HomeMy WebLinkAboutCC RESO 5481i7Q:.?=.3
RESOLUTION NO. 5481
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY, CALIFORNIA, APPROVING
AGREET ENTS BETWEEN THE CITY OF NATIONAL CITY,
CALIFORNIA, AND HE CITY OF SAN DIEGO, CALIFORNIA,
MODIFYING AGREEMENTS BETWEEN SAID CITIES PROVIDING
FOR TEE TRANSPORTATION, TREATMENT AND DISPOSAL OF
S WA. GE .
The City Council of the CITY OF NATIONAL CITY,
California, does hereby resolve as foll9ws:
Section 1. That Resolution No. 5459 of the City
of National City, California, is hereby repealed.
Section 2. That those certain agreements between
the CITY OF SAN DIEGO, a municipal corporation in the County
of San Diego, State of California, and the CITY OF NATIONAL
CITY, a municipal corporation in the said County and State,
copies of which agreements are attached hereto and by this
reference made a part hereof, are hereby approved.
Section 3. That MAURICE CARRIGAN, Mayor of the
City of rational City, California, be, and he is hereby,
authorized and directed to execute the same for and upon
behalf of the said City of National City, California.
Section 4. That all acts concerning the attached
agreements are hereby ratified.
PASSED AND ADOPTED by the City Council of the City of National City, California, this 26th
day of je , 19 51 , by the following vote, to -wit:
AYES: Councilmen
Olarke, Curry, hart, Ingails, Carrigan
NAYS:
Councilmen None
ABSENT: None
ATTEST:
I hereby approve the foregoing
Resolution
•
May r of the City ofv ational Ci California.
this 26ttn day of ,Tulle , 19._51.
May of the City of N tional City, lifornia.
I hereby certify that the above and foregoing is a full and true copy of
of the { Resolutions
Ordinances
{
Resolution
Ordinance
No
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 day of , 19
City Clerk of the City of National City, California.
Deputy
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AGREEMENT BETWEEN THE CITY OF NATIONAL CITY,
7
Q 3 3 CALIFORNIA, AND THE CITY OF SAN DIEGO, CALIFOR—
-�.)/, � �3, _j- /NIA, MODIFYING AN AGREEMENT BETWEEN SAID CITIES -'°�� -
'-4 PROVIDING FOR THE TRANSPORTATION, TREATMENT AND 3 S
- /& .&2 ,A -A... DISPOSAL OF SEWAGE.
THIS AGREEMENT, made and entered into this is day of
, 1951, between THE CITY OF SAN DIEGO, a municipal
corporation in the County of San Diego, State of California,
hereinafter designated as "San Diego," and THE CITY OF NATIONAL
CITY, a municipal corporation in the County of San Diego, State
of California, hereinafter designated as "National City,"
WITNESSETH:
WHEREAS, pursuant to the terms and provisions of Resolu—
tion No. 75915 adopted by the Council of the City of San Diego
December 30, 1941, The City of San Diego entered into an agree—
ment with the City of National City wherein San Diego agreed to
transport, treat and dispose of sewage for and on behalf of
National City; and
WHEREAS, said contract provided that the basic rates to be
paid by National City to San Diego for such contractual services,
save and except the additional or surcharge of $2.90 per million
gallons, could be revised at certain intervals of time based
upon the cost of maintenance and service experienced by San
Diego and the operation of the sewage treatment plant belonging
to said City; and
WHEREAS, the City has recently completed a new sewage
treatment plant, and has from experience and actual service
discovered that the basic rates set forth in said contract, dated
January 14, 1942, hereinabove described, no longer are equitable
or fair or just to San Diego, in that the cost of transporting and
treating said sewage has from actual experience been determined
to be greatly in excess of those basic rates fixed in said
original contract; and
WHEREAS, the parties to said contract in order that said
contractual service to be performed by San Diego shall be paid
for upon an equitable and fair basis are desirous of modifying
said contract so as to provide for additional basic rates;
NOW, THEREFORE, it is mutually understood and agreed by
and between the two cities as follows:
That Paragraph IX of said contract of January 14, 1942, be,
and the same is hereby modified and changed so as to read as
follows:
"IX.
PAYMENTS FOR SERVICE.
Payments to San Diego for the transportation, treatment and
disposal of the sewage of National City shall be based upon the
readings of the master meter or meters located in San Diego at
or near the point or points where the National City lines connect
with San Diego lines.
Meters shall be read monthly before the fifth day thereof,
and bills shall be rendered by San Diego not later than the
tenth day of each month for service rendered during the previous
month, and shall be paid to said San Diego on or before the
thirtieth day of the month rendered. Commencing July 1, 1951,
payments for the services rendered by San Diego shall be $39.18
per million gallons for sewage treatment; the overall pumping
rate, including maintenance and depreciation shall be $6.63 per
million gallons at each lift station; transportation charges
through San Diego's sewer mains based upon the maintenance and
depreciation rate of the facilities of San Diego shall be $3.59
per million gallons per mile.
These basic rates may be adjusted and revised whenever in
the opinion of the City Manager of San Diego the cost of operation
and maintenance as determined by The City of San Diego may require
such revision and adjustment, in order that they may equal the
costs of maintenance and operation of San Diego's sewage treatment
plant.
In the event that in the future more complete treatment
for odor control, or other reasons, is required by any agency
of the City of San Diego, County of San Diego, State of Calif—
ornia, or Federal Government, the parties to this agreement
shall share the proportional expense of such additional treat—
ment and the basic rates for service herein set forth shall be
increased in proportion to the increased cost of such treatment."
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed, San Diego by its City Manager there —
unto first duly authorized by resolution of the Council of The
City of San Diego, and National City by its Mayor, attested
by the City Clerk of said City, the day and year first herein —
above written.
ATTEST:
City Clerk of said City
By
By
THE CITY OF SAN DIEGO
City Manager
CITY OF NATIONAL CITY
ayor of said City
I hereby approve the form and legality of the foregoing
Agreement this day of , 1951.
J. F. DuPAUL, City Attorney
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CONTRACT BETWEEN THE CITY OF NATIONAL CITY,
CALIFORNIA, AND THE CITY OF SAN DIEGO, CAL
IFORNIA, PROVIDING FOR TRANSPORTATION, TREAT—
MENT AND DISPOSAL OF SEWAGE.
THIS AGREEMENT, made and entered into this/, day of
‘„ 1951, by and between THE CITY OF SAN DIEGO, a muni—
cipal corporation in the County of San Diego, State of
California, hereinafter designated as "San Diego," and the
CITY OF NATIONAL CITY, a municipal corporation in the County
of San Diego, State of California, hereinafter designated as
"National City," WITNESSETH:
WHEREAS, San Diego is the owner of and in the possession
of and operating a sewage disposal plant in said City for the
purpose of treating therein the raw sewage of San Diego; and
WHEREAS, National City is so located as to be contiguous
to said San Diego, and has within its boundaries lines of
sewers designed for and actually being operated to carry away
and transport raw sewage of said National City; and
WHEREAS, in the common interest of protecting the health
of the communities of both cities, said cities are desirous of
having San Diego treat and dispose of the raw sewage collected
and transported in the sewer lines of said National City in
the sewage treatment plant belonging to and operated by San
Diego; and
WHEREAS, the sewer lines of said National City are
physically connected with the sewer lines of San Diego, so
that the said sewage of National City can be transported into
the sewage treatment plant of San Diego through the sewer mains
of San Diego;
NOW, THEREFORE, in consideration of the premises the
parties hereto have agreed and by these presents do agree that
San Diego and National City shall join and cooperate in the
f•
transportation and treatment and disposal of raw sewage of
National City, as above outlined, in accordance with and subject
to the following texms and conditions and pursuant to the Plat,
numbered Document No. 393246, on file in the office of the City
Clerk of said City:
(1) The area to be served by. San Diego and from which
sewage shall be collected by National City, transported to and
delivered into the sewer lines of San Diego shall be that area
of said National City outlined and. designated on said plat con—
tained in said Document No. 393246.
(2) The collection and delivery of said raw sewage into the
sewer lines of San Diego by National City shall be done without
any exper=e ,f any kind or character to San Diego, and all expense
in connection with the collecting, transporting and delivering of
said raw sewage shall be borne by National City.
(3) In consideration of the treatment of said raw sewage
by said San Diego and the transportation of the same into the
sewage disposal plant, National City agrees to pay to San Diego
for said services fifty cents (50$) per family unit per month,
and will indicate on the plat contained in said Document No.
393246 the number of family units connected within the boundaries
of the area served and to be served. Each and every month
following the date of the execution of this contract National
City will notify San Diego of any additions within said area to
be served made during the preceding month. Charges for said new
units shall start on the first day of the month following the
connection of said service with the National City sewer lines.
This consideration herein set forth shall include all charges
for operation and depreciation of the sewage treatment plant as
may be determined by the City Manager of San Diego, provided,
however, and it is expressly understood and agreed herein that
this treatment rate herein set forth is subject to review and
change yearly, and may be adjusted either upward or downward as
circumstances shall demand, and as mutually agreed upon by and
between the parties hereto. In this connection National City
agrees to pay to said San Diego the sum of money due each month
for said services to be performed by said San Diego not later
than the 20th day after receipt of a notice from said San Diego
of the amount of money due from National City to San Diego for
the services of the preceding month.
(4) It is expressly understood and agreed .by the parties
hereto that San Diego shall have -the right, and such right is
herein expressly reserved to San Diego, to refuse to treat any
sewage which is deemed to be injurious to the operation and maint-
enance of the treatment plant owned and operated by San Diego.
(5) It is also understood that this contract may be can-
celled by either party upon one year's written notice.
IN WITNESS.' WHEREOF, the parties hereto have caused this
contract to be executed, San Diego by its City Manager thereunto
first duly authorized by resolution of the Council of The City
of San Diego, and National City by its Mayor, attested by the
City Clerk of said City, the day and year first hereinabove
written.
(TT ST:
City Clerk of said City
THE CITY OF SAN DIEGO
By
City Manager
By
CITY OF NATIONAL CITY
Ma'or of said/City
I hereby approve the form and legality of the foregoing
contract this 15th day of May, 1951.
J. F. DuPaul, City Attorney
By
Assistant City Attorney
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