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HomeMy WebLinkAboutCC RESO 8362RESOLUTION NO. 362 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CALIFORNIA WATER & TELEPHONE COMPANY FOR SEWER SERVICE .CHARGE BILLING AND COLLECTION The City Council of the City of National City does hereby resolve as follows: Pursuant to the provi sions of Section section (b) of Ordinance No. 1069 of the City City, the Mayor and City Clerk are respectively and directed to execute and attest that certain agreement between the CALIFORNIA WATER & TELEPHONE COMPANY and the City of National City, which agreement authorizes said Compaiy to bill and collect the sewer service charges pro- vided by said Ordinance, and a copy of which Agreement is attached hereto and incorporated by reference. PASSED AND ADOPTED this 3-day of April, 1963. ATT E:T : CITY CLERK Four, sub - of National authorized AGREEMENT THIS AGREEMENT, made and entered into this 30th day of April , 1963, by and between CALIFORNIA WATER & TELEPHONE COMPANY, a California corporation, herein- after referred to as "Company", and CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as "City", WI T N ESSET H: WHEREAS the City of National City, on the 16th day of April , 1963, adopted its Ordinance No, 1069 establishing sewer service charges; and WHEREAS City desires that Company bill and collect from Company's consumers said sewer service charges, and is willing to pay Company for Company's services in connection therewith; and WHEREAS Company is willing to bill and collect from Company's consumers said sewer service charges for the fee and upon the terms and conditions in this agreement set forth, NOW THEREFORE, for and in consideration of the mutual covenants and promises herein contained, it is hereby agreed as follows: 1. City shall forthwith furnish to Company a list cf all sewer service connections to be billed by Company. Said list shall provide accurate information as to the applicable rate to be charged each connection, togetl',er with the name and address of the person or firm to be billed. City shall at all times keep said list current. Should Ordinance No. 1069 be amended so as to establish different sewer service charges or different categories of service, Company's entire cost of estab- lishing new billing records shall be paid by City. 2. Company shall compute, produce and mail sewer service charge statements, either monthly or bi- monthly at the same time as Company bills its consumers for water service. 3. Company shall use the same procedure in prorating, opening and closing sewer service statements as is used by Company in connection with its water ser- vice. 4. Prior to commencing the billing of sewer service charges, City shall advise each water consumer by letter approved by Company of the reasons for imposing the sewer service charge. 5. Company shall commence the establishment of its billing procedures within thirty (30) days after the execution of this agreement or within thirty (30) days after the receipt of the list of sewer service connec- tions referred to in paragraph I hereof, whichever date is the latest. 6. Forty-five (45) days after each monthly and/or bi-monthly billing cycle is completed, commencing with the first billing by Company, Company shall submit a report as to statements rendered and collections re- ceivee and shall transmit to City all moneys collected 2 by Company on account of sewer service charges since the previcus report. The report shall include a list of all unpaid accounts. City may require Company to furnish a fiduciary bond in the sum of not more than Fifty Thousand Dollars (S50,000.00). The Company issuing said bond shall be selected by City, and City shall pay all premiums on said bond. 7. In the event that the number of variances, granted by City pursuant to Section Three (3) of Ordinance No. 1069 , to the sewer users exceeds one-fourth of one per cent (1/4 of 1%) of accounts billed, the cost incurred to revise Company's billing records by reason thereof shall be borne by City. 8. City shalt pay Company Twenty-five cents (25¢) for each individual sewer service statement rendered by Company. City wilt pay all charges for service rendered by Company within thirty (30) days after receipt of invoice. 9. The fee to be paid by City pursuant to paragraph 8 above shall be subject to revision upon request of either party in writing indicating a desire to renegotiate the amount of said fee. The parties may thereafter agree upon a revised fee which shall become effective upon the first anniversary date cf this agreement following the giving of written notice. Such notice must be given at least 90 days prior to the an- niversary date upon which the revised fee is to be effective. 10. This agreement shall be effective for one year after its execution, and shall be thereafter automatically renewed for one year on each anniversary date unless either party shall have served written notice of termination upon - 3 the other at least sixty ('60) days prior to the anniversary date specified in said notice as the date of termination. If proper notice is given pursuant to this section, this agreement shall be terminated on the anniversary date specified in such notice. I1. It is understood that Company shall not be resporsible for other than bilting of sewer service charges, receipt of the moneys therefor and the transmission of the moneys received by Company to City, together with the required reports. It is further understood and agreed that Company shall not be required to take any steps to enforce the collection of delinouent sewer service accounts. 12. Upon the termination of this agreement, only those records pertaining to the receipt of moneys for sewer charges by Company will be transferred to the City. 13. All disputed sewer service statements shall be refered by Company to City for clarification and dis- position. IN WITNESS WHEREOF the parties hereto, by and through their duly authorized officers, have executed this agreement as of the date first hereinabove written. CITY 0 4TIONAL CITY ATTEST: City Clerk AS TO FORM .'OS & SALINOER - 4 - Mayor CALIFORNIA 'WATER & TELEPHONE COMPANY By By Vl:II 'President