HomeMy WebLinkAboutCC RESO 12,410RESOLUTION NO. 12,410
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AUTHORIZING THE EXECUTION
OF "FIRST SUPPLEMENT TO AGREEMENT RE FINAL
ORDER OF CONDEMNATION"
WHEREAS, the California American Water Company
currently collects National City's sewer service charges
pursuant to an agreement made with the California American
Water and Telephone Company on April 30, 1963, and
WHEREAS, the South Bay Irrigation District and/or
Sweetwater Authority will assume operation of the Sweetwater
District of the water system which is the Sweetwater District
of the California American Water Company, and
WHEREAS, the City Council desires that the South
Bay Irrigation District or the Sweetwater Water Authority,
as the new operator of the system, collect National City's
sewer service charges pursuant to the provisions of the
April 30, 1963 agreement;
NOW, THEREFORE, BE IT RESOLVED that the Mayor is
hereby authorized to execute the agreement entitled, "First
Supplement to Agreement Re Final Order of Condemnation", a
copy of which is attached hereto.
PASSED AND ADOPTED this 19th day of July, 1977.
ATTEST:
CI
TY CL
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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. )
)
CITY OF NATIONAL CITY, )
)
Intervenor. )
)
NO. 306441
FIRST SUPPLEMENT TO
AGREEMENT RE FINAL ORDER
OF CONDEMNATION
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.
2. From and after the date the South Bay Irrigation
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District (District), National City, and/or the Sweetwater Authority
(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
4"of the Agreement, include all amounts billed but unpaid for both
water services and sewer services.
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APPROVED:
CITY OF CHULA VISTA
By
Will P. Hyde, Mayor
SWEETWATER AkT,IHORITY
By
Ki
e
SOUTH BAY IRRIGATION DISTRICT
By
David C. Burns, President
CITY OF NAT W1 AL CITY
By
Kile M6"rg, Mayor
CALIFORNJA-AMFRIC
By
T WATER COMPANY
�l r
0: L. Bann.,res.d, nt
DONALD F. McLEAN, JR., City
Attorney, CITY OF NATIONAL CITY
By
Donald F. McLean, Jr., Attorney
for Intervenor, City of
National City
GEORGE D. LINDBERG, City Attorney,
'Chairman CITY OF CHULA VISTA
PAUL D. ENGSTRAND
JOHN H. WHITNEY By
JENNINGS, ENGSTRAND & HENRIKSON George D. Lindberg
By,
Paul D. Engstrand, Attorneys
for South Bay Irrigation
District and Sweetwater
Authority
GRAY, CARY, AMES & FRYE
B
c.�
Eu ne L. Freeland, Attorneys
for Defendant, California -
American Water Company
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
ss.
On , 1977, before me, the undersigned,
a Notary Public in and for 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 IRRIGATION DISTRICT executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
On , 1977, before me, the undersigned,
a Notary Public in and for said 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 instrumen
on behalf of said public corporation, agency or political sub-
division, and acknowledged to me that such CITY OF NATIONAL CITY
executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
ss.
On , 1977, before me, the undersigned,
a Notary Public in and for 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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