Loading...
HomeMy WebLinkAboutCC RESO 2003 - 25RESOLUTION NO. 2003 — 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INITIATION OF PROCEDURES TO BECOME A PARTICIPATING AGENCY OF THE METRO WASTEWATER JOINT POWERS AUTHORITY AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO JOINT POWERS AGENCY AGREEMENT WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code Section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California) (hereinafter "Participating Agencies") entered into a Joint Exercise of Powers Agreement ("hereinafter "Agreement"), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, the City Council of the City of National City desires to join the JPA as a Participating Agency, for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, the City Council of the City of National City seeks to request that the Participating Agencies approve amending the JPA to include National City as a Participating Agency; and WHEREAS, it is the desire of the City Council of the City of National City to approve execution of the Second Amendment to Joint Powers Agency Agreement for the Metro Wastewater Joint Powers Authority to add National City as a Participating Agency. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of National City as follows: Resolution No. 2003 - 25 February 18, 2003 Page Two 1. That National City is authorized to be added as a Participating Agency of the Joint Powers Agency Agreement for the Metro Wastewater Joint Powers Authority, subject to the terms and conditions set forth in the proposed Amendment, attached hereto, and by this reference incorporated herein as Exhibit "A". 2. That the City Manager of National City is hereby authorized to negotiate with the Metro Wastewater Joint Powers Authority to facilitate National City's addition as a Metro Wastewater Joint Powers Authority Participating Agency. 3. That the Mayor and the City Manager are hereby authorized to finalize and execute the proposed Amendment, subject to additions or modifications thereto, as they may deem in the best interest of National City, on behalf of National City. PASSED and ADOPTED this 18th day of February, 2003. ATTEST: Micael R. Dall City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney [DRAFT] SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE CITY OF NATIONAL CITY AS A PARTICIPATING AGENCY This Second Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority, is made and entered into on this day of , 2003, in the County of San Diego, State of California by the Metro Wastewater JPA, a Joint Powers Agency ("JPA") existing and organized pursuant to the provisions of Government Code section 6500 et seq. and the City of National City ("National City"). RECITALS WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California) (the "Participating Agencies") entered into a Joint Exercise of Powers Agreement ("Agreement"), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and Participating Agency; and WHEREAS, in , 2003, the Ot-ay Water District was added as a Agency of the JPA; and WHEREAS, the JPA desires that National City join the JPA as a Participating WHEREAS, each of the Participating Agencies have approved the addition of National City as a Participating Agency of the JPA; and WHEREAS, the City Council of National City has approved joining the JPA as a Participating Agency of the JPA. SDPUB\PDS\274218 EXHIBIT "A" PAGE 1 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add National City as a JPA Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first written above. 1. CITY OF CORONADO ATTEST By: 2. CITY OF DEL MAR ATTEST By: CITY OF EL CAJON By: 4. CITY OF IMPERIAL BEACH By: CITY OF LA MESA By: 6. LEMON GROVE SANITATION DISTRICT By: 7. CITY OF POWAY By: ATTEST ATTEST ATTEST ATTEST ATTEST SDPUB\PDS\274218 EXHIBIT "A" PAGE 2 g. PADRE DAM MUNICIPAL WATER DISTRICT By: 9 COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANITATION DISTRICT AND SPRING VALLEY SANITATION DISTRICT By: 10. OTAY WATER DISTRICT By: 11. NATIONAL CITY By: SDPUB\PDS\274218 ATTEST ATTEST ATTEST ATTEST EXHIBIT "A" PAGE 3