .( �t ('.(��
City Clerk
APPR VED AS TO F
George H. Eiser, 111
City Attorney
DEW\AGENDA\NCAGREE.724
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