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HomeMy WebLinkAbout1965 CON Spring Valley Sanitation District.,fit„.f OF cY.t NW. 2988-2 125= fit` AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SPRING VALLEY SANITATION DISTRICT OF THE COUNTY OF SAN DIEGO FOR THE USE OF DISTRICT'S OUTFALL SEWER (Re:erans abc' 3 rruratler in eac torrniktca:_443r t •.dJdX this PAY' THIS AGREEMENT, made and entered into this %qj day of i , 19 C _, by and between the CITY OF NATIONAL CITY, a municipal corporation, sometimes hereinafter called "National City", and the SPRING VALLEY SANITATION DISTRICT, a county sanitation district, sometimes hereinafter called the "District", W 1TN E S S E T H: STATEMENT OF PURPOSE A. The District maintains and operates a sewer system consist- ing of trunk and collection line sewers to serve the territory within the District and certain adjacent areas, and an outfall sewer, here- inafter referred to as the "Outfall Sewer", extending from near the intersection. Jamacha Boulevard and Sweetwater Road to a connection with the San Diego Metropolitan Sewerage System, hereinafter referred to as the "Metropolitan System", near the intersection of U. S. Highway 101 and the Sweetwater River, which said Outfall Sewer has been constructed with the proceeds of the sale of revenue bonds of the District issued pursuant to Chapter 5, Part 3, Division 5 (Sec- tions 4950 et seq.) of the Health and Safety Code of the State of California. Said system of trunk and collection line sewers and the outfall sewer of the District is hereinafter referred to as the "Spring Valley Sewer System". B. The District has enacted Ordinance No. 6 providing for sewer service charges for the discharge of sewage through the Outfall Sewer. C. Section 51 of said Ordinance No. 6 and Covenant No. 8 of Spring Valley Sewer System to any public or private corporation or person at rates lower than those charged other persons for similar service, D. The District finds that it, may accept and transport sewage from the National City Sewer Service Area delineated on the map hereto attached and marked Exhibit D and by this reference made a part of this agreement (hereinafter called "National City Sewer Ser- vice Area") without impairing the usefulness of the Spring Valley Sewer System, E. National City and the District deem it mutually desirable and advantageous for Spring. Valley to accept and transport sewage from the National City Service Area subject to the terms, conditions and restrictions hereinafter set forth. F. Said Spring Valley Sewer System was designed and is being constructed to serve the entire Service Area delineated on the map hereto attached and marked C and by this reference made a part of this agreement (hereinafter called the "Ultimate Service Area") ir- respective of whether said Ultimate Service Area or portions thereof are annexed to the Spring Valley Sanitation District, or become a part of the National City or some other municipal corporation or public district authorized to provide sewer service. Although under the aforementioned ordinances of the Spring Valley Sanitation Dist- rict and provisions of the Health and Safety Code, the District is restricted in entering into this agreement to accept and transport sewage from the National City Sewer Service Area to a period of fifteen years, it is contemplated that at the end of such fifteen - year period there will continue to be capacity available in the Spring Valley Sewer System to serve the aforementioned Ultimate Ser- vice Area within National City. office of the Clerk of the Board of Supervisors of San Diego, the District has capacity service proportions allowing discharge up to six million gallons of sewage daily into the Metropolitan System, H. Pursuant to a similar agreement between the City of San Diego and the City of National City entitled "Sewer Disposal Agree- ment of 1960", which has been amended (said agreement as amended being sometimes hereinafter referred to as "City of San Diego - National City Sewage Disposal Agreement of 1960"), a copy of which is on file in the office of the City Clerk of the City of San Diego, the City of National City has capacity service proportions allowing discharge up to 8.1 million gallons of sewage daily into the Met- ropolitan System. I. The parties hereto are agreed that all sewage originating in National City which is ultimately discharged into the Metropo- litan System through Spring Valley Sewer System shall be charged against National City's capacity service proportions in said Met- ropolitan System pursuant to said City of San Diego - National City Sewage Disposal Agreement of 1960 and shall not be charged against District's capacity service proportions in said Metropolitan Sys- tem. J. This agreement, therefore, shall establish the rights, pri- vileges and duties of the parties concerning the use of the Spring Valley Sewer System by National City; specify the area within the City of National City to be. served by the District's Spring Valley Sewer System under the terms of this agreement; specify the right of the District to construct, operate, maintain and replace sewer lines through National City to portions of the Ultimate Service Area outside of National City where gravity flow sewer lines can be con- structed to transport sewage through the City of National City to the Spring Valley Sewer System; specify the rights of National City to use the sewer lines of the District; specify the rights of the district to use the sewer lines of National City; specify the man- ner and cost -sharing principles of constructing new joint use sewer lines for National City and the District; set standards governing -3- waste discharge and sewage flow; establish rent, fees and charges and the methods for determining them; and establish the formula used in ascertaining the amount of sewage discharged into the Spring Valley Sewer System which is to be charged against National City's capacity service proportions in and to the Metropolitan System. K. It is contemplated that the District or the County of San Diego will initiate proceedings pursuant to the Improvement Act of 1911 or the Municipal Improvement Act of 1913 to finance the con- struction of a portion of the Spring Valley Sewer System and a por- tion of the National City Sewer System, and to reconstruct certain portions of National City Line No. 1 as delineated on the map or plat attached hereto designated as Exhibit A, and that the assessments pursuant to said proceedings will be assessed to'the territory within the assessment district's boundaries designated on a map hereto attached and marked Exhibit B and by this reference made a part of this agreement. NOW THEREFORE, the parties hereto agree as follows: Section 1. This agreement shall take effect immediately upon execution by the parties hereto.' Section 2. This agreement shall terminate upon the expiration of fifteen (15) years from the date of execution. Section 3. CONNECTIONS. National City, at its sole expense, shall construct, install, maintain, repair, replace and/or recon- struct all connections and appurtenances to the Spring Valley Sewer System installed or constructed by National City under the terms of this agreement. Section 4. ENGINEER'S APPROVAL. The location, installation, construction, repair (except emergency repairs), replacement and/or reconstruction of each and every sewer connection and appurtenance thereto shall be according to plans and specifications first -4- approved by the District's Engineer.. Section 5. MAP. A. Prior to the construction or installation of any sewer con- nection, National City shall furnish the District a map showing the area to be served by said connection. The area shown on said map shall be the only area served by such connection under the terms of this agreement (and this designated area will hereinafter be re- ferred to as the "National City Sewer Service Area"), and in no event shall National City allow any areasnot shown on such map to be served by such connection. Subject to the limitations hereinafter set forth, and parti- cularly the limitations set forth in Section 9, the area shown on any such map and to be served by a connection may be enlarged at any time by the filing of a new map showing additional area to be served and payment of the capacity charge as specified in Section 13. B. National City hereby furnishes the District a map hereto attached and marked Exhibit D, depicting Area NC P-3, said area being 172 acres , and Area NC P-5, said area being .88 acres , and Area NC-1, said area being 108 acres , which areas are to comprise the initial unit of the National City Sewer Service Area pursuant to the terms of this agreement. Section 6. AREA TO BE SERVED. Only those areas of National City which fulfill all the following conditions may be served by the Spring Valley Sewer System under the terms of this agreement. Said areas must be: (1) within the City of National City (whether within the City of National City on the effective date of this agreement or hereafter annexed to said City), (2) within the National City Sewer Service Area (shown on Exhibit D attached -hereto), within the Ultimate Service Area (shown on Exhibit C attached hereto), and capable of service by a gravity flow system (i.e., a system in which there are no pumps or force sewer lines). National City and District agree that for purposes of this agreement the boundaries, extent and limit of said Ultimate Serv- ice Area shall be as delineated on the plat attached hereto and marked Exhibit C. Except for property within the District and served pursuant to Section 7 of this agreement, National City shall in no event permit property other than that described in this Section 6, and for which the fee prescribed by Section 13 has been paid, to connect to or otherwise to be served by the Spring Valley Sewer System through sewer lines or connections owned or operated by National City. Section 7. SEWER SERVICE FROM NATIONAL CITY'S SEWER SYSTEM TO THE ULTIMATE SERVICE AREA. A. The District is hereby authorized for purposes of pro- viding sewer service to territory within the District (whether within the District on the effective date of this agreement or hereafter annexed to said District) to connect properties within the District and outside of National City Sewer Service Area to National City's sewer lines (whether such National City sewer lines are within or without the boundaries of National City) pro- vided that said District properties are tributary to the said National City sewer lines and provided that said properties are within the Ultimate Service Area and provided further that there is capacity in National City sewer lines to furnish such sewer service. B. The District is further authorized to make excavations and perform work in the streets within National City for the purpose of constructing, installing, maintaining and replacing sewer lines and making necessary connections. When making any excavation within a city street of National City pursuant to this agreement the District shall take all reasonable precautions to protect the public and shall place adequate signs, barriers, or other safety devices as may be necessary and shall replace any pavement removed with pavement equal to the original pavement so removed or damaged. Prior to any excavation within National City the District will notify and obtain a permit from National City for such excavation. C. All connections or work done within the City of National City and all connections to the National City sewer lines shall be made according to plans and specifications first approved by National Cityts Engineer. D. The District, at its sole expense, shall construct, install, maintain, repair and replace and/or reconstruct all connections and appurtenances to National Cityts sewer lines installed or constructed by the District under the terms of this agreement. Section 8. DISTRICT'S WORKS WITHIN NATIONAL CITY FOR SERVICE TO THE SERVICE AREA. A. The District is hereby authorized and given consent pur- suant to Section 4741 of the Health and Safety Code of the State of California to acquire, construct or complete within National City outfalls, intercepting, collecting or lateral sewers, pipes, machinery, easements, rights of way and other works, property or structures, necessary or convenient for sewerage collection, treatment, disposal or transfer for the general purpose of servicing areas within the Ultimate Service Area but outside of National City; provided that said areas so serviced are a part of or are hereafter annexed to the District or are part of some municipal corporation or public district authorized to provide sewer service. B. The District shall at its sole expense obtain, construct, install, maintain, repair and replace or reconstruct all such lines, works, properties as heretofore mentioned in Part A of this section. C. Ownership of all such rights and properties shall vest in the District. D. All connections or work done within the City of National City, and all connections to the National City sewer lines shall be made according to plans and specifications first approved by National City's Engineer. -7A - Section 9. LIMITATIONS ON TYPE AND CONDITION OF SEWAGE. A. All sewage discharged into the Spring Valley Sewer System shall meet the standards established by the City of San Diego pur- suant to Section 6 of the aforementioned City of San Diego -Spring Valley Sanitation District Sewage Disposal Agreement of 1960. National City shall not discharge into Spring Valley Sewer System any sewage or wastes which do not meet the standards established by, and/ or for the District under appropriate ordinances, resolutions, rules or regulations. National City shall regulate and prohibit the dis- charge into any sewer line connected to and served by Spring Valley Sewer System of sewage and wastes which do not meet the quality and standards so established by the District. National City shall also comply with the applicable statutes, rules and regulations of agen- cies of the United States of America, the State of California and the City of San Diego having jurisdiction over the collection, transmis- sion, treatment and disposal of sewage and wastes. B. National City shall not allow excessive infiltration or any surface or storm waters to be discharged into any sewer system or facilities served by Spring Valley Sewer System. National City shall 'not allow cooling waters or other unpolluted industrial waste to be discharged into such sewer system or facilities without the written consent of District thereto. C. All sewage discharged into the National City Sewer System shall meet the standards established by the City of San Diego pur- suant to Section 6 of the aforementioned City of San Diego -Spring Valley Sanitation District Sewage Disposal Agreement of 1960. The District shall not discharge into National City Sewer System any sewage or wastes which do not meet the standards established by, and/ or for National City under appropriate ordinances, resolutions, rules or regulations. The District shall regulate and prohibit the dis- charge into any sewer line connected to and served by National City Sewer System of sewage and wastes which do not meet the quality and standards so established by National City. The District shall also comply with the applicable statutes, rules and regulations of agencies of the United States of America, the State of California, and the City of San Diego having jurisdiction over the collection, trans- mission, treatment and disposal of sewage and wastes. D. The District shall not allow excessive infiltration or any surface or storm waters to be discharged into any sewer system or facilities served by National City Sewer System. The District shall not allow cooling waters or other unpolluted industrial waste to be discharged into such sewer system or facilities without the written consent of National City thereto. Section 10. METERING. A. National City may,at its own discretion,install meters to measure all or any portion of the sewage discharged into the Spring Valley Sewer System from National City's connections to said sewer. Any such meters shall be installed by National City at its sole ex- pense, and shall be of a type and installed at such locations and in such manner as is approved by District's Engineer. Such meters as are installed shall be operated and maintained by District in good working condition for the duration of this agreement, and District shall render reports of the metered flow to National City quarterly. B. The District may at its own discretion install meters to measure all or any portion of the sewage discharged into the National City Sewer System from the District's connections to said sewer. Any such meters shall be installed by the District at its sole expense and shall be of a type and installed at such locations and in such manner as is approved by National City's Engineer, Such meters as are installed shall be operated and maintained by National City in good working condition for the duration of this agreement and National City shall render reports of the metered flow to the Dist- rict quarterly. Section 11. PEAK FLOW. For the purposes of this agreement, "peak flow" shall mean the maximum instantaneous discharge of sewage expressed as a rate of flow in cubic feet per second (cfs). During the term of this agreement National City shall have the right to discharge sewage, from and originating in the National City Sewer Service Area into the District's Spring Valley Sewer System not to exceed 0>7 cubic feet per second and the District shall have the ob- ligation to receive such peak flow from National City's Sewer Ser- vice Area, Temporary increases in the permitted peak flow resulting from rainfall shall not be considered violations of this agreement; provided, however, that the District is not obligated to receive from National City Sewer Service Area nor is National City privileged to discharge into the Spring Valley Sewer System any amounts in excess of the total permitted peak flows under this agreement which would endanger the public health or safety. If National City exceeds the permitted peak flows on more than a temporary basis and such excess is caused by a defect in the sewer system of National City capable of being corrected or the excess is caused by the discharge into the sewer system of National City by a sewer user of a large quantity of sewage in a short period of time, then National City shall cause such defect to be corrected to pre- vent the excess or shall cause the sewer user to construct and oper- ate appropriate facilities to spread the discharge of sewage into its sewer system so as to reduce the peak flow to the permitted quantity. If the excess over the permitted peak flow results from an increase in the quantity of sewage not contemplated by the District and National City and does not arise from any causes hereinabove mention- ed, National City shall forthwith make such adjustments in its sewerage system as are necessary to reduce the peak flow to the permitted quantity. If the excessive peak flow of sewage from and originating in the National City Sewer Service Area's connections to the Spring Valley Sewer System cause the District to exceed its permitted peak flow into the Metropolitan System as determined by Section 21 of the aforesaid City of San Diego -Spring Valley Sanitation District Sewage Disposal Agreement of 1960, and because of such excess the District is required to pay additional sums of money to San Diego for such excess capacity use as specified in said Section 21 of said agree- ment, National City shall reimburse the District for that portion -10- of such amounts which are allocable to National City's excess peak flow. Section 12. INFILTRATION. It is understood and agreed that there will be inflow of water into Spring Valley Sewer System because of leakage between the point or points at which the sewage from the public agencies using said sewer is delivered to Spring Valley Sewer System and the connection of the outfall to the Metropolitan System. The District shall estimate the total waters that infiltrate the Spring Valley Sewer System (sometimes referred to herein as "infiltration") and aportion the same among all of such users in the proportion that the amount of sewage discharged into the Spring Valley Sewer System by each such user bears to the total amount of sewage discharged into the Spring Valley Sewer System by all of such users of said sewer. The amount of infiltration apportioned to each such user shall be deemed a part of the sewage of such user for all purposes. Section 13. A CAPACITY CHARGE FOR THE SPRING VALLEY OUTFALL SEWER. A. National City shall pay to the District a capacity charge for the use of the Spring Valley Outfall Sewer delineated on said Exhibit "A" in an amount totaling $130.00 per gross acre for each acre of land (including streets, easements and all public and private lands) within the area of the National City Sewer Service Area delineated on said Exhibit "D". In the event of a fraction of an acre said capacity charge shall be -prorated accordingly. It is contemplated that if this agreement is renewed for additional fifteen year periods, this capacity charge for the use of said Spring Valley Outfall Sewer will not be charged for any land for which such capacity fee was previously charged and paid. Said payment totaling $130.00 per gross acre shall become due and shall be paid upon execution of this agreement; provided, how- ever, National City may elect to pay said sum in annual installments -11- of $8.67 per gross acre, said first annual installment to be paid at the time this agreement is executed and each annual installment there- after to be paid on February 1 of each year; provided, however, that the entire unpaid balance of $130.00 per gross acre shall become due and payable on the termination date of this agreement. B. In the event the National City Sewer Service Area is enlarged by the filing of a new map pursuant to Section 5 of this agreement, National City shall pay at the time of filing such map an amount totaling $130.00 for each gross acre of additional land added to said National City Sewer Service Area; provided, however, National City may elect to pay said sum totaling $130.00 per gross acre in installments as set forth in Subsection A, above. Section 14. SERVICE CHARGE. A. National City shall pay to the District a service charge of $0.40 per month for each family unit within the National City Sewer Service Area that is served by a sewer system connected to the Spring -12- Valley Sewer System, which service charge shall be computed as follows: (1) The term "family unit" as used in this agreement shall mean a single family dwelling unit or each single family dwelling unit in a duplex, multiple dwelling or apartment house, provided, however, where a hotel, motel, trailer court, commercial establish- ment or other type of enterprise or operation which normally generates a larger volume of sewage than a single family dwelling is being served by the Spring Valley Sewer System, the District's Engineer shall assign to each such hotel, motel, trailer court, com- mercial establishment or other type of enterprise or operation an equivalent number of family units in pro- portion to the estimated amount of sewage generated thereby compared to that normally generated by a single family dwelling and said number of family units so assigned shall be used in computing the amount of sewage discharged into the Spring Valley Sewer System. Said assignment shall be made for each such commercial establishment, enterprise or operation being served by the Spring Valley Sewer System on the date when sewage is first discharged from National City's sewers into the Spring Valley Sewer System under the terms of this agreement. Thereafter, upon the connection of any such commercial establishment, enterprise or operation to a sewer line being served by the Spring Valley Sewer System, or upon the change in use of any property with- in the National City Sewer Service Area which is served by the Spring Valley Sewer System, which change in use would affect the volume of sewage generated by such property, National City shall report to the District the date of such connection or change in use and District's Engineer shall thereupon assign an appropriate number of family units to such property. -13- (2) National City shall report to District quarterly the number of family units within the National City Sewer Service Area tieing served by the Spring Valley Sewer System. (3) The service charge for each month shall be based upon the number of family units being served at the com- mencement of the quarter within which such month falls. B. Notwithstanding the foregoing, at such time as and to the extent that meters are installed pursuant to Section 10 of this agree- ment, the provisions of subparagraph A shall be superseded by this subparagrap!- B as to such metered connections and National City shall pay to D.Lstrict, in lieu of the amounts determined by said subparagraph A, a service charge of • 50 dollars per M.G. of sewage received by the Spring Valley Sewer System for all sewage originating in and received from the National City Sewer Service Area through National City's metered connections to said Spring Valley Sewer System, which amounts shall include a proportionate share of the infiltration allocable to National City in accordance with Section 12 of this agreement. District shall report to National City quarterly the amount of sewage discharged into the Spring Valley Sewer System through such metered connections. C. Said service charges computed by District in accordance with either subparagraph A or B or both, shall be paid quarterly by National City to the District within thirty (30) days after the presentation of a bill for said charges. D. It is understood by the parties hereto that the service charge computed pursuant to either subparagraphs A or B, is to cover the District's prorated share of the maintenance and operation costs of the San Diego Metropolitan Sewerage System which the Dist- rict must pay to the City of San Diego under the terms of the afore- mentioned City of San Diego -Spring Valley Sanitation District Sewage Disposal Agreement of 1960, plus a share of the District's costs in -14- maintaining and operating the District's Spring Valley Sewer System. The service charge may therefore be increased or decreased from time to time by the District in direct proportion to any increase or de- crease in costs to the District in maintaining said Spring Valley Sewer System or to any increase or decrease in the payments by the District to the City of San Diego for the maintenance and operation of the San Diego Metropolitan Sewerage System. A copy of the Dist- rict's annual audit report of revenues and expenditures shall be furnished National City upon request, Section 15, CHARGE AGAINST CAPACITY SERVICE PROPORTIONS IN METROPOLITAN SYSTEM. A. All sewage originattigin the National City Sewer Service Area and discharged into District's Spring Valley Sewer System through National City's connections, under the terms of this agreement and thereafter discharged into the San Diego Metropolitan Sewerage System, and all infiltration allocable to National City as determined by Sec- tion 12 of this agreement, shall be charged against National City's capacity service proportions in and to the Metropolitan System as such have been determined by said City of San Diego -Spring Valley Sewage Disposal Agreement -of 1960, The average flow of such sewage to be so charged against National City's capacity service proportion shall be determined as follows: (1) The amount of infiltration allocable to National City for the fiscal year (as said fiscal ,year is specified in said City of San Diego -Spring Valley Sewage Dis- posal Agreement of 1960), as determined pursuant to Section 12 of this agreement, shall be divided by the number of days in said fiscal year and the re- sult shall be added to the average daily flow of sewage as determined by subparagraphs (2) and (3) of this Section 15. (2) That portion of the sewage discharged into Spring Valley Sewer System through National City's con- nections to said Spring Valley Sewer System during -15= (3) said fiscal year, measured by meters pursuant to Section 10 of this agreement, shall be divided by the number of days within said year. The result shall be added to the result of subparagraph (3) of this Section 15. That portion of said sewage not measured by meters shall be determined by the family unit system as speci- fied in Section 14 of this agreement. The average num- ber of family units served daily under the terms of this agreement shall be multiplied by 265 gallons. Said average shall be computed by averaging the number of family units being served by the Spring Valley Sewer System, as reported quarterly during said fiscal year by National City pursuant to Section 14 of this agreement. B. The amount of sewage to be charged against the District's capacity service proportions in and to the Metropolitan System under the aforementioned City of San Diego -Spring Valley Sanitation District Sewage Disposal Agreement of 1960, shall be computed by dividing the total number of gallons of sewage and infiltrated waters discharged into the Metropolitan System from the District's outfall sewer during said fiscal year by the number of days within said year and subtracting therefrom the amount of sewage allocable to National City as computed in accordance with subdivision A of this Section 15, the amount of sewage discharged into said outfall sewer by San Diego pursuant to Sections 6, 7 and 9 of that certain agreement between the District and San Diego entitled "Agreement Between Spring Valley Sanitation District and The City of San Diego re Spring Valley Sani- tation District 0utfall Sewer" and dated April 11, 1962, as said agree- ment has heretofore or as it hereafter may be amended, and the amount of sewage discharged into said Spring Valley Sewer System by other agencies pursuant to other such agreementr,iivided by the number of days within said fiscal year. -16- National City and the Spring Valley Sanitation District shall submit reports to the City of San Diego annually allocating the sewage which originates within their respective geographical area of jurisdiction for purposes of determining whether either party has exceeded the capacity service proportions previously allocated under their respective Sewage Disposal Agreements of 1960 with the City of San Diego. Section 16. TRANSFER OF TERRITORY. If, because of annexation, transfers, consolidation or other cause, any territory within the National City Sewer Service Area served by the Spring Valley Sewer -16A - System is transferred from National City to another jurisdiction, National City shall remain responsible and be charged for the sewage and infiltrated waters from such territory discharged into the Spring Valley Sewer System as provided in this agreement until the parties hereto execute an appropriate amendment to this agreement transferring such responsibility and the obligation to make payments pursuant to this agreement to such other jurisdiction. Section 17. REPAIR, RECONSTRUCTION AND REPLACEMENT. The Spring Valley Sewer System shall be maintained by District in good repair and good working order in accordance with sound engineering practices. It shall be the duty of the District to make repairs on said Spring Valley Sewer System and to make replacements (including reconstruction) re- quired to keep such Spring Valley Sewer System in good operating condi- tion. Except as provided in Sections 18 and 19 hereof, all repairs, reconstruction and replacements shall be part of the maintenance costs. Section 18, MAJOR RECONSTRUCTION, REPLACEMENT OR REPAIRS. Not- withstanding the provisions of Section 17 hereof, if, as a result of disaster, operation of Federal or State law or other causes beyond the District's control, it becomes necessary for the District to undertake -major reconstruction, replacement or repairs of any portion of said Spring Valley Sewer System which transports sewage originating in the National City Sewer Service Area, National City shall reimburse the District for a proportionate share of the costs of such reconstruction, replacement or repairs. The amount to be paid by National City to the District shall bear the same ratio to the total costs of such recon- struction, replacement or repairs as the amount of sewage originating in National City Sewer Service Area which discharges into Spring Valley Sewer System from National City's connections bears to the total amount of sewage discharged through the line being reconstructed, replaced or repaired, as determined by the time when said reconstruction, replace- ment or repairs becomes necessary. The amount of sewage discharged into Spring Valley Sewer System by National City at the time of such reconstruction, replacement or repair shall be deemed to be the amount of sewage allocable to National City computed in accordance with -17- Section 15 of this agreement. Section 19. NEW CONSTRUCTION TO THE SAN DIEGO METROPOLITAN SEWERAGE SYSTEM. In the event that the City of San Diego elects under Section 14 of said City of San Diego -Spring Valley Sanitation District Sewage Disposal Ag^eement of 1960 to construct additions or improve- ments to the San Diego Metropolitan Sewerage System and said addi- tions and improvements are used by the District in connection with the use or operation of the Spring Valley Sewer System, National City shall reimburse the District for a proportionate share of any costs of such additions or improvements which the District is re- quired to pay to San Diego under the terms of said City of San Diego -Spring Valley Sanitation District Sewage Disposal Agreement of 1960. The proportion of the costs to be paid by National City to the District shall bear the same ratio to the total costs to the sewage System District of such additions or improvements as the amount of originating in and discharged into Spring Valley Sewer from National City's connections to said sewer bears to the total amount of sewage discharged into said Spring Valley Sewer System on the date when the District first improvements, which amount shall be deemed sewage allocable to National City computed in accordance with Section 15 of this agreement. Section 20. INTERRUPTION OF SERVICE. A. In the event of an interruption of service to National City by the Spring Valley Sewer System, as a result of disaster, operation of State or Federal law, discontinuance of or interruption of service to the District of the San Diego Metropolitan Sewerage System, or any other cause beyond the control of the District, District shall bear no liability and shall be held free and harmless by National City from any -18- uses such additions to be the amount of or claims and liabilities for any injury to or damage to any person or per- sons or property or for the death of any person or persons arising from or out of such interruption of service or for any other damages or costs incurred by National City as a result of such interruption of service. B. In the event of an interruption of service to the District by the National City Sewer System, as a result of disaster, operation of State or Federal law, discontinuance of or interruption of service to the District of the San Diego Metropolitan Sewerage System, or any other cause beyond the control of National City, National City shall bear no liability and shall be held free and harmless by the District from any claims and liabilities for any injury to or damage to any person or per- sons or property or for the death of any person or persons arising from or out of such interruption of service or for any other damages or costs incurred by the District as a result of such interruption of service. Section 21. ARBITRATION. Except as otherwise provided herein, all controversies arising out of the interpretation or application of this agreement or the refusal of either party to perform the whole or any part thereof shall be settled by arbitration in accordance with the provisions of this section and where not provided by this section in accordance with the statutory provisions of the State of California then in force. The controversy shall be submitted to a board of three (3) arbitrators which shall be appointed, one by National City, one by the District and the third by the first two. The party desiring arbitration shall notify the other party by a written notice stating the following: (A) that it desires arbitration, (B) the controversy to be arbitrated, (C) that it has appointed its nominee, and (D) that it requests the other party to appoint its nominee. Within thirty (30) days from the receipt of said notice the other party shall appoint its nominee. With- in fifteen (15) days after the last party has appointed its nominee the two nominees shall appoint the third. None of the arbitrators shall be a resident of, or taxpayer in, or own property in, or have a place of business in, or be employed in or by, or have any contract with, or be an officer or employee of either party. The arbitration board shall hold at least one hearing and at least ten (10) days before said hearing -19- shall give each party written notice thereof. The arbitration shall be restricted to matters relative to that stated in the notice requesting arbitration. The arbitration board shall have no authority to add to or subtract from this agreement. Each party shall be given an opportu- nity to be heard and to present evidence. Upon conclusion of the hear- ing or hearings the arbitration board shall reduce their findings of fact, conclusions of law and award to writing, and shall sign the same and deliver one signed copy thereof to each public agency. Such award shall be final and binding upon both parties. A majority finding shall govern if the arbitrators' determination is not unanimous. Each party shall pay its own expenses, including the expenses of the arbitrator which it nominates. The expenses of the third arbitrator and the ad- ministrative costs of the arbitration proceedings shall be shared equally. Any controversy which can be determined by an Engineer's findings and which under this section could be submitted to arbitration may, if the parties thereto agree in writing to do so, be submitted to a named engineer who shall be the sole arbitrator. Such engineer shall be a registered civil engineer in the State of California and a member of the American Society of Civil Engineers and shall be disinterested as hereinbefore in this section required of ar- bitrators on an arbitration board. He shall proceed in the same manner and shall make findings, conclusions and an award in the manner pro- vided herein for an arbitration board. Section 22. NOTICE. Notices required or permitted under this agreement shall be sufficiently given if in writing and if either served personally upon or mailed by registered or certified mail to the clerk or secretary of the governing body of the affected party to this agree- ment. Section 23. LIABILITY. Except as specified in Section 20 of this agreement, nothing herein contained shall operate to relieve National -20- City of any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, re- pair, replacement and/or reconstruction of the aforesaid sewer connec- tions and appurtenances or from any action or inaction of National City or of its officers, agents or employees in connection therewith. Except as herein specified in Section 20 of this agreement, nothing herein contained shall operate to relieve District of any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement and/or re- construction of the aforesaid sewer connections and appurtenances or from any action or inaction of District or of its officers, agents or employees in connection therewith. Section 24. INDEMNITY - INSURANCE. Subject to the provisions of Section 20 of this agreement, to the extent it may legally do so, National City shall defend and save and hold free and harmless the District and its agents, officers and employees from any claims, liabi- lities, penalties or fines for injury to or damage to any person or property or for the death of any person arising from or out of any act or omission of National City, its agents, officers, employees or con- tractors, arising from or out of any defects in the installation, con- struction, operation, maintenance, repair, replacement and/or recon- struction of said sewer connections and/or appurtenances constructed or installed by National City. Pursuant thereto National City shall take out and maintain public liability insurance with an insurance carrier authorized to do business in the State- of California to protect against loss from liability imposed by law fordamages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of National City or any person acting for National City or under National City's control or direction, and also to protect against any loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of National City or any person acting for National City or National City's control or direction. Such public -21- liability and property damage insurance shall be maintained in full force and effect during the entire term of this agreement in the amounts of not less. than $500,000 for one person injured in one acci- dent and not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $250,000 with respect to any property damage aforesaid. Said insurance shall be in form satisfactory to the County Counsel of San Diego County. The insurance policies shall have a non -cancellation -without -ten (10) day -notice - to -District clause and shall provide that copies of all cancella- tion notices shall be sent to District. If National City does not keep such insurance in full force and effect, District may take out the necessary insurance and pay the premiums as they become due and such amounts so paid by the District shall become a part of the monthly service charge and be paid as such by National City on the next day upon which such charges become due. Subject to the provisions of Section 20, to the extent it may legally do so, District shall defend and save and hold free and harmless National City and its agents, officers and employees from any claims, liabilities, penalties or fines for injury to or damage to any person or property or for the death of any person arising ej from or out of any act or omission of District, its agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replace- ment and/or reconstruction of said sewer connections and/or appurt- enances constructed or installed by the District. Pursuant thereto District shall take out and maintain public liability insurance with an insurance carrier authorized to do business in the State of California to protect against loss from liability imposed by law for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or per- sons whatsoever resulting directly or indirectly from any act or activities of District or any person acting for District or under District's control or direction, and also to protect against any loss from liability imposed by law for damages to any property of -22- any person caused directly or indirectly by or from acts or acti- vities of District or any person acting for District or under District's control or direction. Such public liability and property damage insurance shall be maintained in full force and effect during the entire term of this agreement in the amounts of not less than $500,000 for one person injured in one accident and not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $250,000 with respect to any property damage aforesaid. Said insurance shall be in form satisfactory to the City Attorney of the City of National City. The insurance policies shall have a non -cancellation -without -ten (10) day -notice - to -National City clause and shall provide that copies of all cancella- tion notices shall be sent to National City. If District does not keep such insurance in full force and effect, National City may take out the necessary insurance and pay the premiums as they become due, and such amounts so paid by National City shall be deducted by National City from the monthly sewer service charges to be paid by National City to the District pursuant to Section 14+ of this agreement, on the date upon which such charges next become due. Section 25. PROCEEDINGS PURSUANT TO THE IMPROVEMENT ACT OF 1911 OR THE STREET IMPROVEMENT ACT OF 1913. The District or the County of San Diego shall proceed to initiate proceedings pursuant to the Improvement Act of 1911 or the Municipal Improvement Act of 1913 to finance the construction of a portion of the District's system and a portion of the National City Sewer System, all as shown on Exhibit A, and in addition thereto the construction of such collection sewers as the District deems appropriate, and the acquisition of all necessary lands and rights of way therefor. Section 26. JOINT USE OF CERTAIN SEWER LINES AND REPLACEMENT WITH ADDITIONAL NEW JOINT USE SEWER LINES. A. Joint Use of Certain Sewer Lines. The District and National City agree to share in the use of those certain sewer lines and proposed sewer lines shown on Exhibit A attached hereto, to wit: Lines NC-1, NC-2 and NC-3, belonging to National City, and Lines A-1, B-1, N-1 and M-4, proposed sewer lines that will belong to the District, hereinafter all known as "Joint Use Sewer Lines", and said -23 - Joint Use Sewer Lines shall be used in the following manner: (1) National City owns NC-1, NC-2 and NC-3, being sewer lines shown on Exhibit A attached hereto, and agrees to allow the District to jointly use such lines as follows: (a) The District may during the term of this agreement use NC-1 beginning approximately 1200 feet north of Sweetwater Road and termi- nating at Sweetwater Road for the trans- portation of sewage from the sewage lines in the District of the E Series (E-1 through E-4, inclusive) and the D series (D-1 and D-2). Pursuant thereto, the District or the County of San Diego shall reconstruct a por- tion of NC-1 beginning at the intersection of Grove Street and Sweetwater Road as deline- ated on Exhibit A; thence northerly to a point of connection with the existing NC-1, which in the opinion of the Engineer of Work, will permit the best service to the areas to be served by the existing NC-1, as shown on said Exhibit A. (b) The District may during the term of this agreement use NC-2 beginning at Granger Avenue and extending westerly to Pump Station No. 3 for the purpose of transporting sewage from the District's line designated 0-1 as shown on Exhibit A. (c) The District may during the term of this agreement use NC-3 beginning at the inter- section of the South Bay Freeway and -24- Sweetwater Road and extending to a point near the intersection of Sweetwater Road and Second Street as shown on Exhibit A for the purpose of transporting sewage from the following proposed sewer lines of the District as shown on Exhibit A as follows: K Series (K-1 through K-4, inclusive) J Series 0-1) H Series (H-1) G Series (G-1) F Series (F-1 and F-2) (2) The District proposes to build A-1, B-1, N-1 and M-4, being proposed sewer lines shown on Exhibit A attached hereto, and agrees to allow National City to jointly use such lines in the manner hereinafter specified. NC P-3, NC P-5 and Sweetwater Heights are areas of National City designated on Exhibit D attached hereto and are presently served by National City's Pump Plant No. 3 and National City's Pump Plant No. 5 as shown on Exhibit A attached hereto. The use of Pump Plant Nos. 3 and 5 will be terminated and sewage theretofore transported to these two plants from areas NC P-3, NC P-5 and Sweetwater Heights will be disposed of in the following manner: (a) The sewage from Area NC P-5 as shown on Exhibit D will be transported through the District's proposed sewer lines B-1 and A-1 as shown on Exhibit A, thence through line N-1 to the Spring Valley Outfall Sewer Line as shown on Exhibit A. -25- (b) The sewage from Area NC P-3 will be transported through the District's proposed sewer line N-1 to the Spring Valley Outfall Sewer Line as designated on Exhibit A. (c) The sewage from Sweetwater Heights area will be transported by the use of the District's pro- posed sewer line M-4 as shown on Exhibit A attached hereto, intercepting the sewage on Sweetwater Road and thence transporting sewage to the Spring Valley Outfall Sewer Line. B. New Joint Use Sewer Lines. Upon completion of said Joint Use Sewer Lines as described in this Section 27, Part A, it may become necessary because of increased sewage flow through the said Joint Use Lines to increase the capacity thereof, and provision is hereby made between National City and the District to build addi- tional new joint use sewer lines hereinafter referred to as "new joint use sewer lines". The cost of such new joint use sewer shall be shared by National City and the District in proportion to the respective use of National City and the District in the particular Joint Use Line requiring increased capacity. Cost -sharing between National City and the District shall be determined by the ratio of metered flow of sewage originating from the District's lines as compared to the metered flow of sewage originating from National City's lines. In the event meters have not been installed, then such cost -sharing between the District and National City shall be determined by the ratio of the number of family units (as described in Section 14 of this agreement) from National City using such joint use sewer line requiring additional capacity as compared to the number of family units in the District using such joint use sewage line requiring additional capacity. C. New Joint Use Sewer Lines - Ownership and Rights. Upon payment by National City and the District of its proportionate share of the costs of such new joint use sewer lines, each party shall -26- therefrom own and enjoy a perpetual right to use the capacity of the various units of said new joint use sewer lines that have been built pursuant to Part B of this Section 27 in proportion to the amount that each contributes to the cost of acquisition and con- struction of each particular new joint use sewer line. Neither the District nor National City shall in any way grant, encumber, limit or restrict its interest in any part of said new joint use sewer lines or seek to partition the same or for any part thereof set aside in severalty or use said new joint use sewer lines for any purpose other than the disposal of sewage without the prior con- sent of the other party. Section 27. TIME OF ESSENCE. Time is of the essence of this agreement. Section 28. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to any party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity or the remainder of the agreement or the application of such pro- vision to the other parties or to any other persons or circum- stance shall not be affected thereby. Each party hereby declares that it would have entered into this agreement and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, phrases or words, or the application thereof to any party or any other person or circumstance be held invalid. -27 - IN WITNESS WHEREOF, the parties hereto have caused this instru- ment to be executed by their respective officials pursuant to reso- lution adopted by the Board of Directors of the Spring Valley Sanitation District 0A/ (T/hA4( /e7 /9/.53 No. 88 78 adopted by the City Council City dated .47/7ri//G, /965 Approved as to form and legality this day of 1965. City Attorney of the City of National City Approved as to form and legality this +3 " day of C.v,,.st 1965 BERTRAM MCLEES, JR., County By leputy Counsel and Resolution of the City of National OF NATIONAL CITY SPRING VALLEY SANITATION ICT Chairman of the Board of Directors CONSENT OF THE CITY OF SAN DIEGO The City of San Diego consents to the foregoing Agreement between National City and the Spring Valley Sanitation District for the use of District's Outfall Sewer„ No adjustment in capacity service will be made by the City of San Diego, and no change will be made in annual service charge for such capacity service. Annual maintenance and operation expenses will be charged as set out in Section 11 of the Sewage Disposal Agreement of 1960 between the City of San Diego and National City;, and Section 11 of the Sewage Disposal Agreement of 1960 between the City of San Diego and Spring Valley. National City and Spring Valley shall submit reports to the City of San Diego annually, allocating the sewage which originates within their respective geographical areas of jurisdiction for the sole purpose of determining whether either National City or Spring -28- Valley has exceeded the capacity service proportions previously allocated under their respective Sewage Disposal Agreements of 1960 with the City of San Diego. If the combined allocations furnished in these reports do not equal the combined sewage flow of National City and Spring Valley into the Metropolitan Sewer System as measured by the City of San Diego, then National City and Spring Valley shall reallocate so that the combined allocations equal the combined sewage flow of National City and Spring Valley into the Metropolitan Sewer System. If National City and Spring Valley cannot agree within a reasonable time on a proper allo- cation, the City of San Diego reserves the right to make the allocation for them. This consent is given on the express condition that no duty is placed upon the City of San Diego to meter sewage flow from either National City or Spring Valley except as provided in their respective Sewage Disposal Agreements of 1960, or to allocate either annual capacity service charges or annual maintenance and operation between National City and Spring Valley. This consent is given on the further express condition that the agreement between National City and Spring Valley in no way changes the terms of their respective Sewage Disposal Agreements of 1960 with the City of San Diego. AFRO glY {:mal ATTORNEY TY CITY ATTORNEY -29 - THE CITY OF SAN DIEGO BY StSTANT CITY MANA No. 2 Spring Valley Re Agreement between the City Of National City and the Spring Valley Sanitation District for the Use of Said District's Outf%i._i 1. Sewer. , 1 i1 � 2 c 5 88 -2 J R comra:)a• ON MOTION of Director Austin, seconded by Director Boney, the following resolution is adopted by the Board of Directors of the Spring Valley Sanitation District: WHEREAS, on October 21, 1963, Minute Item No. 6, the Board of Directors of said District adopted a resolution consenting to the annexation of certain territory to said District, as requested by Jack C. Cheney, et al, and on November 12, 1963, Minute Item No. 119, the Board of Supervisors of the County of San Diego, adopted a resolution annexing said territory; and WHEREAS, there now is presented to the &ird a letter from the Depart- ment of Special District Services transmitting and recommending that the Board approve and authorize the Chairman to execute a proposed Agreement between the City of National City and the Spring Valley Sanitation District for the use of said District's outfall sewer by said annexed area designated as Lincoln Acres and by certain other areas in the City of National City, subject to the consent of The City of San Diego; being for a period of 15 years commencing from the effective date of said proposed Agreement and at the rate of service charges stated therein; all as more particularly set out in said proposed Agreement; and WHEREAS, said proposed Agreement has been executed by the City of National City, by Richard E. Gautereaux, Mayor; and has been approved as to form and legality by the County Counsel; NOW THEREFORE IT IS RESOLVED AND ORDERED that said proposed Agreement be and it is hereby approved, subject to execution by The City of San Diego of Consent to said Agreement; and that the Chairman of this Board be and he is hereby authorized and directed to execute said Agreement for and on behalf of the Spring Valley Sanitation District. PASSED AND ADOPTED by the Board of Directors of the Spring Valley Sanitation District, County of San Diego, State of California, this 19th day of April, 1965, by the following vote: AYES: Directors Gibson, Boney, Dent, Austin and Cozens NOES: Directors None ABSENT: Directors None STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO, ) SS. _L; HELEN K1E KNER, Clerk of t Boarff of Directors of the Spring —Valley Sanitation District of the County of San Diego, State of California, hereby certify that f have compared the foregoing copy with the original resolution passed and adopted by said Board, at a regular meeting thereof, at the time and by the vote therein stated, which original resolution is now on file in my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said Sanitation District, this 19th day of April, 1965. (SEAL) HELEN-KLECKNER Clerk of the Board of Directors of said Sanitation District 9% 2988-2125- R RESOLUTION NO. 8878 nit ;w.r R7F:OLUTION AU ORI NG MAYOR TO E UT AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SPRING VALLEY SANITATION DISTRICT BE IT RESOLVED by the City Council of the City of National City California as follows: 1. That Resolution No. 8796 of the City of National City be and is hereby rescinded. 2. That the Mayor is hereby authorized and directed to e we to that certain Agreement between the City of National City and the Spring Valley Sanitation District o the County of San Diego for the use of District's Outfal1 Sewer. » . PASSED AND ADOPTED this 6th day of April, 1965 ATTEST: CITY CLERK) 3 /»MAYOR PASSED AND ADOPTED by the City Council of the City of National City, California, this 6th day o= April AYES: Councilmen 19 65 by the following vote, to -wit: Allen, Colburn, Hogue, Gautereaux NAYS:Morgan Councilmen 110Z ari ABSENT: None A i t EST: City Clerk 1 hereby approve the foregoing J Resolution l s.. es'flrr..0 Richard E. Gautereaux • Mayor of the City of National City, California this tth day of April P char.d. . G.aut =r.eai x 19 65 Mcyor of the City of National- City, California �_ ( Resolution 1 hereby certify that the above and foregoing is a full end true copy of j C -n No 8878 r Resolutions of the. J ( 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 6th day of April 19 65 City Cier,k of the City of Notional,City, California. Deputy 003x AdO3 Otl3x1 t d> ( x' Adoo AdOO OU3OU3x3x RESOLUTION No. 183780 ADOPTED ON MAY 2 0 Ens BE IT RESOLVED by the Council of The City of San Diego as follows: That the City Manager is authorized to execute, for and on behalf of said City, a consent pursuant to the Sewage Disposal Agreements of 1960, to an agreement between the City of National City and the Spring Vallcy Sanitation District under which the City of National City is authorized to utilize a portion of the Spring Valley Sanitation District's capacity in the Metropolitan Sewer System, as more particularly described in the form on file in the Office of the City Clerk as Document No. 6R6001 . Presented by APPROVED: ED67A a T BUThER y Attorney • 5/12/65 re FORM CC-1270 (REV. 10.61) By an • N.wman-Crawford, D-.uty 1 Passed and adopted by the Council of Tie City of San Diego on by the follo%-ing vote YEAS _- Councilmen: Cobb s.,C.)'s:x::'?-.:�1ceil:a�.. l:;itehr Harm,, NAYS .a-- Councilmen: None. ABSENT Council Non®. sommommagellise AUTHENTICATED BY: (SEAL) _ IPFttR''N1i Tray© r off"-ire-11:i1,'h 75iego al f: HILLII' ACKE:R. Cleik oTrrhe t, ^""`Q: an %ego, California. By .10,01g S AFER Deputy. I '.HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION ND,.,,- 83 SQ .passed and adopted by the Council of The City of San :Diego;, Californ:i.at.Iv y .?..Ob 1965 _. • PHILL�:P ACKE:R. C.ityi.`ier4: ofs , kry i :y.aoi an 71.E;gon Vali orni? (SEAL) By , Deputy. DOCUMENT NO 686213 FILED MAY Mb OFFICE OF THE CITY CLERK SAN DIEGO, CALIFORNIA (Contr-SewersMetro) Consent to agreement bet City of National City and Spring Valley Sanitation District — utilization of a portion of District's capacity in the Metropolitan Sewer System by City of National City. no copies