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Home My WebLink AboutCC RESO 10,491RESOLUTION NO. 10',491 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF SAN DIEGO (Plaza Boulevard Interceptor Sewer) BE IT RESOLVED by the City Council of the City of National City that the Mayor of National City is hereby authorized and directed to execute an Agreement for sewage transportation service to properties within the boundaries of both San Diego and National City with the City of San Diego. ATTEST: PASSED AND ADOPTED this 2nd day of November, 1971. 1 ORIGINAL AGREEMENT THIS AGREEMENT is made by THE CITY OF SAN DIEGO, a municipal corporation, herein called "San Diego," and THE CITY OF NATIONAL CITY, a municipal corporation, herein called "National City." RECITALS A. National City proposes to construct a major sewage transportation facility to be known as Plaza Boulevard Interceptor Sewer. B. Sewer will provide sewage transportation service to properties within the boundaries of both San Diego and National City. C. National City has an existing sewage transporta- tion system which will be replaced and/or augmented by Interceptor Sewer. D. San Diego has heretofore purchased transportation rights which would allow a 1.0 million gallon per day (mgd) flow through National City's existing sewage transportation system by an agreement dated April 17, 1968, on file in the office of the San Diego City Clerk as Document No. 727953. E. San Diego desires to transfer the current 1 mgd flow to the proposed sewer and to purchase transportation rights for an additional 3.4 mgd flow rate through said Sewer, thereby making a total San Diego flow capacity in Sewer of 4.4 mgd. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, San Diego and National City agree as follows: 1. National City will contract to construct Sewer in accordance with its established policies and in full compliance with the law concerning such matters. 2. Sewer shall have sufficient transporting capacity to carry both the sewage generated within National City and the total San Diego flow, as described in Recital E above. 3. San Diego shall pay National City for a proportionate share of sewer construction costs based on the percentage of San Diego's flow rights in each section of the proposed Sewer, in accordance with the following schedule: Estimated Flows, MGD Estimated San Diego S. D. Propor- Estimated Estimated Total Rights tion of Flow Cost City Share Section 1- Eight St. to Inter - State 805 5.178 3.4 66% $186,295 $122,955 Section 2- Interstate 805 Palm Ave. 10.738 3.4 32% 83,766 26,805 Section 3- Palm Ave. to Highland Ave. 13.138 3.4 26% 132,189 34,369 Section 4- Highland Ave. to National Ave. Section 5- National Ave. to Wilson Ave. 13.138 3.4 26% 187,073 48,639 16.978 3.4 200 189,175 37,835 $778,498 $270,603 -2- Plus Contingency Share. Provided that, in the event actual cost of construction exceeds or is less than the total estimated cost set forth above, San Diego shall pay its share of the actual cost of Sewer based on the formula and schedule for actual design capacity of the Sewer as set forth above, and further provided that in no event shall San Diego pay more than one hundred ten percent (1100) of the estimated San Diego share plus contingency, as set forth above, without prior authorization by the City Council of San Diego. 4. San Diego shall, upon written demand by National City, pay its share of estimated or actual cost of construction, as the case may be, on the basis of certain progress payments. Said progress payments shall be based on a percentage of San Diego's cost herein as compared to the cost incurred by National City for construction of Sewer. As an example thereof, when National City pays its contractor ten percent (10%) of the contract price for construction of Sewer, San Diego shall pay National City, upon written demand, that sum of money which is directly proportionate to ten percent (100) of the ratio which $270,603 bears to $778,498. This payment procedure shall be followed until San Diego has paid National City the entire sum which San Diego is obligated to pay hereunder. -3- 5. National City warrants and agrees that Sewer will be constructed in accordance with appropriate recognized standards in the industry and in a good and workmanlike manner. 6. Those certain rights accruing to San Diego by virtue of an agreement between San Diego and National City dated April 17, 1969, on file in the office of the San Diego City Clerk, are continued under this agreement, provided that San Diego may utilize those rights in and through the newly constructed Sewer, and further provided that the rights granted thereunder shall continue for so long as San Diego has rights set forth in paragraph 7 hereof. 7. San Diego by this agreement to pay a portion of construction costs as more fully set forth herein, purchases the right to transport an additional 3.4 mgd sewage flow through said Sewer for a period of thirty (30) years commencing with the first day upon which Sewer is operative or July 1, 1972, whichever date is earlier. 8. In the event National City does not commence construction of Sewer on or before January 1, 1972, this agreement shall be of no force and effect. IN WITNESS WHEREOF, this agreement is executed by The City of San Diego, acting by and through its City -4- JB:clh D/21/71 Manager, pursuant to Resolution No. 204U authorizing such execution, and by National City, acting by and through its respective officials pursuant to Resolution No. / 9/ , adopted by its governing body authorizing/such execution. Dated this �`} day ofY 1971. THE CITY OF SAN DIEGO ASSISTANT TOT ByE 1 ��i-��+_-•�• City Manager THE CITY OF NATIONAL CITY I HEREBY APPROVE the form and legality of the foregoing agreement this 2_ % day of By Peter D , 1971. JOHN W. WITT, City Attorney - 5- Bulens, Deputy RESOLUTION No. 2t)rOJ3 Adopted on OCT 2 & •I E i BE IT RESOLVED, by the Council of The City of San Diego as follows: That the City Manager be ane he is hereby authorized and empowered to execute, for and on behalf of City, an agreement with National City to allow San Diego to purchase 3.4 million gallons per day capacity in the proposed Plaza Boulevard sewer, under the terms and conditions set forth in the form of agreement on file in the office of the City Clerk as Document No. 73'7'795 BE IT FURTHER RESOLVED, that the Auditor and Comptroller is hereby authorized to transfer the sum of $297,663 within the Sewer Revenue Fund (506) from Unallocated Reserve (68.91 - 3495) to Contributions to System Extensions (68.53 - 3299) for the above purpose. APPROVED: JOHN W. WITT, City Attorney By Peter-D. Bulens, Deputy PDB:clh 10/21/71 Aud.Cert.#3544 Passed and adopted by The Council of The City of San Diego on - '2 6 l l r by the following vote: Councilmen Helen Cobb Sam T. Loftin Henry L. Landt Leon L. Williams Floyd L. Morrow Bob Martinet Allen Hitch Mike Schaefer Mayor Frank Curran Yeas Nays LI ❑ ��yy ❑ E ❑ EY ❑ Dz l� ❑ ❑ AUTIIENTICATED BY: forcc,::inr is a f.: 1, true c-nd correct copy of of a'_1U Ci • pC...UL ,,.. is .;o. _. .for:l_a tl tlle C,.) : �2 la of i...erI. (Seal) Excused Absent ❑❑❑❑❑❑❑❑❑ FRANK CURRAN Mayor of The City of San Diego, California. ED'fAR) ITT:sIsJ.r City Clerk of The City of San Diego, California. Bye,7( Deputy. CC-12G5-0 IREV. 8-70)