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HomeMy WebLinkAboutCC RESO 5675CO -I S) s ,L,,, RESOLUTION NO. ✓� 7�f BE IT RLSOLVED by t'.:e City Council of the City of National City, Californa, as follcws: SECTION l: That certain agreement between CITY OF "V ri77o, and the CITY OF NATIONAL CITY municipal corporation, a copy of BaId $4;e'."n 41hii is attached Hereto, and by this reference incorporated herein the same as though fully set forth herein, be, and the same is hereby, approved. SECTION 2: That MAURICE CAFaIGAN, Mayor of the City of National City is, and he is �_�.. iW� cuy, e J.4cd and directed to execute the same for and upon behalf of the said City. PASSED AND ADOPTED by the City Council of the City of National City, California, this 1st day of April AYES: Councilmen C , 19 52 , by the following vote, to -wit: Curry,. Hart, Ingalls, Carrigan NAYS: Councilmen None ABSENT: None Maurice Carri^;an Mayor of the City of National City, California. ATTEST: Irene Y. Alston City Clerk. I hereby approve the foregoing Resolution Ordinance this 1st day of --pri l 1952 Mayor of the City of National City, California. Resolution 5675 I hereby certify that the above and foregoing is a full and true copy of No Ordiiaahee of the Resolutions Qrdinantet of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the ist day of px' i1 , City Clerk of the City of National City, California. Deputy bE AGE AGR::LI,ErT Tim CITY OF JAE DIEGO, hereinafter called "San Diego" and the CITY OF ileTIeNAL CITY, hereinafter called "rational City", municipal corporations in the County of an Diego, State of California, having contiguous boundaries in said County, from and after the day this agreement has been executed by both parties hereto, agree to perform and be bound by each and all the matters hereinafter set forth: 'A. RECITALS, D FILITI^' S A `D GEfl.R L Rumors A-1. The parties hereto on the 14th day of January, 1942, executed an agreement concerning the construction of p seweee treatment plant and appurtenances in San Diego and the use thereof by both parties, and on the 12th day of June, 1951, executed an ariendnent to said agreer.;ent and an agreei.ient providing for transportation of sewage, all of which said documents are on file with the City Clerk of The City of San Diego and beer Document nos. 335438, 435340 and 435339 respectively. By this agreement the parties intend to amplify the scope of the previous agreements and to provide a mutual and equitable solution to their common sewer probler:,s. The said previous aereernents shall be superseded by this agreement on the effective date hereof, elthouph during the htance of such month the rates therein set forth shall reme in applicable. A-2. "Boundaries and territory" mean respectively the present political boundaries of each city and the lend encompassed within each City's boundaries and shall include future boundaries and territory from and after the date such future boundaries are - approved by the Legislature of the State of California, unless either City by sixty (60) days written notice to the other elects to restrict the territorial operation of this agreement to the boundaries in effect on the effective drte of such notice. A-3. Each City shall, when reeuested by the other, transport through its territory subject to the terms of this agreement, sewage originating within the territory of the other. A-4. Each `:City hereby relinquishes all claims to, and hereby passes to the other such title as it may have in, all sewer lines within the boundaries of the other, provided however, that this provision shall not apply to sewage metering stations. A-5. With respect to the particular matters hereinafter provided for, each City may have the status of one or more of the following: (a) "Originating City" - the City within whose territory sewage originates. (b) "Transporting City" - the City within whose territory Originating City's sewage flows. (c) "Treating City" - the'City processing through Fa sewage treatment plant, the sewage of the other. (d) "Agent City" - the City perv� , thing farthe other d" ••L �• ••� is .s ti �li certain maintenance and accounting functions. (e) "Principal City" - the City for whom such functions are performed by the Agent City. A-6. "Transporting City's Lines" or "Its Lines" where the context so indicates, means all lines within the boundaries of such City, title to which is vested in such City either by virtue of this agreement or otherwise. A-7. "New Lines" and' "Exemtt Lines" have the meaning developed in Section 13-1. A-8. Wherever in this agreement something is contemplated to be done by Supplementary Agreement, the City renegers of each City shall have the authority to execute such informel Sunnlementery Agreements provided they do not vary the terms hereof and are denominated "Supplementary Sewage Agreement of Any such agreement, however, shall be void eb initio unless -2- ,t4 subsequently ratified by the Council of eech City within thirty (30) days of the date thereof. A-9. Service of any notices, demands or other documents referred to in this agreement may be accomplished by leaving a copy thereof with the City I:aneger or with one of the assistants, secretaries or clerks in his office, or by mailing such copy addressed to the City Lanager via Registered P:flil. A-10. The execution of this agreement by either City shill not under any circumstances be interpreted or construed as a relinquishment by such City of any claim of title or existing rights in any land covered thereby or involved therein which said City may now have or assert. A-11. Either party hereto may terminate this agreement upon two (2) years written notice to the other. B. I'EW LII'ns AND CCONSTRUCTION 3-1. When for any reason, Originating City desires to bring or construct sewer lines to the boundary of Transporting City, and have the contents of such lines thereafter transported from that point by or through Transporting City, it shnll notify Transporting City of such fact and commence negoti^tions for the handling thereof. That portion of any line, including lift stations where necessary, constructed or to be constructed within Transporting City by Originating City shall be known as a "knew Line" until such time as title thereto passes to Transporting City or it becomes an Exempt Line, or notice is served on Transporting City that it is to be built as an rxempt.Line. B-2. Originating City shall serve upon Transporting City preliminary proposals and plats indicating the rew Line's size, type, route, estimated maximum flow it is designed to carry and the point of connection thereof to Transporting City's lines and all plans and specifications for such new Linea. -3- i3-3. Transporting City I:ay serve upon Originating. City objections in writing to such proposals and plats or,plans and specifications, and in connection with such objections may state its rainiraun requirerients with respect to such new Line. Transporting City may consent to such proposals and plats or plans and specifications by a writing of its City Tanager or by failure to serve such objections within twenty (20) days. Consent by either such method will he binding on Transporting City, which City thereafter shall not interfere with the construction of such lines in conformity to the details so consented to, nor shall it interfere with the flow of sewage therefrom into its lines. 3-4. ;;hen Transporting City considers it desirable to require New Lines to be larger or in different locations than would be required for the sole purpose of handling Originating City's sewage, in order to handle present or future sewage• of Transporting City, the parties hereto may, by Supplementary Agreement, agree to share the costs of such new Line in proportion to the benefits to be derived therefror,. B-5. Should requirements of Transporting City seem, for any reason to be unreasonable to Originating City and agreer,ent cannot be reached on such proposed raw Line, then and in th-t event, Originating City may serve notice on Transporting City that it will constructsuch Line rs an rncernt Line. Plans and spec,Ifications for such ;;xenpt Line shall be served upon Trrns- porting City but Transporting City shall have no co•trol over such construction except to the extent thrt it may prevent unreasonable_interference with its public streets and may rewire proper replacement or resurfacing thereof. No connections between Exempt Lines and Transporting City's Lines shall be made without the consent of both cities. Title to, and responsibility for, maintenance and replace- ment of r;xet:ipt Lines shall remain in Originating City. Sewage flowing in Exempt Lines shall be exempt from the tr^nsport^lion -4- rates hereinafter provided for. Exempt Lines s Pl1 ce-se to exist as such and title thereto shall pass to Transporting City when such lines are offered to and ;accented by Transporting City. B-6. New and ExemA Lines may be constructed by Originating City's own forces, by private contractors constructing the said line under contract with Originating City as a public improvement, or by or on behalf of ix-ivate persons or subdividers who have secured the consent of 'ahe Originating City to construct such lines. Insofar as this agreement is concerned, lines constructed by or on behalf of said private persons or subdividers shall be deemed to be constru::ted by Originating City and no such private persons or subd:viders shall have any rights under this agreement. New and rxe:apt Lines may also be constructed by Transporting City under Suiplementary Agreement whereby nll or a portion of the cost t'lereof shall be Ts' d to Transporting City by or on behalf of Originating City. B-7. Transporting City shall have access to the construction site of and the right cf inspection of all rew and "xempt Lines built or deemed to be built by Originating City. The cost of such inspection shall be invoiced to Originating City eithermonthly or at the conclusion of the work and shall be paid by Originating City as in Section E-2 provided. This requirement cf inspection may be waived or the cost and method of payment of such inspection may be provided for by Supplementary Agreement. B-8. Originating City shall hold and save harmless Transporting City, its officers and employees, from any liability of whatsoever kind or nature arising out of the construction of hew and Exempt Lines by Originating City or which are, by this agreement deemed to be constructed by Originating City, and Transporting City shall ih no event be reeuired to nay or be responsible for any part of the cost of construction of such Lines, except to the extent it has agreed to share in such cost. -5- B-9. Corrected Plans and Specifications to show the actual construction details of all lines whether.?'ow or Exempt shall be served upon Transporting City after such lines pre completed. With respect to all but Exempt Lines if no objection is served upon Originating City, within ten (10) days thereof, title thereto shall, on the tenth day, pass to Transporting City. If objection is made within the ten (10) days, the line shall then become an "Exempt Linen. li-10. Defects in replacement or re-surfacing:of streets shall not prevent title from passing and cause a New Line to become an Exempt Line. If Transporting City is not satisfied with such replacement or resurfacing, it shall serve notice thereof on Originating City not later than the fifteenth day after service upon it of the corrected specifications and if such condition is not corrected with ten (10) days of such notice, Transporting City may perform or cause to be performed, such work, and charge the cost thereof to Originating City. B-11. After title tt,o Naw o ' i^.'+.{ ampt ,fines has vssted in Transporting City, it shall thereafter have the obligation of repair and replacement thereof, including where necessary, replacement with a Line of greater capacity, and the flow of sewage therethrough shall become subject to the transportation rates hereinafter provided. C. TRANSPORTATION RATES C-1. Originating City shall install and maint"in within its boundaries, or with the consent of Transporting City, within the latter+s boundaries, such metering devices as will be sufficient to measure the amount of Originating City'a sewage flowing into and through Transporting City. The requirement of installation of any such meter may be dispensed with by, or by arrangements made pursuant to, other provisions of this agreement, but where -6. not ee dispensed with and such meter is not installed or properly maintained by Originating City, or such meter-, is defective, then in any such event, if Originating City does not remedy the situation within a reasonable time after receipt of notice from Transporting City, setting forth the particular matters complained of, Transporting City may perform such work as may be necessary to cure the matters complained of and charge the cost thereof to Originating City. C-2. Each City shall retain title to, and be responsible for proper maintenance, replacement and reading of all meters installed by it whether within or without its boundaries. Each City shall have access to the meters of the other to, make or verify readings or determine the operating condition of such meters, or perform the work mentioned in the preceding section. Each City shall keep records of its meter readings which record shall be available to the inspection of the other. • C-3. It is recognized by both parties hereto that without the fault of either, a meter may become temporarily inoperative and in such event unrecorded flaw throw r,qu`oh mete shall be " assumed to be that amount per day which is the ecuivalent of the average daily flow through such meter during the immediately preceding period of as near three (3) months as practic^ble, for which ureter readings are available. C-4. Originating City shall pay to Transporting:City at the flow rates hereinafter provided, for all transportation of its sewage through Transporting City's lines. C-5. In lieu of metering the flow in any particular line or lines, by Supplementary Agreement, the parties may agree: (a) To assign to each family unit, the sewage from which flows into such line, an arbitrary volume of sewage per month, or a flat rate to be paid -7- for the handling thereof. A family unit for this purpose shall consist of a person or group of persona each of which persons or groups inhabit separate living quarters cont^ining a common kitchen or bathroom; or (b) Where motels, trailer courts or similar establish- ments connect on to such line and for this or for any other reason it is impracticable to compute the flow in terms of family units, some other arbitrary volume of flow or a flat rate to be paid for the handling thereof may be assigned to such line or lines or to particular connections to such line or lines. C-6. Whenever either party hereto becomes dissatisfied with the application as to any particular line or lines of the substitutes for metering, provided for in the preceding section and a satisfactory adjustment cannot be reached between the parties, the following ramadies may be availed of, upon thirty (30) days written notice by one party to the other, nothing in any Supplementary Agreement to the contrary, notwithstanding: (a) The Originating City may revert to metered flow as in Section C-1 provided. . (b) The Transporting City may revert to metered flow but in such event it shall provide its own meters and be responsible for the maintenance and reading thereof. C-7. In addition to the flow rates, Transporting City shall charge, and Originating City shall pay, for all sewage pumped by Transporting City at a Pump Rate hereinafter provided for. C-8. From the first day of the month following the effective date of this agreement, until changed by mutual -8- consent of the parties, the rates and quantities above referred to shall be as follows: (a) Family Unit Volume: Each Family Unit shall be assumed to diech^rge into the sewer system 7,500 gallons of sewage per month. (b) Family Unit flat rate: Fifty Cents (Y .50) per family unit per month. (c) Flow Rate: • Three Dollars and Fifty-nine Cents (3.59) per million gallons transported per mile. (d) Pump Rate: Six Dollars and Sixty-three cents (4:6.63) per million gallons pumped through each lift station. C-9. The above rates may be changed from time to time by Supplementary Agreement but it is expressly understood that any such rate shall be equally applicable to both parties hereto and that one City shall, under no circumstances, nay a higher rate for transportation of sewage than the other. C-10. It is intended that sewage paid for at the Family Unit - flat rate (Section C -$ (b) above) shall be free of any other charges both as to transportation and treatment, other sections of this Agreement notwithstanding. However, if due to the interposition of metering stations between source and outlet or to other causes, such sewage is subjected to other charges or is treated by the Originating City, the matter is recognized as being relatively inconsequential and no compensat- ing calculations or offsets shall be made except to the extent that they have been provided for by Supplementary Agreement. D. TREAT?I T PLAUTS D-1. In the construction of new sewage treatment plants or expansion of existing plants, each City shall endeavor to -9- provide capacity therein for all sewage of both cities, which from the standpoint of sound engineering practice, is most feasible to treat in such plant or plants. D-2. Treating city shall have the right to.determine in which of its plants, Originating City+s sewage shall be treated. D-3. Treating City, acting by and through its City manager shall have the absolute right t'o determine the Plant Rate for treatment of sewage in each of its plants. The Plant Rate may include, but shall not be limited to, direct and indirect coats of treatment and disposal, and allowance for depreciation of plant. All by-products of the sewage treating process shall belong to Treating City, but the value thereof shall be considered by Treating City in fixing Plant Rates. Upon demand Treating. City shall provide a detailed breakdown showing all elements of cost entering into the determination of the rate structure. It is intended that the met favorable treatment rates shall be accorded each of the parties hereto. To that end, upon demand, Treating City shall furnish information as to any lower rates being charged and if a lower rate for the particular plant involved for.comparable treatment of comparable kinds and quantities of sewage is being granted any other uses, such lower rate, so long as it continues in effect, shall be substituted for the Plant Rate then in effect hereunder commencing within the billing period following that in which a demand for such substitution is received from Originating City. If, however, Treating City establishes that such substituted rate is below cost and it is unlawful or a breach of contract to dispense with it, a revised rate may be charged to Originating City, upon proof by Treating City that such revised rate is no higher than necessitated by the direct and indirect costs of treatment and disposal and a fair allowance for depreciation of plant. -10- D-4. Changes in Plant Rates may be made only once e'ch year effective on the first day of July of such year, and then only if the new rates to be charged have been served upon Originating City on or before the first day of April of such year. Any such change shall be effective only to the extent that the new rates do not exdeed 125 of the rate previously charged for that plant. These limitations on rate changes shall not apply, however, to changes made by Supplementary Agreement, or provided at least ninety (90) days notice is given, to changes deemed necesaary because of major reconstruction of a plant or a major change in its treating processes. - D-5. Treating City shall have the right to prescribe regulations regarding the pre-treatment of non -domestic sewage of Originating City, or may entirely prohibit the depositing of such sewage in lines which lead to Treating City's plants. Originating City shall cooperate in the enforcement of such regulations or prohibitions. If non -domestic sewage of Originating City reaches the plants of Treating City in violation of such regulations or prohibitions, Treating City may at its option: (a) Refuse to accept, transport, treat or dispose of all or any of Originating City's sewage without the necessity of notice to Originating City and without incurring any liability to Originating City. If Treating City does give notice of such refusal to Originating City, specifying the time when such refusal is to be effective and how it is to be executed, Originating City shall save Treating City harmless from all liability or claims therefor, of whatsoever kind or nature arising out of such refusal, if such liability could have been avoided by Originating City's re-routing of sewage or recourse to other measures within the tiria allowed by Treating City's notice. -11- (b) Upon 48 hours notice to Origi.noting City, impose a non -domestic sewage surcharge rate upon all of Originating City's sewage entering Treating City's plant on the same line or lines as that carrying the non -conforming or prohibited sewage. Such surcharge shall continue in effect so long as Originating City's non -conforming or prohibited sewage continues to reach Treating City's plant. The amount of the surcharge shall be fixed in the sole discretion of Treating City, but shall not exceed 100 of the then prevailing Plant Rate of the affected plant. The sur-charge rate shall be paid by Originating City in addition to the Plant Rate. D-6. From the first day of the month following the effective date of this agreement, until changed in consonance with Section D-4 above, the Plant Rate for the existing Treating 7 t� San Diem i fa f n ?Inn in vcr.1'a :�..csc... �i�i'C-.sax&a�.i�Y` 1-���` convenience �'+°iL4i?=rt°$d to Lam "San Diego Plant to. 1", shall be: (a) San Diego Plant No. 1 rate: 09.18 per million gallons treated. E. PAMENT E-?. Each City shall, on or before. the 20th of each month, render to the other an invoice showing the amounts of sewage transported, pumped or treated for the other during the preceding month, the applicable rates and the products in dollars of the said amounts multiplied by the said rates. The invoice shall also show any other special charges provided for in this agreement, but shall not include any costs of construction of sewer lines and appurtenances unless the inclusion thereof in such invoice has been specifically pro- vided for in a Supplementary Agreement. -12- E-2. Of the two invoices above described, the lesser amount in dollars shall be deducted from the greater, and the difference shall be paid on or before the 15th of the month, following that in which the invoices were rendered, to the City in whose favor the balance exists. Rrom and after the 15th of, such Month, interest at the rate of 1; per month shall be paid on any sums due and unpaid. F. I•.AINTENANCE AND ACCOUNTING F-1. In lieu of each City maintaining meters, making and koepirag the meter readings and performing the accounting pro- cedures heretofore in this agreement reeuired, the parties may, by Supplementary Agreement provide that one of them, hereinafter called the "Agent City" shall perform such functions for the other, hereinafter called the "Principal City". In such event, all records and accounts of the Agent City pertaining to such agency shall be available at all times to the Principal City. Either City may, upon ten (10) days notice to the other, terminate the agency herein provided for and each shall then resume the obligations imposed upon it under this agreement. F-2. Maintenance as above referred to shall include the obligation of keeping the equipment covered by such Supnlementrry Agreement in proper oper.ting condition, including repair and replacement of units or parts thereof; however, such parts or entire units shall be invoiced to Principal City at coat. -13 - I IN i:ZTI;CaS_1.1IEREOF, The City of San Diego, in accordrnce with Resolution NO of its City Council, has caused this Agreement to be executed by its City i:anager; and the ' City of National City, in accordance with Resolution No. & of its City Council, has caused this Agreement to be executed by its Mayor and attested by its City Clerk. By THE CITY OF SAN DI! GO, Dated this day of 1952. ATTEST; By City five- rx City Manager CITY OF NATICrAL CITY, Dated this 1952 • OP I:ayor I HEREBY APPROVE the form and legality of the foregoing Agreement, this day of , 1952. J. F. DuPaul, City Attorney, The City of San Diego, By Deputy City Attorney. I HEREBY APPROVE the form and legality of the foregoing Agreement, this �_ __ day of , 1952. -lL- Edwin I . Campbell, City Attorney, City of National City.