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HomeMy WebLinkAboutCC RESO 94-99RESOLUTION NO. 9 4 - 99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING SETTING FORTH AND RESOLVING FUNDAMENTAL POLICY ISSUES INVOLVED IN THE TRANSFER OF THE METROPOLITAN SEWERAGE SYSTEM TO THE SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT WHEREAS, the statute creating the San Diego Area Wastewater Management District (the "SDAWMD") became effective January 1, 1993, (Chapter 803 of the 1992 statutes, California Water Code Appendix, Section 113-101, et seq.) (the "Act") and the SDAWMD has been duly formed, organized and is doing business; and WHEREAS, the SDAWMD is comprised of the City of National City, the City of Coronado, the City of El Cajon, the City of Imperial Beach, the City of La Mesa, the Lemon Grove Sanitation District, the Spring Valley Sanitation District (the "Participating Agencies"); the City of Del Mar, the Lakeside/Alpine Sanitation Districts, the Otay Water District, the Padre Dam Municipal Water District, the City of Poway, the County of San Diego on behalf of the Wintergardens Sewer Maintenance District, (the "Later Participating Agencies"); and the City of San Diego; and WHEREAS, Section 401 of the Act authorizes the SDAWMD to acquire rights and assets, or assume obligations incurred, for the development and operation of sewage treatment and related facilities; and WHEREAS, the City of San Diego has legal title to operate a regional sewage collection, treatment and disposal system serving the Greater San Diego Metropolitan Area (the "Metro System") and has contracted with the Participating Agencies and Later Participating Agencies, to provide for sewage collection, treatment and disposal of their sewage pursuant to contract ("Sewage Disposal Agreements"); and WHEREAS, the City of San Diego, the SDAWMD, and the Participating Agencies and Later Participating Agencies are prepared to agree to certain terms and conditions set forth in a Memorandum of Understanding ("MOU") for the acquisition of the Metro System and bonded indebtedness and transfer thereof from the City of San Diego to the SDAWMD (the "Transfer"), and for the extinguishment of the City of San Diego's obligations pursuant to the Sewage Disposal Agreements after the Transfer. Continued on Page Two Resolution No. 9 4- 9 9 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the Memorandum of Understanding Setting Forth and Resolving Fundamental Policy Issues Involved in the Transfer of the Metropolitan Sewerage System to the San Diego Area Wastewater Management District. Said Memorandum of Understanding is on file in the Office of the City Clerk. PASSED and ADOPTED this 19th day of July, 1994. George H. `Waters, Mayor ATTEST: Lo�1i Anne Peoples City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney