HomeMy WebLinkAbout2000-016 Atascadero Unified School Dist. Sewer Charges Settlement Agmt. ' CITY OF ATASC"'SERO
CONT�VTRACT4 9,
SETTLEMENT AGREEMENT AND
FULL MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND FULL MUTUAL RELEASE
("Agreement") is dated for reference purposes as of June 15, 2000, by and between the City
of Atascadero, California ("City") and the Atascadero Unified School District ("District")
(jointly, the "parties").
The parties desire to settle all matters related to those causes of action asserted by
City in that certain case entitled City of Atascadero v.Atascadero Unified School District, San
Luis Obispo Superior Court Case No. CV990795 (the "Litigation"). In the Litigation, the
City sought recovery of unpaid sewer service charges from the District.
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements
and considerations set forth herein, the parties agree as follows:
1. Upon execution of this Agreement, the City's City Council shall, no later than
the next regularly scheduled City Council meeting following the execution of this Agreement,
adopt the resolution attached to this Agreement as Exhibit "A", setting forth the reduced
sewer service rate to be charged to the District beginning on July 1, 2000. District shall,
within 45 days following July 1, 2000, pay to the City one-half of the estimated annual sewer
service charge, which amount shall be determined by taking one-half of the product of the
District's average annual attendance number for schools connected to the City's sewer system
(P2ADA number District provides to the State of California in March of each year, or
successor number) established in March 2000,which number is 3794, multiplied by $0.58 per
student, multiplied by twelve (12) months, for a total of $13,203.12. Not later than 45 days
following the District's determination of the District's average annual attendance number in
March 2001, District shall pay to City all remaining annual sewer service charges,which shall
be determined by taking the product of the District's average annual attendance number
established in March 2001,multiplied by$0.58 per student, multiplied by twelve (12) months,
and subtracting from that number the $13,203.12 payment made to City not later than 45
days following July 1, 2000. Future payments by District of sewer service charges to City
shall be made in the same fashion and on the same timelines as those made in fiscal year
2000-2001, using the average annual attendance numbers as updated each year by District.
While City reserves the right to increase or reduce sewer rates in the future, City shall not
increase District's sewer rates unless City increases all sewer rates in the City at the same
time.
2. The parties agree that the Press Release attached as Exhibit "B", which is
incorporated herein by reference, shall be jointly released by the parties, at a mutually
agreed date and time, not to exceed five days after the date of execution of this Agreement
by the last party to sign.
1
l�I
3. Upon adoption of the resolution attached to this Agreement as Exhibit "A",
the District shall forthwith pay to the City the amount of Two Hundred Three Thousand
Dollars ($203,000.00), which amount expressly includes the District's sewer service charges
due and payable to City through June 30, 2000. Except as set forth in paragraph 12 each
party to this Agreement shall bear its own costs and attorneys' fees incurred in connection
with the Litigation.
4. Upon receipt of the funds set forth in paragraph 2 of this Agreement, City
shall cause its counsel to execute and file a dismissal with prejudice of all claims stated in
the complaint in the Litigation. Upon entry of the dismissal, City's counsel shall forthwith
provide a conformed copy of the entered dismissal to counsel for the District.
5. City does hereby, for itself, its administrators, successors-in-interest and
assigns, fully and forever release and discharge District, its attorneys and agents, and each
of them, of and from any and all claims, demands, actions or causes of action against them
by reason of any occurrences or any damages or injuries whatsoever sustained by City,
relating to the causes of action asserted by City in the Litigation
6. Upon the occurrence of events and conditions set forth in paragraphs 1 and
4, above, District does hereby, for itself, its administrators, successors-in-interest and assigns,
fully and forever release and discharge City, its attorneys and agents, and each of them, of
and from any and all claims, demands, actions or causes of action against them by reason
of any occurrences or any damages or injuries whatsoever sustained by District relating to
the causes of action asserted by City in the Litigation. This release does not apply to any
alleged claims, charges or debts asserted by District as an affirmative defense or offset in the
Litigation, or which District may otherwise claim against City arising out of any matters
other than the causes of action asserted by City in the Litigation.
7. Each of the parties to this agreement represents and warrants that it has not
heretofore assigned, transferred, or purported to assign or transfer to any person or entity,
any liability, claim, demand, action, cause of action or right which is herein released and
discharged. Each such party, respectively, shall indemnify each other party released and
discharged by the foregoing provisions and their respective successors-in-interest, employees,
assigns, affiliates, partners, co-venturers, attorneys, and each of them, and shall hold them
harmless from and against (a) any liability, claim, demand, action, cause of action or right
which has been assigned or transferred by said party contrary to the foregoing representation
or in violation of the foregoing warranty; and (b) any and all loss, expense, and/or liability
arising directly or indirectly out of any breach of the foregoing warranty by said party.
8. Both of the parties are fully apprised of the provisions of California law
relating to releases and, in particular, to Section 1542 of the Civil Code of California, which
provides as follows:
2
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the debtor."
Each of the parties expressly waives the provisions of the aforementioned Section 1542 with
respect to claims, including those they do not know of or suspect to exist against the other,
arising out of or related to the causes of action asserted by City in the Litigation.
9. The provisions of this Agreement shall be deemed to obligate, extend to and
inure to the benefit of the successors, assigns, transferees, grantees and indemnitees of each
of the parties to this agreement.
10. Each of the parties to this agreement has been represented by independent
counsel of its own choice throughout all negotiations which preceded the execution of this
Agreement. Each party has executed this Agreement with the consent and upon the advice
of its independent counsel.
11. This settlement is a compromise of a disputed claim or claims and shall not
be deemed or construed as an admission of any liability by any persons and/or entities being
released and by whom liability is expressly denied.
12. In the event either party commences litigation to enforce any of the provisions
of this Agreement, to recover damages for breach of any of the provisions of this
Agreement, or to obtain declaratory relief in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in
addition to any other costs of litigation that may be awarded by the Court.
13. This Agreement constitutes the entire agreement between the parties and
supersedes any prior agreement, policy, practice or understanding between the parties,
written or oral relating to the Litigation. The terms of this Agreement may not be modified,
except by a writing signed by both parties. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument. If any of the provisions contained in this Agreement
are found null, void, or inoperative, for any reason, the remaining provisions shall remain
in full force and effect.
IN WITNESS WHEREOF, each of the parties hereto has executed this Settlement
Agreement and Full Mutual Release on the dates set forth below in San Luis Obispo
County, California. This Agreement shall be effective as of the date of the last signature.
3
CITY OF ATASCADERO ATASCADERO UNIFIED
SCHOOL DISTRICT
BY: BY: A Lt"�
Ray Johns n, or Suzette Scri er
Date: t Acting President, Board of Trustees
Date: Le J w)ori
ATTEST: ATTEST:
Marcia Torgerson, C Clerk Wayne WCooper, Acti g Clerk
Date: Date: (.1z0/a"
11 1
APPROVED AS TO FORM: APPROVED AS TO FORM:
DIEHL & RODEWALD
By:
Davi Leishman Anne M. Russell
Deputy City Attorney Attorneys for Atascadero Unified
School District
4
00/20/00. 15;41 '0805 541 6870 DIEHURODEITALD (12/1) 2
ATASCADER0 UNIFIED SCHOOL
CITY OF ATASCADERO DISTRICT
BY: BY:
Ray Johnson, Mayor Suzotte Scrivner
Date: _ Acting President, Board of Trustees
Date:
ATTEST: ATTEST:
Marcia Torgerson, City CIerk Wayne Cooper, Acting Clerk
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
DIEHL ROLE'W'AILID4
By:
David M. Fleishman c Russell
Deputy City Attorney A torneys for Atascadero Unified
School District
4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
REVISING THE CHARGES FOR SEWER SERVICE
WHEREAS: the City Council of the City of Atascadero has previously provided for rates for
sewer service provided to the residents of the City of Atascadero and others who use such
services;
WHEREAS: As provided for in a settlement agreement between the City of Atascadero and the
Atascadero Unified School District, the sewer service charges applicable to the Atascadero
Unified School District shall be reduced pursuant to a resolution of the City Council of the City
of Atascadero;
WHEREAS: Such sewer charges are and will continue to be imposed only as a condition of
continued service and on only on the basis of the amount of sewage generated, and not upon a
person or entity as an incident of property ownership;
WHEREAS: The sewer charges adopted herein are adopted by resolution pursuant to the
Revenue Bond Act of 1941;
NOW THEREFORE the City Council of the City of Atascadero does resolve as follows:
Section 1. Sewer Charges. Effective July 1, 2000, the charge for sewer service for the
Atascadero Unified School District shall be reduced to $0.58 per student per month based on the
average annual attendance ("P2ADA") number published by the District in March of each year.
Section 2. Savings and Interpretation Clause. This resolution shall not be interpreted
in any manner to conflict with controlling provisions of state law, including, without limitation,
the Constitution of the State of California. If any section, subsection or clause of this resolution
shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining
sections, subsections and clauses shall not be affected thereby. If this resolution, or any section,
subsection or clause of this resolution shall be deemed unconstitutional or invalid, the validity of
this resolution and its sections, subsections and clauses, shall not be affected.
Section 3. Publication and Effective Date.Within fifteen (15) days after passage, the
City Clerk shall cause this resolution to be published one time in a newspaper of general
circulation in the City.
CITY OF ATASCADERO
BY:
Ray Johnson, Mayor
ATTEST:
City Clerk
News from the:
City of Atascadero Atascadero Unified School District
City Manager's Office Superintendent's Office
6500 Palma Ave., Room 208 5601 West Mall
Atascadero, CA 93422 Atascadero, California 93422
(805) 466-5010 (805) 462-4200
Forimmediate release..................................................Faxed June , 2000
Contact:
David Fleishman, Attorney at Law Anne M. Russell, Diehl & Rodewald
(805) 226-9240 (805) 541-1000
CITY OF ATASCADERO AND ATASCADERO UNIFIED SCHOOL
DISTRICT REACH SETTLEMENT ON SEWER BILLS
The Atascadero Unified School District and the City of Atascadero are pleased to
report that they have reached a mutual settlement over sewer bills. The school district
will pay the City for unpaid sewer bills and the City will establish a reduced sewer rate
for the District based upon the water usage.
"We are pleased that we were able to put our differences behind us and work with
the District to resolve this issue," said City Manager Wade McKinney. "The District had
concerns about the sewer rates and the City addressed those concerns by calculating rates
using water usage as a measure to determine actual sewer usage. In exchange,the
District will pay the unpaid sewer charges that have added up over the years. It's really a
win-win situation for both sides."
District officials were similarly pleased. According to Interim Superintendent of
Schools Jim Stecher, "Everyone benefits from resolution of this long standing dispute.
The reduced rate addresses our concerns. We are happy to have resolved the issue of
unpaid bills, since the District always intended to pay what it fairly owed. We look
forward to a new era of cooperation between the District and the City, as both agencies
seek to do what is best for students and the community as a whole."
The dispute centered around the City's invoicing the school district for the
District's use of the City's sewer system. The issue has lingered for many years and
several attempts had been made at resolution. "Once both agencies began working
together we knew there would be a solution," said Mayor Ray Johnson.
EXHI . �
® R MIRCITY OF ATASCADERO
psis e
1979
� A►Sr�E) �� OFFICE of the CITY CLERK
June 22, 2000
Atascadero Unified School District
5601 West Mall
Atascadero, CA 93422
ATTN: Ms. Katie Horton
RE: City of Atascadero v. AUSD
Dear Ms. Horton:
Enclosed please find a fully executed original settlement agreement for the above-referenced
case.
Sincerely,
P/Li/1- � M` 1
Marcia McClure Torg erson
City Clerk
/m
cc: Diehl & Rodewald
1043 Pacific St.
San Luis Obispo, CA 93401
ATTN: Ms. Anne M. Russell
6500 PALMA AVENUE ATASCADERO, CA 93422 (805) 461-5074
06'19/00 , 16:11 'V8O5 531 6870 DIEHL&RODEWALD Z001,,007
r
DIEHL & RODEWALD
Joseph W. Diehl, Jr. A Professional Corporation Telephone:
Roderick A. Rodewald ATTORNEYS AT LAW (805) 541-1000
Lisa Boutelle Lazzara Telecopler:
Shannon G. Mathew 1043 PACIFIC STREET (805) $41-6810
SAN LUIS OBISPO. CALIFORNIA 93401
OF COUNSEL
Anne M. Russell
Our File No. 1230-99
FAX COVER SHEET
TO: Katie Horton
FAX NUMBER: 462-4421
COMPANY OR FIRM: Atascadero Unified School District
FROM: Anne M. Russell
RE: City of Atascadero v. AVSD
DESCRIPTION: Settlement Agreement and Full Mutual Release
DATE: dune 13, 2000 TIME: 7 �jr-In
NUMBER OF PAGES TO FOLLOW THIS COVER LE?TER: 6
MESSAGE: This copy has my approval as to form. Will have to attach original
signature later.
IF YOU DO NOT RECEIVE ANY OR ALL OF TH'E FOLLOWING PAGES, PLEASE NOTIFY US
AT (805) 541-1000. OPERATOR: mw
X ORIGINAL WILL NOT FOLLOW
ORIGINAL WILL FOLLOW BY (Check one of the following):
Y Regular Mail
Certified Mail, Return Receipt Requested
Federal Express
Other
THE I '1FdRItATIfi�N CtlTd#N'f�l IN THIS "1"I_IE' OPY 7RAN511liiSt4M IS
C®NIDEwPi"IIAL Na I AY A S47 131* 11r'I,1UCT Tib 14 +P►TTpRN>:Y f.iN*NT
I*N E- 0NLYRT
INCI1uIC UAI>t' Fk I N`Ft'I'1f Tt'3 I IS A�i11�;1rSSE 7
S
2
06.18!04 16.12 V805 541 6570 DIEHL&RODEVALD &02!007
t
ORIGINAL
SETTLEMENT AGREEMENT AND
FULL MUTUAL RELEASE
THIS SETTLEIMENT AGREEMENT AND FULL MUTLAL RELEASE
("Agreement") is dated for reference purposes as of June 15, 2000, by and between the Ciry
of Atascadero, California ("City") and the Atascadero Unified School District ("District")
(jointly, the "parties").
The parties desire to settle all matters related to those causes of action asserted by
City in that certain: case entitled City of Atascadero v.Atascadero Unified School,District, San
Luis Obispo Superior Court Case No. C"V990795 (the "Litigation"), In the Litigation, the
City soug}jt recovery of unpaid sewer service charges from the District.
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements
and considerations sct forth herein, the parties agree as follows:
1, Upon execution of this Agreement, the City's City Council shall, no later than
the next regularly scheduled City Council meeting following the execution of this Agreerrrcnt,
adopt the resolution attached to this Agreement as Exhibit `'A", setting forth the reduced
sewer service rate to be charged to the District beginning on July 1., 2000. District shall,
within 45 days following July 1, 2000,pay to the City one-half of the estimated annual sewer
service charge, which amount shall be determined by taking one-half of the product of the
District's average annual attendance number for schools connected to the City's sewer systetr
(P2ADA number District provides to the State of Califomia in March of each year, or
successor number) established in March 2000,which number is 3794, multiplied by$0.58 per
student, multiplied by twelve (12) months, for a total of$13,203.12. Not later than 45 days
following the District's determination of the District's average annual attendance number in
March 2001, District shall pay to City all remaining annual sewer service charges,which shall
be determined by taking the product of the District's average annual attendance number
established in March 2001,multiplied by$0.58 per student,multiplied by twelve (12)months,
and subtracting from that number the $13,203.12 payment irade to City not later than 45
days following July 1, 2000. Future payments by District of sewer service charges to City
shall be. made in the same fashion and on the same timelines as those made in fiscal year
2000-2001., using the average annual attendance numbers as updated each year by District.
while. City reserves the right to increase or reduce sewer rates in the future, City shalt not
increase District's sewer rates unless City increases ali Sewer rates in the City at the same
time.
2. The parties agree that the ]Press Release attached as Exhibit "B", which i;
incorporated herein by reference, shall be jointly released by the parties, at a mutually
a;reed date and time;, not to exceed five days after the date of execution of this Agreement
by the last party to sign.
7
06 16'00 16:13 %P805 541 6470 DIEHL&RODEWALD 0003/00",
3. upon adoption of the resolution attached to this Agreement as F-xhibit "A",
the District shall forthwith pay to the City the amount of Two Hundred Three Thousar:d
Dollars ($203,000.00), which amount expressly includes the ' istr.ict's sewer service charges
due and payable tQ City through June 30, 2000. Except as set forth in paragraph 12 each,
party to this Agreement shall bear its own costs and attorneys' fees incurred in connection
with the Litigation.
4. Upon receipt of tiie funds set forth in paragraph 2 of this Agreement, City
shall cause its counsel to execute and file a dismissal with prejudice of all claims stated in
the complaint in the Litigation. Upon entry of the dismissal, City's counsel shall forthwith
provide a conformed copy of the entered dismissal to counsel far the District.
5. City does hereby, for itself, its administrators, successors-in-interest and
assigns, fully and forever release and discharge District, its attorneys and agents, and each
of them, of and from any and all claims, demands, actions or causes of action against them
by reason of any occurrences or any damages or injuries whatsoever sustained by City,
relating to the causes of action asserted by City in the Litigation
b, Upon the occurrence of events and conditions set forth in paragraphs 1 and
4,above, District does hereby, for itself,its administrators, successors-in-interest and assigns,
fully and forever release and discharge City, its attorneys and agents, and each of them, of
and from any and all claims, demands, actions or causes of action against them by reason
of any occurrences or any damages or injuries whatsoever sustained by District relating to
the causes of action asserted by City in the Litigation. This release does not apply to any
alleged claims, charges or debts asserted by District as an affirmative defense or offset in the
Litigation, or which District may otherwise claire against City arising out of any matters
other than the causes of action asserted by City in the Litigation.
7. Each of the parties to this agreement represents and warrants that it has not
heretofore assigned, transferred, or purported to assign or transfer to any person or entity,
any liability, claire, demand, action, cause of action or right which is herein released and
discharged. Each such party, respectively, shall indemnify each other party released and
discharged by the foregoing provisions and their respective successors-in-interest., employees,
assigns, affiliates, partners, co-venturers, attorneys, and each of them, and shall hold them
harmless from and against (a) any liability, claire, demand, action, cause of action or right
which has been assigned or transferred by said party contrary to the foregoing representation
or in violation of the foregoing warranty; and (b) any and all loss; expense, and/or liability
arising directly or indirectly out of any breach of the foregoing warranty by said party.
S. Both of the parties are fully apprised of the provisions of California law
relating to releases and; in particular, to Section 1542 of the Civil Code of 00-11fornia, whish
provides as follows:
2
06/1940 16:18 V805 541 6670 DIEHL&RODEWALD Z004/007
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement Wath the debtor."
Each of the parties expressly waives the provisions of the aforementioned Section 1542 with
respect to claims, including those they do not know of or suspect to exist against the other,
arising out of or related to the causes of action asserted by City in the Litigation.
9. The provisions of this Agreement shall be deemed to obligate, extend to and
inure to the benefit of the successors, assigns, transferees, grantees and indemnitees of each
of the parties to this agreement.
10. Each of the parties to this agreement has been represented by independent
counsel of its own choice throughout all negotiations which preceded the execution of this
Agreement. Each party has executed this Agreement with the consent and upon tic. advice
of its independent counsel.
11. This settlement is a compromise of a disputed claim or claims and shall not
be deemed or construed as an admission of any liability by any p .rsons and/or entities being
released and by whom liability is expressly denied.
12. 1n the event either party commences litigation to enforce, any of the provisions
of this Agreement, to recover damages for breach of any of the provisions of this
Agreement, or to obtain declaratory relief in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in
addition to any other costs of litigation that may be awarded by the Court.
13. This Agreement constitutes the entire agreement between the parties and
supersedes any prior agreement, policy, practice or understanding between the parties,
written or oral relating to the Litigation. The terms of this Agreement tray not be modified,
except by a writing signed by both parties. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument. If any of the provisions contained in this Agreement
are found null, void, or inoperative, for any reason, the remaining provisions shall remain
in full force and effect.
IN WITNESS WHEREOF, each of the parties hereto has executed this Settlement
Agreement and bull Mutual Release on the dates set forth below in San Luis Obispo
County, California. This Agreement shall be effective as of the date of the last signatur%.
3
06"'19/00 16:14 '$305 541 6870 DIEHURODEITALD [it 006,C0?
�rrr+
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
REVISING THE CHANCES FOR SEWER SERVICE
WHEREAS: the City Council of the City of Atascadero,has previously provided for rates for
sewer service provided to the residerxts of the City of Atascadero and others who use such
services;
WHEREAS: As provided for in a settlement agreement between the City of.Atascadero and the
Atascadero Unified School District, the sewer service charges applicable to the Atascadero
Unified School District shall be reduced pursuant to a resolution of the City Council of the City
of Atascadero;
WHEREAS: Such sewer charges are and will continue to be imposed only as a condition of
continued service and on only on the basis of the arnount of sewage generated, and not upon a
person or entity as an incident of property ownership;
WHEREAS: The sewer charges adopted herein are adopted by resolution pursuant to te
Revenue Bond Act of 1941;
NOW THEREFORE the City Council of the City of Atascadero does eesolve as follows:
Section 1. Sewer ChaWs. Effective July 1, 2000, the charge for sewer service for the
Atascadero Unified School District shall be reduced to $0.58 per student per month based on the
average annual attendance("P2ADA")nurnber published by the Distxict in March of each year.
Sectivu 2 Savings I�aterpretation Clause. This resolution shall not be interpreted
in any manner tc conflict with controlling provisions of state law, including, Nrithout limitation,
the Constitution of the State of California. If any section, subsection or clause of this resolution
shall be deemed to be unconstitutional or otherwise invalid, the validit;; of the rer.-iaining
sections, subsections and clauses shall not be affected thereby. If this resolution, or any section,
subsection or clause of ittis resolution shall be deemed unconstitutional or invalid, the validity of
this resolution and its sections,subsections and clauses, shall not be affected.
Section 3. Publication and Effective Date.Within fifteen (15) days after passage, the
City Clerk shall cause this resolution to be published one time in a newspaper cf general
circulation in the City.
CITY OF ATASCADERU
BY: _.
Ray Johnson, Mayor
ATTEST-
City Clerk �
a Jl. --�
06/19/00 1F:15 V8)5 541 6870 17iIEHL&RODEWALD
Neves from the: _
City of Atascadero �1 Atascadero Unified Sc coal District
City Manager's Office Superintendent's Office
6500 palma Ave., Room 208 5601. West Mall
Atascadero,CA 93422 Atascadero,California 93422
(805)466-5010 _ (805)462-4200
For immediate release..................................................Faxed June , 2000
Contact:
David Fleishman,Attorney at Law Anne M. Russell, Diehl & Rodewald
(805) 226-9240 (805) 541-1000
CITY OF ATASCADERO AND ATASCADERO UNHIED SCHOOL,
DISTRICT REACH SETTLEMENT ON SEWER BILLS
The Atascadero Urufied School District and the City of Atascadero are pleased to
report that they have reached a mutual settlement over sewer bills. The school district
will pay the City for unpaid sewer bills and the City will establish a reduced sewer rate
for the District based upon the water usage.
"We are pleased that we were able to put our differences behind us and work with
the District to resolve this issue," said City Manager Wade McKinney "The District had
concerns about the sewer rates and the City addressed those concerns by calculating rates
using water usage as a measure to determine actual sewer usage. In exchange,the
District will pay the unpaid sewer charges that have added up over the years. It's really a
win-win situation for both sides."
District officials were similarly pleased. According to Interim Superintendent of
Schools Jim Stecher, "Everyone benefits from resolution of this long standing dispute.
The reduced rate addresses our concerns. We are happy to have resolved the issue of
unpaid bills, since the Distract always intended to pay what it fairly owed. We look
forward to a new era of'cooperation between the District and the City, as both agencies
seek to do what is best for students and the community as a whole."
The dispute centered around the City's invoicing the school district for the
District's use of the City's sewer system. Thc,issue has lingered for many years and
several attempts had been made at resolution. "Once both agencies began working
together we knew there would be a solution," said Mayor Ray Johnson.
###
Atascadero Unified School District
5601 WEST MALL • ATASCADERO,CALIFORNIA 93422
DISTRICT OFFICE (805)462-4200 • FAX (805)466-2941
James L.Stecher,Interim Superintendent
June 20, 2000
Mr. Wade McKinney
City Manager, City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. McKinney,
Attached you will find two duplicate originals of the Settlement Agreement and Full
Mutual Release between the District and the City. Prior to any press release, and upon full
execution of both sets of documents,please return one fully executed copy to the District for our
files.
Thank you for your cooperation.
Sincerely,
JAMES L. STECHER
Interim Superintendent
Attachments
Carrisa Plains Elementary Creston Elementary Monterey Road Elementary San Benito Road Elementary
San Gabriel Road Elementary • Santa Margarita Elementary • Santa Rosa Academic Academy
Atascadero Fine Arts Academy Atascadero Junior High School Atascadero High School
Oak Hills/Westside High School West Mall Alternative School Atascadero Adult School