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HomeMy WebLinkAbout1960 CON City of San Diego - Sewer Disposal Agreement of 1060ORIGINAL id 1-1 d E y- H-G ia„2 / ,,,i,,„.Q Cd 3/- ; APR 1.1 Cori. or 3 s$ plypp 14,1"*'4 C iry SEWAGE DISPOSAL AGREEMENT OF 1960 DEC 221960 JAN 2 3 1961 THE CITY OF SAN DIEGO and THE CITY OF NATIONAL CITY TABLE OF CONTENTS Page Section 1. Purpose of Agreement, Common Power to be Exercised, Termination 3,4 Section 2. City to Administer 4 Section 3. The Metropolitan Sewerage System 5 Section 4. Term of Capacity Service 7 Section 5. Time of Connection 9 Section 6. Limitations on Type and Condi- tion of Sewage 9 Section 7. Administration, Maintenance and Operation 11 Section 8. Annual Ser7lce Charge for Capacity - Deierm:lr.:;tion 12 Secti ,n 9. Annual Service Charge - Pant Dates 15 Section 10. Annual Service Charge - Reduction of 17 Section 11. Administration, Maintenance and Operation Expenses 17 Section 12. Repair, Reconstruction and Replacement 22 Section 13. Interruptions of Service 22 Section 14. New Construction 23 Section 15. Records and Accounts 24 Section 16. Insurance 25 Section 17. Advisory Board 26 Section 18. Manner of Giving Notice 27 Section 19. Acquisition of Additiona.. Capacity Service from the City 27 i. TABLE OF CONTENTS (Cont' d . ) Page Section 20. Additional Capacity Service Back Payments �9 Section 21. Permitted Flow 31 Section 22. Adjustment of Capacity Service Between Participating Agencies 33 Section 23. Participation of Agencies at Later Dates 35 Section 24. Special Terms for The Parti- cipating Agency to :: r,et its Special Problems 37 Section 25. Arbitration 38 Section 26. Option to Extend 42 Section 27. Contract - Termination for Cause 42 Section 28. Reclamation of Water, Use of 43 Digested Sludge Section 29. Time of Essence 46 Section 30. War and Other Contingencies 46 Section 31. Severability 47 Section 32. Date of Agreement 47 ii. SEWAGE DISPOSAL AGREEMENT OF 1960 WHEREAS, increases in population have created an urgent need in The City of San Diego (hereinafter sometimes referred to as "City") for additional facilities for the collection, transmis- sion, treatment and disposal of sewage, and predicted increases in population will multiply the sE.verity of the sanitation problems with effects such as pollution of San Diego Bay; and WHEREAS, to protect the health and safety of its citizens the City intends to acquire and construct facilities for the collection, transmission, treatment and disposal of sewage and such facilities should be designed with sufficient capacity to provide for the expansion of and growth in popula- tion of the City, including annexation of outlying areas, and the City has expended some sewer revenues for rights of way and engineering therefor; and WHEREAS, such facilities must be designed for the predicted ultimate capacity, with parts to be acquired and constructed in the near future and other parts to be acquired and constructed later when needed; and WHEREAS, the City proposes to issue sewer 'Rev.9-28-60 revenue bonds to provide additional funds to acquire and construct the proposed sewer facilities; and WHEREAS, studies show that the present practices of collection, transmission, treatment and disposal of sewage not only create sanitation problems for the City but also for the other cities and unincorporated areas that together with the City make up the San Diego Metropolitan Area, much of which drains into San Diego Bay; and WHEREAS, the other cities and districts in the said metropolitan area have expressed a desire to participate in the sewerage program and their participation will result in a substantial monetary saving to them and to the City and will secure the City against pollution of underground, Bay and other waters and other dangers to public health; and WHEREAS, long term agreements are re- quired for the purposes herein stated and the City intends to enter into sewage disrosal agreements with said cities and districts (herein sometimes collectively referred to as "Participating Agencies, any one of which is sometimes referred to as a "Participating Agency"); and WHEREAS, the City and each of said Parti- cipating Agencies has power to provide for the transmission, treatment and disposal of sewage and are authorized to contract with each other for the transmission, treatment and disposal of sewage; and WHEREAS, the City and said Participating Agencies are authorized to contract with each other for the joint exercise of any common power under Art. 1, Ch. 5, Div.7, Title I of the Government Code; NOW, THEREFORE, THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY (Hereinafter sometimes referred to as "The Participating Agency") for and in consideration of the mutual covenants and agreements hereinafter stated and the performance thereof, and for other valuable and adequate con- sideration, do promise and agree for and on behalf of themselves and their successors in interest as follows: Se3tion 1. Purpose of Agreement, Common 3. (N.C.) Rev. 12.22-60 • Power to be Exercised, Termination. This agreement, made under the provisions of the Charter of the City of San Diego, and the laws of the State of California, and under Art, 1, Ch. 5, Div. 7, Title I of the Government Code, is for the purpose of providing facilities for and the transmission, treatment and disposal of sewage, and each public agency (the City and the Participating Agency) has in common the power to acquire, construct, maintain, repair, manage, operate and control facilities for said purpose. Said purpose will be accomplished and said common power exercised in the manner hereinafter set forth. After completion of said purpose, to wit, at the end of the term of this agreement or of any extension thereof, any surplus money on hand shall be returned in propor- tion to the contributions made (surplus from contributions of the Participating Agency being amounts, if any, paid by The Participating Agency for M & 0 expenses under Section 11 hereof in excess of the sums required to be paid thereunder for actual M & 0 expenses). Section 2. City to Administer. The City of San Diego shall, subject to )4. the restrictions set forth in its charter, as such charter now exists or as hereafter amended, administer and execute this agreement and do all acts necessary for the exercise of said common power for said purpose. The City shall receive all money paid by The Participating Agency under this agreement and disburse all money spent in connection with The Metropolitan Sewerage System. Section 3, The Metropolitan Sewerage System. The City shall acquire, construct, maintain, repair, manage , operate and control facilities for the transmission, treatment and disposal of sewage. Said facilities are herein- after sometimes collectively referred to as "The Metropolitan Sewerage System" and shall consist of interceptor sewers, pumping stations, outfall sewer, sewage treatment plant and ocean outfall, all as generally described and shown on Exhibit A, attached hereto and made a part hereof. The duplicate originals of said Exhibit A are on file in the office of the City Clerk of the City. The Metropolitan Sewerage System shall be owned solely by the City and the part or parts thereof not already in existence on the date of this 5. Rev. 10-10-60 agreeme-t shall be acquired and constructed at the cost and expense of the City. City, by the approval of a charter amendment, is obligated to pay said cost and expense only from construc- tion funds derived from the sale of such sewer revenue bonds of the City as may be duly authorized and from moneys in and sewer revenues which go into the Sewer Revenue Fund of the City. At a special municipal election held on November 8, 1960, the electors of City author- ized the issuance of revenue bonds for the acquisition and construction of The Metropolitan Sewerage System. Said bonds shall be sold from time to time as the City shall determine so that The Metropolitan Sewerage System can be acquired and constructed in a reasonable time. The Metropolitan Sewerage System need not be built to its designed capacity as shown on Exhibits A and B immediately but shall be built immediately to a capacity large enough to discharge all obligations of the City under this agreement and under agree- ments with other Participating Agencies. Nothing in this section or in this contract shall obligate the City to make any pay- ment for the acquisition, construction, maintenance 6. Rev. 12-2-60 • or operation of The Metropolitan Sewerage System from moneys derived from taxes or from any income and revenue of the City other than moneys in or sewer revenues which go into the Sewer Revenue Fund and from construction funds derived from the sale of such sewer revenue bonds as are duly authorized. Nothing in this contract shall be construed to obligate the City to pay from its annual income and revenues any sum which would create an indebtedness, obligation or liability within the meaning of the provisions of Section 18 of Article XI of the Constitution of the State of California. Nothing in this section, however, or in this contract shall prevent City, in its discre- tion, from using tax revenues or any other available revenues or funds of the City for any purpose for which the City is empowered to expend moneys under this contract. Section 4. Term of Capacity Service. For the purpose of this agreement "average flow" shall mean the discharge of sewage expressed as a rate of flow in million gallons a day (mgd), and shall be computed by dividing the total gallons discharged during the fiscal year by the number of days within said year. City agrees that for a period of forty (40) years from and after the date that the Metro- politan Sewerage System commences operation as said date is defined herein, it will receive sewage from the Sanitary Sewer System of the Participating Agency in average flow not to exceed C.0 million gallons a day unless reduced in accordance with the provisions cf Section 8 hereof, and will convey, tret, and dispose of such sewage through The Metropolitan Sewerage System and The Participating Agency shall have and is hereby let the right each year during said term to discharge into The Metro- politan Sewerage System not to exceed 8.0 million gallons a day average flow upon performing its agree- ments and covenants herein contained (said right is hereinafter sometimes referred to as "capacity service"). Said capacity service shall be subject to being increased or decreased as hereinafter provided. Except as otherwise provided in Section 24 hereof, said sewage shall be discharged into said The Metropolitan Sewerage System at a point or points shown on Exhibit A unless such point or points is or are changed hereafter by agreement of the parties hereto. 8. (N.C.) - Rev. 12-22--60 Measuring devices shall be installed at a point or points designated by City in order to determine the amount of said Participating Agency's use of The Metropolitan Sewerage System. All connections to The Metropolitan Sewerage System for the purpose of said discharge and the installation of said metering devices shall be made at the sole cost and expense of The Participating Agency and shall be made under the supervision of an officer or employee of and designated by the City and shall be performed to the satisfaction of and subject to the approval of the City. Section 5. Time of Connection. Unless otherwise provided in Section 24 hereof, The Participating Agency shall connect to The Metropolitan Sewerage System on or before the date on which The Metropolitan Sewerage System commences operation. For the purpose of this agree- ment the date on which The Metropolitan Sewerage System commences operation shall be the date on which sewage commences to flow through the treat- ment plant of The Metropolitan Sewerage System. Section 6. Limitations on Type and Condition of Sewage. 9 The Participating Agency expressly agrees to the following separate, distinct and cumulative limitations: a. The Participating Agency shall not discharge into The Metropolitan Sewerage System any sewage or wastes which do not meet the standards established by the City under appropriate ordinances, resolutions, rules and regulations. The Participating Agency shall regulate and prohibit the dis- charge into The Participating Agency's sanitary sewage system of sewage and wastes which do not meet the quality and standards so established by the City. The Participating Agency shall also comply with the applicable statutes, rules and regulations of agencies of the United States of America, the State of California, and the County of San Diego, having jurisdic- tion over the collection, transmission, treat- ment and disposal of sewage and wastes. b. The Participating Agency shall not allow excessive infiltration or any surface or storm waters to be discharged into its Sanitary Sewer System or into any other sewer 10. Rev. facilities emptying into its Sanitary Sewer System or into any other sanitary sewer facilities over which it has control. The Participating Agency shall not allow cooling water or other unpolluted industrial waste to be discharged into such sewer system or facilities without the written consent of City thereto. c. Participating Agency shall not discharge into The Metropolitan Sewerage System any sewage originating outside the boundaries of The Participating Agency with- out the written consent of the City. Section 7. Administration, Maintenance and Operation. The City shall operate, maintain, manage and control The Metropolitan Sewerage System in an efficient and economical manner and maintain and preserve it in good repair and working order, all in accordance with recognized and sound engineering practices. City agrees to convey, treat (including chlorination, if required) and dispose of all sew- age received into The Metropolitan Sewerage System under_the.terms of this contract in such manner as to comply with all applicable Rev.9-28-60 11. laws, rules and regulations. Section 8. Annual Service Charge for Capacity - Determination. The annual service charge payable by The Participating Agency to the City for each fiscal year (but not including the first and last fiscal years as set forth in Section 9 hereinafter) during the term hereof (but not including any extension of said term) for its capacity service for such year shall be established in the manner provided in this section. On Exhibit B, attached hereto and made a part hereof, is set forth the ''estimated total cost and expense" of the acquisition and construc- tion of The Metropolitan Sewerage System, including all costs and expenses Lrorerly allocable under recognized accounting principles and practices to the acquisition and construction cost of said System and including construction costs, engineering ex- penses, rights -of -way and land acquisition costs and expenses, legal expenses, finance expenses, together with interest computed on said estimated costs and expenses based upon a 40-year amortiza- tion thereof, at a rate not to exceed 4 1/4% uer annum. 12. The cost of the capacity subject to be used for sewage received from The Participating Agency shall be that proportion of said "estimated total cost and expense" which said capacity bears to the total designed capacity of the System, all as more particularly set forth in said Exhibit B. The Participating Agency's annual pay- ment for its capacity service for each year, which is designated its "annual service charge," shall be determined by dividing the total cost of the capacity subject to be used for sewage received from it as herein provided by the number of payments to be made and is shown on said Exhibit B; provided, however, that for the purpose of determining the number of payments to be made, the total of the sum of the first charge and the last charge as provided in Section 9 hereinafter shall be considered to be one payment. The "actual annual service charge" to be payable by The Participating Agency to the City each year for its capacity service for such year shall be determined by the City on the basis set forth in this section and The Participating Agency shall be notified thereof by City at least one hun- dred twenty (120) days prior to the commencement of 13. Rev. operation of The Metropolitan Sewerage System. The "actual annual service charge" shall be computed upon a "total cost and expense" which shall include the actual costs and expenses of all items of The Metropolitan Sewerage System theretofore paid or committed and estimated cost and expense of any addi- tional capacity to be constructed to bring the System up to its designed capacity. Total interest shall be computed at the average net interest cost of all revenue bonds theretofore sold for acquisition and construction of The Metropolitan Sewerage System. When the "total cost and expense" has been deter- mined in accordance with the provisions of this paragraph, City Manager of City shall file a report thereof with the legislative body of The Participating Agency and with the City Council; a copy of such report shall be spread upon the minutes of the said legislative body and City Council. If the "actual annual service charge" shall exceed by more than 1C% the estimated annual service charge as shown on Exhibit B for The Parti- cipating Agency, then The Participating Agency shall have thirty (30) days within which it may accept, in writing, such "actual annual service charge." If it does not accept such "actual annual service charge" it shall pay annually the amount of its estimated annual service charge as shown on 14. Rev. Lxhibit B, and its capacity service shall be reduced in that proportion which the "estimated total cost and expense," as shown on Exhibit A, bears to the "total cost and expense" mentioned in the next pre- ceding paragraph. A statement of the amount of reduced capacity service shall be filed with the legislative body of The Participating Agency and with the City Council, and a copy of such statement shall be spread upon the minutes of the legislative body of The Participating Agency and the City Council. The amount of the annual service charge as so determined shall not be subject to arbitration. Section 9. Annual Service Charge Payment Dates. The annual service charge for the capacity service of The Participating Agency for each fiscal year shall be payable in one installment on the 1st day of February during such fiscal year. The Parti- cipating Agency agrees to provide a sum or sums sufficient for such payment in its budget or other program of expenditures, but in any event to make the payment for each fiscal year promptly on February 1st as herein required. City agrees to advise The Participating Agency from time to time (not more frequently than once each six months, unless the City at any time elects to send additional communica- 15 . Rev. 1 A tions) of the progress of the work and the tentative date of completion of construction of The Metropolitan Sewerage System. This advice is for the purpose of information only and is recog- nized as being inexact and subject to change in accordance with the progress of the work. The first service charge shall be paid by The Parti- cipating Agency on the date of commencement of operation or on February 1st of the fiscal year of The Participating Agency in which The Metropolitan Sewerage System commences operation, whichever occurs later, and shall be that portion of the annual service charge determined by the proportion which the period from the commencement of operation to the end of the year bears to the entire fiscal year. The service charge for the nortion of the last fiscal year shall be paid by The Participating Agency on February 1st of the last fiscal year at the end of the term of this agreement and shall be that portion of the annual service charge determined by the proportion which the period from July 1st to the anniversary date of commencement of operation bears to the entire fiscal year. Each service charge for a portion of a fiscal year shall be for the capacity service for that portion of a year. 16. Section 10. Annual Service Charge Reduction of. In the event that City effects any saving by the issuance subsequently of refunding sewer revenue bonds at a lower rate of interest than that paid on the initial sewer revenue bonds thereby refunded, then, and only in such event, the actual annual service charge thereafter of The Participat- ing Agency during the balance of the term hereof shall be recomputed to reflect such lower rate, after adjustment for all expenses of or connected with the refunding and any premiums paid upon call of the bonds refunded. Section 11. Administration, Maintenance and Operation Expenses. All administration, maintenance and operation expenses (including overhead) of The Metropolitan Sewerage System (herein sometimes referred to as "M & 0 expenses") shall be paid by the City. To compensate the City therefor, so far as sewage treated and disposed of comes from The Participating Agency, The Participating Agency shall pay to the City in each fiscal year an amount equal to that proportion of the total M & 0 expenses which 17. the actual amount of sewage received that year from The Participating Agency bears to the total actual quantity of sewage handled and treated that year in The Metropolitan Sewerage System. The amount which The Participating Agency is to pay to the City under this section shall be determined in ac- cordance with recognized accounting principles. Not later than May 1st in any year the City shall estimate M & 0 expenses for the ensuing fiscal year and on or before said May 1st shall notify The Participating Agency of the estimated amount it should pay to compensate the City for M & 0 expenses of handling sewage from The Participating 18. Rev. 1-18-61 Agency for such ensuing fiscal year. The estimated amount shall be paid to the City in four equal installments at the times hereinafter provided; provided, however, that the amount of the last installment shall be subject to adjustment as here- inafter provided. The first installment shall be payable on September 1st, the second on December 1st, the third on March 1st, and the last on June 1st. It shall be the duty of The Participating Agency to include the sum for M & 0 expenses in its budget or other program of expenditures but in any event to make the payments promptly at the times the same become due. Thirty (30) days prior to the due date of the last payment for such year the City shall notify. The Participating Agency the amount by which such payment must be increased or decreased in order to adjust the estimated amount payable by The Participating A y;ency to the actual amount for such Agency based upon the total M & 0 expenses for that year, total sewage handled and treated, and tte quantity of sewage received from The Participating Agency. In the event that at the end of any fiscal year (of The Participating Agency) the amount paid by The Participating Agency on account of M & 0 expenses exceeds the amount which should have been 19. charged, based upon the actual figures for the full year of total M & 0 expenses, total sewage treated and quantity of sewage actually received from The Participating Agency, then the City shall credit The Participating Agency with the overage the following fiscal year. In case of an underpayment The Participating Agency shall be billed for the balance by the City and shall pay the same not later than the following July 20. The first payment on account of M & 0 expenses shall be made by The Participating Agency on the date that it commences to discharge sewage into The Metropolitan Sewerage System even though such date does not correspond with one of the quarterly dates as aforesaid. The second payment, however, shall be made on the next succeeding quarterly date as stated in the preceding paragraph and thereafter payments shall be made on such quarterly dates as aforesaid. For the first pay- ment the City shall estimate the date on which it will be due, the amount thereof, and the amount for such first fiscal year or remaining portion thereof and the amount to be paid on each payment date dur- ing said fiscal year, and shall notify The Participating 20. Agency thereof at the time notice i.s given as pro- vided in Section 8 hereof. Any overpayment or underpayment shall be credited or billed as herein - before provided. If this agreement expires on a date other than the last day of a fiscal year, payments for the portion of the last fiscal year of the agree- ment (unless this agreement is extended pursuant to the option in Section 26 hereof) or for the portion of the last fiscal year of the extended term, shall be made as they fall due on the quarterly dates as aforesaid, with the last payment on the expiration date of the agreement or the extended agreement. The last payment shall be for the balance of M & 0 exense for such portion of a fiscal year. With the estimate of M & 0 expense for such portion of the last fiscal year the City shall also apportion the amounts of each of the several payments. Any overpayment shall be refunded within thirty (30) days after the expiration date and in the case of under- payment the City shall bill The Particiating Agency for the balance and The Participating Agency shall pay the same within such thirty (30) days. No payment on account of M & 0 expenses shall be withheld by The Participating Agency because 21. of any dispute the amount thereof. Such pay- ment shall be made with a notation as to the portion thereof in dispute. Any amount determined by competent authority or by arbitration to have been improperly allocated to The Participating Agency shall be refunded to The Participating Agency by City. Section 12. Repair, Reconstruction and Replacement. The Metropolitan Sewerage System shall be maintained by the City in good repair and good work- ing order in accordance with sound engineering practices. It shall be the duty of the City to make repairs on The Metropolitan Sewerage System and to make replacements (including reconstruction) required to kee,_. said facilities in good operating condition. Except as provided in Section 13 hereof, all repairs, reconstruction and replacements shall be part of the maintenance costs. Section 13. Interruptions of Service. In the event of major interruption of service to The Participating Agency from The Metro- politan Sewerage System as a result of disaster, 2 2 . operation of state or federal law, or other causes beyond the City's control, The Participating Agency may discontinue M & 0 payments for the period of such interruption. The Participating Agency in such event may also discontinue payments of its annual service charge, but if that is done the City shall be under no obligation to restore service to it when The Metropolitan Sewerage System service is resumed. If The Participating Agency elects to continue paying its annual service charge during the interruption the City shall, using any legally available means and resources at its disposal, restore service from The Metropolitan Sewerage Sys- tem equivalent to the service prior to the inter- ruption. Section 14. New Construction. The City may propose additions or improve- ments to The Metropolitan Sewerage System which were not included in the original design as set forth on said Exhibit A. Any such proposal shall describe the proposed additions or improvements, the estimated cost thereof, and the additional charge (annual or otherwise), or method of comput- ing such additional charge, to be paid by The Participating Agency therefor. If the City and . Rev.9-28-60 �3e -Rev.9-2.8-60 10-4-60 The Participating Agency enter into an agreement per- taining to such proposed additions or improvements and the additional charge (annual or otherwise) to be paid by The Participating Agency for the use of said additions or improvements the City shall pro- ceed to acquire and construct the proposed additions or improvements in accordance with such agreement and The Participating Agency shall pay the City in accordance with the terms of said agreement. If the Participating Agency does not agree to the con- struction of the additions and improvements and the additional charge (annual or otherwise) to be paid by it, the City, nevertheless, may proceed to acquire and construct the proposed additions or improvements and if The Participating Agency uses said additions or improvements, it shall pay for said use an annual rental, which annual rental shall be fifteen per cent (15%) of the cost of that portion of the additions or improvements used by The Participating Agency plus its share of the M & 0 expenses of the additions or improvements computed as provided in Section 21 hereof, and said annual rental s2^. 11 be payable at the same times as the annual service charge. Section 15. Records and Accounts. The City shall keep proper books of records 24. and accounts in which complete and correct entries shall be made of all costs and expenses, receipts and disbursements, relating to the acquisition, construction, administration, maintenance, opera- tion and repair of The Metropolitan Sewerage System. Said books and record;3 shall, upon written request, be subject to inspection by any duly authorized representative of The Participating Agency. Said books and accounts shall be audited annually by an independent certified public accountant or firm of certified public accountants appointed by the City and a copy of the report of such accountant or accountants shall be given to The Participating Agency. The City shall make an annual report of all receipts and disbursements and furnish a copy to The Parti- cipating Agency. The expense of said audit and report and all record keeping and accounting costs shall be a cost of operation. Said books of records and accounts may be a part of the books of records and accounts in which are entered the receipts into and disburse- ments from the "Sewer Revenue Fund." Section i6. Insurance. The City shall at all times maintain with 25. responsible insurers such insurance against loss or damage to The Metropolitan Sewerage System as is customarily maintained with respect to works and property of like character. The City may also maintain with responsible insurers workman's compensation insurance and insurance against public liability and property damage. The premiums on all such insurance shall be part of M & 0 expenses. With respect to public liability and/or workman's compensation insurance, the City shall be regarded as a responsible insurer for purposes of this section; and if the City shall elect to act as its own insurer for all or part of such risks it shall be entitled to receive premiums equivalent to those prevailing for such insurance, which premiums shall be regarded as M & 0 expenses. Section 17. Advisory Board. The City shall create a Board of Advisors to render advice on the sanitation problems of the metropolitan area, including but not limited to, the maintenance, operation, extension, addition and improvement of The Metropolitan Sewerage System. The recommendations of said Board shall be advisory only. Said Board shall be composed of one 26. representative of the City and one representative of each Participating Agency. Upon written notice from the City, the Chief Executive of The Parti- cipating Agency shall appoint its representative to sit on said Board at the pleasure of the appointing power. Section 18. Manner of Giving Notice. Notices required or permitted hereunder shall be sufficiently given if in writing and if either served personally upon or mailed by registered or certifiedmail to: City Clerk of The City of San Diego Civic Center 1600 Pacific Highway San Diego 1, California City Clerk of The City of National City City Ha l l 1243 National Avenue National City, California (The Participating Agency) or such other person and address as either party shall advise the other in writing. Section 19. Acquisition of Additional Capacity Service from the City. The Participating Agency's capacity service set forth in Section 4 hereof may be 27. (N.C.) Rev. 12-22-60 increased by the acquisition of additional capacity service. The Participating Agency shall apply to the City for such additional capacity service, stating the amount of additional capacity it desires. The City shall then determine if addi- tional capacity can be made available for The Participating Agency. In making such determina- tion the City shall consider the designed capacity, the capacity necessary for its use and the capacity service of all other Participating Agencies. The capacity service of any other Participating Agency shall not be reduced without the consent of the governing body thereof expressed in writing. The City shall also determine whether increasing the capacity service of The Participating Agency will unbalance The Metropolitan Sewerage System to the detriment of the City or one or more of the other Participating Agencies. If the above stated determinations show that the application should be denied, the City shall so notify The Participating Agency. If the above stated determinations show that the application should be granted, the City shall notify The Participating Agency that its application is granted and the date on which its 28. - Rev.9-28-60 capacity service will be increased to the amount applied for. After said date the annual capacity service charge of The Participating Agency shall be increased to correspond with its new capacity service. If the increase is made during a fiscal year and not at the beginning thereof, the first payment for such increase shall be made on February 1 of such fiscal year or on the date the capacity service is increased, whichever is later, and shall be that portion of the increase in the annual service charge determined by the proportion which the period from the date of increase to the end of the fiscal year bears to the entire fiscal year. Section 20. Additional Capacity Service - Back Payments. After said date of increase of capacity service the annual payment of The Participating Agency for its capacity service for each year shall also be increased by an additional amount to be known as "Deferred Rental." The total amount of such Deferred Rental shall be the total amount of the capacity service charge which The Participating Agency would have paid for such additional capacity 29. service from the time The Metropolitan Sewerage System commenced operation to said date of increase plus a ten per cent (l00) surcharge for obtaining such additional capacity service. If on the date the application is granted the Engineering News Record Cost Index shows that construction costs have risen more than ten per cent (10%) from the date when The Metropolitan Sewerage System commenced operation, said surcharge shall be in- creased by the percentage of increase in construc- tion costs thus shown. In the event that the Engineering News Record Cost Index is not continued to the date of request for additional capacity service, the acknowledged successor index thereto shall be used for the purpose of determining the amount that construction costs have increased. Such total amount of Deferred Rental shall be divided by the number of years (plus any fraction of a year) of the remaining period of this agree- ment ( not including any extension thereof) and the annual amount so determined (sometimes hereinafter called "annual Deferred Rental") for each full fiscal year shall be payable with the annual service charge on February 1 of each fiscal year; however, for that portion of a fiscal year (if any) from -Rev . 9-28-60 30. -Rev .9-28-60 the date of the increase to the next July 1, the Annual Deferred Rental shall be prorated in accordance with such time and shall be paid on such date of increase or on February 1, which- ever is later. Also for that portion of a fiscal year, if any, from the last July 1 prior to the date of expiration of this agreement (not including any extension thereof) the Annual Deferred Rental shall likewise be prorated in proportion to the time and shall be payable on February 1 of such fiscal year with the service charge. The Deferred Rental paid in any fisal year is (with the increase in annual service charge) compensation for the in- crease in capacity for such year. The Participating Agency shall execute an appropriate amendment to this contract obligat- ing The Participating Agency to make the additional payments and reserving to The Participating Agency its additional capacity service. Section 21. Permitted Flow. For the purposes of this agreement "per- mitted flow" shall mean the amount of sewage allowed to be discharged by The Participating Agency into The Metropolitan Sewerage System and measured as 31. either an average flow or a peak flow; and "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 The Participating Agency shall have the right to discharge peak flow into the Metropolitan Sewerage System not to exceed 18.6 cubic feet per second and the City shall have the obligation to receive such peak flow from The Participating Agency. Temporary increases in the permitted peak flows resulting from rainfall shall not be considered violations of this agreement; provided, however, that City is not obli- gated to receive from The Participating Agency nor is The Participating Agency privileged to discharge into the Metropolitan Sewerage System any amounts in excess of the total permitted peak flows under this agreement which would endanger the public health or safety. If The Participating Agency exceeds the permitted peak flows on more than a temporary basis and such excess is caused by a defect in the sewer system of The Participating Agency capable of being corrected or the excess is caused by the discharge into the sewer system of The Participating Agency by a sewer user of a large quantity of 31a. (N.C.) Rev. 12-22-60 sewage in a short period of time, then Participa- ting Agency shall cause such defect to be corrected to prevent the excess or shall cause the sewer user to construct and operate appropriate facilities to spread the discharge of sewage into its sewer sys- tem 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 City and The Par- ticipating Agency and does not arise from any causes hereinabove mentioned, then the peak flow of The Participating Agency shall be adjusted to re- flect such conditions. If for any reason The Participating Agency exceeds its capacity service for thirty (30) consecutive days, then for each month or fraction of a month that it exceeds its average flow after said thirty -day period, The Partici- pating Agency shall pay to City an additional amount for the excess capacity used, computed as follows: The rental charge for such excess capa- city if used by The Participating Agency for one year would be fifteen per cent (15%) of the cost of such excess capacity as determined under Section 8 hereof. For the fractional part of a year that Rev . 9-28-60 Rev . 9 _30_6o such excess capacity is used by The Participating Agency the charge therefor shall be that fractional part of such rental charge (for one year). There shall also be added to the amount chargeable for M & 0 expenses for the excess above The Participa- ting Agency's average flow a surcharge of fifteen per cent (150) thereon. Such additional charges and surcharges shall continue during the time that The Participating Agency exceeds its average flow but the receipt of such payment or the acceptance temporarily of the excess amount of sewage shall not give The Participating Agency any continuing right to deliver any sewage in excess of the amount of its average flow. Section 22. Adjustment of Capacity Service Between Participating Agencies. The Participating Agency may acquire additional capacity service from another Partici- pating Agency or transfer capacity service to another Participating Agency upon such terms and conditions as they may agree upon. No capacity service shall be increased or decreased pursuant to such agreement unless the City shall first de- termine that said change will not unbalance The 33. Metropolitan Sewage System to the detriment of the City or other Participating Agencies and shall. consent thereto in writing. Following such consent, on a date to be set by the City, the capacity ser- vice will be increased or decreased as the case may be and the annual service charge changed to correspond therewith. If, because of annexation, consolida- tion, or other cause, responsibility for the disposal of sewage from a particular area is transferred from one Participating Agency to another Participating Agency, capacity service shall be transferred accordingly on a date to be determined by the City and the capacity service charges changed to correspond therewith. The Participating Agencies effecting a transfer shall notify the City that such responsibility has been transferred and may recommend to the City the amount of capacity service which should be trans- ferred, which recommendation shall be advisory only. The amount of capacity service to be transferred shall be determined by the City but in no case shall the capacity service of a Participating Agency be reduced without the agreement of such Agency. Rev.9 30--60 No such transfer shall become effective until The Participating Agencies shall execute appropriate amendments to their contracts with the City reserving to such transferee Participating Agency the additional capacity service and deduct- ing such capacity service from the capacity ser- vice of the transferor Participating Agency and obligating the transferee Participating Agency to make the additional payments and relieving such transferor Participating Agency of the obligation to pay the proportionate part of its annual service charge represented by the capacity service trans- ferred. Section 23. Participation of Agencies at Later Dates. After The Metropolitan Sewerage System commences operations the City may contract with other cities, districts, public bodies and agencies of all types (hereinafter sometimes referred to as "Later Participating Agency") for capacity service in The Metropolitan Sewerage System subject to the following separate, distinct and cumulative limitations: 35 a. The City shall notify The Partici- pating Agency of its intent to so contract with said Later Participating Agency andshall give said Participating Agency thirty (30) days to file written objections with the City. Such objections shall be advisory only. b. After said thirty (30) days have elapsed the City shall determine before entering into said agreement that: 1. There is capacity available for the use of said. Later Participating Agency. In making such determination the City shall consider against the designed capacity of the System, the capacity needed by the City for its own use and the capacity service of all then Participating Agencies, and 2. The capacity service proposed to be allocated to the Later Participating Agency will not unbalance The Metro- politan. Sewerage System to the detri- ment of the City and the presently Participating Agencies. 36. c. The obligations of said Later Participating Agency shall include, without limitation, its share of: 1. M & 0 expenses, and 2. Capacity Service charge computed in a manner similar to that required under this agreement, and 3. Deferred Rental at least equivalent to that required in the case of the acquisition of additional capacity service by The Participating Agency. d. Notwithstanding any provision of this Section, the City, when in the opinion of the Council the case is exceptional, may make contracts on terms other than pro- vided herein; provided, however, that no contract between the City and any Later Participating Agency under the pro- visions of this Section 23 shall create obligations on or commitments for capacity in excess of the actual capacity available as described on Exhibits "A" and "A"(1). Section 24. Special Terms for The Participating Agency to Meet its Special Problems. City and The Participating Agency acknowledge an agreement concerning the construction of a sewage treatment plant and appurtenances and the use thereof, dated January 14, 1942, an amendment thereto dated June 12, 1951, an agreement providing for the transportation of sewage, and an amendment dated May 6, 1952, all filed 37. (N.C.) Rev. 1-20-61 in the office of the City Clerk of the City of San Diego bearing,respectively, Document Nos. 335438, 435340, 435339 and 449111, executed by the City of National City and by the City of San Diego, regulat- ing the transportation, treatment and disposal of sewage by and between City and The Participating Agency, and agree that the terms, covenants and conditions of said agreement and amendments thereto relating to the transportation of sewage by and between said parties, other than in The Metropolitan Sewerage System, shall be and remain in effect. The terms, covenants and conditions of the Sewage Disposal Agreement of 1960, relating to the collection, transmis- sion, treatment and disposal of sewage in The Metropolitan Sewerage System including (but not limited to) payments for annual service charge for capacity and M & 0 expenses, shall supersede and replace any terms, cove- nants and conditions of said agreement and amendments thereto in conflict herewith. 37a. (N.C.) Rev. 1-18-61 Section 25. 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 accord- ance 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 ap- pointed, one by the City, one by The Participating Agency, and the third by the first two. The party desiring arbitration shall notify the other party by a written notice stating the following: (1) that it desires arbitration, (2) the controversy to be arbitrated, (3) that it has appointed its nominee, and (4) 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. Within fifteen (15) days after the last party has appointed its nominee the two nom- inees shall appoint the third. None of the arbi- trators shall be a resident of, or taxpayer in, or own property in, or 38. 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 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 opportunity to be heard and to present evidence. Upon conclusion of the hearing or hearings the arbitration board shall reduce their findings of fact, conclusions of law and the 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. 39. This section and its procedure shall apply also to controversies between two or more Participating Agencies arising out of the inter- pretation or application of this agreement or the refusal of either Participating Agency to perform the whole or any part thereof. In such case the board of arbitrators shall consist of one member appointed by each Participating Agency which is a party to such controversy and one member appointed by the City. All arbitrators shall be disinterested as above set forth. The parties to any arbitration proceeding held under the provisions of this contract or con- tracts between the City and other Participating Agencies shall notify every Participating Agency not a party thereto of such arbitration proceedings and any Participating Agency which is not a party to the arbitration shall have the right to be rep- resented at such proceedings by an observer desig- nated by such Agency. Any controversy which can be determined by an engineer's findings and which under this sec- tion could be submitted to arbitration may, if the parties thereto agree in writing to do so, be 40. submitted to a named engineer who shall be the sc':P arbitrator. Such engineer shall be a member of the American Society of Civil Engineers and shall be disinterested as hereinbefore in this section re- quired of arbitrators on an arbitration board. He shall proceed in the same manner and shall make findings, conclusions and an award in the manner provided herein for an arbitration board. Rev.9-30-60 Section 26. Option to Extend. In the event The Participating Agency is not in default under this agree- ment it may, at its option, extend such agreement for a period of ten (10) years upon the same terms and conditions as are herein set forth. Such option to extend must be exercised in writing by The Parti- cipating Agency not earlier than eighteen (18) months and not later than one (1) year prior to the expiration of the term of this agreement, and The Participating Agency shall have the same capacity service during such extended term as it had at the expiration of the original term of this agreement. Section 27. Contract - Termina- tion for Cause. If one-half or more of the principal amount of the sewer revenue bonds mentioned in 42. Rev. 12-2-60 Section 3 hereof is not sold by City before October 1, 1961, then on October 1, 1961 this contract shall become null and void and all rights and duties hereunder shall be deemed cancelled and annulled. If The Metropolitan Sewerage System has not commenced operation as defined in Section 5 by February 1, 1966, except as provided in Section 30, this agreement shall become null and void and all rights and duties hereunder shall be deemed cancelled and annulled unless extended by agreement of the parties hereto. Section 28. Reclamation of Water, Use of Digested Sludge. At any time during the term of this agreement or any extension thereof, City, at its own expense, may and shall have the right to reclaim water from any sewage in The Metropolitan Sewerage System and to install at any place or places in 43. Rev. 12-2-60 such System works or facilities for the reclamation of water from sewage. The cost of such reclamation of water shall be the sole expense of City, but The Participating Agency shall remain liable for its portion of M & 0 expenses (including primary sewage treatment and disposal), which cost shall continue to be determined as hereinbefore provided in this agreement. In the event the water reclamation facilities are placed at some point on The Metro- politan Sewerage System other than the treatment plant constructed as a part of The Metropolitan Sewerage System, The Participating Agency shall continue to pay its portion of M & 0 expenses (includ- ing primary sewage treatment and disposal) computed, however, on the volume of sewage measured at the point or points of intake of such sewage from The Participating Agency plus estimated inflow from leakage. Any water reclaimed by the City from any sewage in The Metropolitan Sewerage System shall be the property of the City. The construction and operation of water reclamation facilities under the provisions of this section shall neither reduce nor increase the annual service charge of The Participat- ing Agency. At any time during the term of this agreement 144 • or any extension thereof, City or any Participating Agency, each at its own expense, may and shall have the right to remove digested sludge from the treat- ment plant for use as a fertilizer material for development of public property within its respective boundaries. Should the quantities of digested sludge available for use under the provisions of this paragraph be inadequate to supply the requests of City and any or all of The Participating Agencies, City and each Participating Agency shall be entitled to that portion of the available quantity of digested sludge determined by the proportion which the capacity of each Participating Agency and of the City bears to the total designed capacity of The Metropolitan Sewerage System. Neither City nor any Participating Agency shall have the right to permit any other person, firm, corporation or other public agency of any kind or nature to use the digested sludge unless there exists a surplus of such digested sludge over the requirements of City and all Parti- cipating Agencies under the provisions of this paragraph. The removal of digested sludge for use as a fertilizer material under conditions and methods prescribed by City shall be under conditions which will not detrimentally affect the operation of the 45. Rev. treatment plant. Nothing in this paragraph shall prohibit the disposition of digested sludge by City as part of the operation of the sewage treatment plant in the event that City or Participating Agencies do not utilize all of the sludge under the provisions of this paragraph. Section 29. Time of Essence. Time is of the essence of this agreement. Section 30. War and Other Contingencies. If the City is prevented from completing the construction of The Metropolitan Sewerage System within the required time, or any further time to which the parties may have agreed, by reason of war, declaration of a state of national emergency, the imposition of restrictions upon the procurement of essential materials, strike, vis major or any other cause beyond the control of the City, then and in that event, the fulfillment of the terms of this agreement, and the obligations of the parties here- under, shall be merely deferred until such time as it is possible for the City to complete said System with- out said causes of interference, but not more than ten (10) years from the date hereof. Rev. 10-24-60 Section 31. Severability. If any section, subsection, sen- tence, clause, phrase or word of this agree- ment, or the application thereof, to either party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the agreement or the applica- tion of such provision to the other party, or to any other persons or circumstance shall not be affected thereby. Each party hereby declares that it would have entered into this agreement and each section, sub- section, sentence, clause,phrase and word thereof irrespective of the fact that one or more section, subsection, sentence, clause, phrase or word, or the application thereof to either party or any other person or circum- stance be held invalid. Section 32. Date of Agreement. The date of this agreement is March 1, 1961. Rev. 1-18-61 47. IN WITNESS WHEREOF, The Participating Agency has caused this instrument to be executed by its respective officials, pursuant to Resolution No. adopted by its governing body, and this instrument is executed by The City of San Diego, acting by and through its City Manager, pursuant to Resolution No. Date of Signing: authorizing such execution. THE CITY OF SALT 0 ,19 By Approved as to Form and Legality this day of ,19 City Manager City Attorney of The City of San Diego, California Date of Signing: THE CITY OF NATIONAL CITY (The Participating Agency) ,19 Approved as to Form and Legality this Day of ,19 By Mayor Attested: City Clerk of the City of National City, California City Attorney of the City of National City, California 48. (N.C.) Rev. 12-22-60 4 • S�N�R O JHPAFG•. e' 17 R PAC/F/C .54N D/fGO N. / /NV MT LOMA Aimee/T. MGANT OCEAN N s000 GRAPHIC SCAL y000 WOO .010 /NPER/AL BEACH TRUNK PrE2[YOH� LA MESA ,4404101 LTZJc \��yQ6// .SAN DIEGO In/�/nolien��� MEXICO SFNE¢ DEJ/GNq �/ON Q 0 0 1 O O O 0 997 OPT 007 /T06 JO.6 /+tb Y/6 9 3/Z9 3//9 3/L9 3//9 W' R NA2 kYR M /Nf1 TUNNEL ar lE �BfE N.P/N EL Es, EJ/ TU NEL u 0 Q teal 90 rus -LEQEND TRONN HEAVENS E//ST/NC TO LE O(//CT OY C/TY TO OE LN/LT OY OTNEKT • /NTERCEPTON -SEWERS NNNN� ACV/VT OF QNSCNAFOE /NTO METEOP7L/TAN SEMEN CE JTJTEN NOTES: 4 I OESIGXCPRCBIEHSCINCILAi ECTN.0ITASUCNSIGRREWTREO? YOOENX SURVEYS HAS ]. T E HETPOPOL ITAN BEVERAGE SYSTEM NI LL NOT BE TY WHt TE A RTCPAY GPAE NCYTO UITTR ESGTGAY NUT YES CITY WITH THE PARTICIPATING AGENCY, AND OTHER PARTICIPATING AGENCIES, . UNDER THE AGREEMENT 0(WNICN THIS EXHIBIT .A. IS A PART. HILLCCISCNABGE SEWAEETINTO, TEE OEETROPOLITANNSEARRAGE YSTENVTNGOOGNAEIIpSTINGTRICT TRUNK SEWERS OE TOE CITY Of SAN SIEGE. EXHIBIT A" PLAT SHOWING THE PROPOSED SAN D/ECO METROPOLITAN JEME PACE SYSTEM AND PART/EN:NT/AIG AREAS CITY OP SAAN DIEGO •••a 19T L wa.,. 4TOO8 74,674m/wk. 21.101/4. 991T- D 4 r Exhibit "A"(I) SAN DIEGO METROPOLITAN SEWERAGE SYSTEM The proposed San Diego Metropolitan Sewerage System consists of an interceptor sewer, two pump stations, a treatment plant, and an ocean outfall. The interceptor sewer is a two branch sewer, the main branch starting at 19th Street and Coronado Avenue in the South Bay area, and continuing in a NW'ly direction along the east side of the bay to the treatment plant on Point Loma. The north branch of the interceptor starts at the San Diego River, and continues along the east side of Point Loma to its intersection with the main branch. One pump station will be located in the vicinity of the existing treatment plant north of the north line of National City. The other pump station will be located on Harbor Drive at the intersection of both branch- es west of Lindbergh Field. The treatment Plant will be located in Fort Rosecrans on the west side and near the tip of Point Loma. An ocean outfall with diffuser will discharge effluent into the ocean. NOTE: For the purpose of clarity the symbols in the margins of this description refer to the table and map shown on Plat designated Exhibit "A". MAIN INTERCEPTOR - DETAILED DESCRIPTION The main interceptor will start in the South San Diego area at 19th Street and Coronado Avenue as a 51" reinforced concrete pipe. At that point, • (I) it will receive the discharge from the proposed 60" Tia Juana Valley Trunk and the proposed 24" trunk from Imperial Beach. The interceptor will run north up 19th Street with a 51" pipe, Q = 80.7 cfs, to a point between Elm and Donaz Street. It will then continue (2) north up 19th Street with a 57" pipe, Q = 80.7 cfs to the north line of Palm Avenue. The interceptor will then run north in 19th Street with 72" pipe, Q = 80.7 cfs, to Charles Avenue, thence NE'ly about 1100' to the Swiss Club (3) with 72" pipe, Q = 80.7 cfs. At this point it intercepts the proposed Otay 36" Trunk and con- tinues Northerly into Bay Boulevard along the east side of the Coronado Branch of the S.D. & A.E. R.R. with 90" pipe, Q = 120.6 cfs; thence crosses to the (4) west side of the R.R. south of "L" Street and continues northerly to "J" Street in Chula Vista where the proposed 36" Telegraph Canyon Trunk Sewer is inter- cepted. Thence, continuing N'ly along the west side of the R.R. with a 96" pipe, Q = 138.6 cfs, it runs to "G" Street where it intercepts a 21" Trunk • (5) from Chula Vista. From this point, it continues N'ly with 96" pipe, Q = 142.8 cfs, to "D" Street; then NE'ly to the east side of the main line of the S.D. & A.E. • (6) R.R. and then N'ly to the Sweetwater River where it intercepts a proposed 54" Sweetwater Trunk. It continues N'ly along the east side of the R. R. with 102" pipe, Q = 198.1 cfs, to 24th Street in National City where it intercepts a propos- (7) ed 36" connection to the National City Trunk Sewer. From there it runs N'ly up Wilson Avenue with 108" pipe, Q = 216.9 (8) cfs, to 7th Street in National City where it intercepts a proposed 24" con- nection. (9) (10) Thence, crossing to the west side of the main branch of the S.D. & A.E. R.R. and NW'ly with 108" pipe, Q = 217.9 cfs, it continues to the pro- posed Pump Station No. I located about 200' NW'ly of the National City boundary. At this point the line intercepts San Diego Trunk Sewer carrying sewage from Lemon Grove and La Mesa and the discharge from San Diego's ex- isting treatment plant, which includes sewage from Coronado. The line con- tinues NE'ly with two parallel pressure mains, one 54" and one 66", Q = 311.9 cfs, along the R.R. right-of-way to 27th Street; thence N'ly up 27th Street to Boston Avenue; thence W'ly along Boston Avenue to 26th Street; thence N'ly along 26th Street to Newton Avenue. The line then continues NW'ly along New- ton Avenue to a point between Sicard Street and Sampson Street. Exhibit "A"(I) s (II) There it discharges into a 90" gravity line, Q = 311.9; thence continuing along Newton Avenue to Crosby Street; thence NE'ly along Crosby Street to National Avenue; thence Wily along National Avenue to Beardsley Street; thence NE'ly along Beardsley Street to Logan Avenue; thence NW'ly along Logan Avenue to Sigsbee Street; thence NE'ly along Sigsbee Street to 19th Street; thence N'ly along 19th Street to a point approximately 100' north of Commercial Street where it enters a tunnel. The line thru the tunnel is 90" pipe, Q = 311.9 cfs. The tunnel (12) swings in a 90° arc to the west and ends in "L" Street approximately 30' west of 17th Street. The 90" line continues west in "L" Street to 16th Street; thence northerly up 16th Street to Island Avenue; thence westerly in Island Avenue (13) to 14th Street; thence northerly in 14th Street to a tunnel portal just south of Market Street. The tunnel is 96" pipe, Q = 311.9 cfs, and continues NE'ly to 8th Avenue and "A" Street; thence westerly to India Street and Beech Street; (14) thence W'ly along Beech Street to a tunnel portal just west of Pacific High- way. At this point, the line increases in size to a 120" Q = 311.9 cfs, and continues W'ly across the Civic Center parking lot to Harbor Drive; (15) thence N'ly on Harbor Drive to Grape Street where it intercepts a proposed 42" connection to the Pacific Highway Trunk Sewer. The line continues along Harbor Drive with 126" pipe, Q = 336.8 (16) cfs, to pump Station No. 2 located approximately 700' west of the west line of Lindbergh Field. At this point the North interceptor, a 96" line, Q = 226.6 cfs, is intercepted. From the pump station the line crosses Harbor Drive to the S'ly side and continues Wily along Harbor Drive with two parallel pressure mains, one 72" and one 87", Q = 551 cfs, to Scott Street; thence S'ly along (17) Scott Street to Talbot Street; thence W'ly along Talbot Street to Rosecrans Street; thence S'ly along Rosecrans Street to Nickols Street; thence W'ly along Nichols Street to San Elijo Street; thence S'ly in San Elijo Street to Kellogg Street; thence Wily along Kellogg Street to San Gorgonio Street; thence SW'ly to a transition structure near a tunnel portal just west of San Gorgonio Street. The double force main changes at the transition structure to a (18) gravity 120" dia. pipe, Q = 551 cfs. The line continues SW'Iy thru a 120" inside dia. tunnel for ap- (19) proximately 4,250' under Point Loma to a tunnel portal just south of a pistol range on ';Woodward Road. The line then runs S'ly along the coast for approximately 1-102 4 (20) miles as a 120" pipe, Q = 551 cfs, to the proposed Treatment Plant site. Exhibit "A"(I) o NORTH INTERCEPTOR - DETAILED DESCRIPTION The North Interceptor starts in the South side of the San Diego River, just west of Highway 101 bridge, as a 90" line, Q = 208.7 cfs. The interceptor receives the discharge from the 60" Pacific High- way trunk, the 72" North Mission Valley Trunk and the 30" South Mission (21) Valley Trunk. It runs SW'ly from this point along Fleet Street to Con- gress Street; then jogs SE'ly to the NE'ly prolongation of Sherman Street; thence SE'ly across private property and along Sherman Street to Kurtz Street; thence S'ly across City Housing property to Frontier Street and an intersection with the existing 27" West Point Loma Trunk Sewer. The line continues S'ly with 96" pipe, Q = 213.3 cfs, into Liberator Street and then angles thru the housing project to Midway Drive and Riley Street; thence SE'ly along Riley Street across Cauby Street to the dead end of Michaelmuss Terrace; thence SE'ly across pri- (22) vate property to the SE'ly side of Rosecrans Street; thence S'ly along Rosecrans Street to Sellers Drive; thence E'ly along Sellers Drive for approximately 200'; thence S'ly across Bradman Drive to Gearing Drive at Cole Street where it intercepts the 30" Point Loma Trunk Sewer. The interceptor continues S'ly down Gearing Drive with a 96" pipe, Q = 226.6 cfs, to Barnett Avenue; thence S'ly across the Marine (23) Base property to Neville Road and Guadalcanal Avenue; thence S'ly down Neville Road to Porto Rico Street; thence S'ly along a line parallel to and approximately 700' west of the west line of Lindbergh field to Pump Station No. 2. CCEAN OUTFALL The ocean outfall extends Wily into the ocean from the treat- ment plant site and consists of 13,000' of 102" pipe with two 1,800' branches at the westerly end. The various Q's or pipe capacities stated in this report are the capacity of the pipe when flowing 3/4 full. RAC/MB:ea 10-18-60 Exhibit "A"(I) THE CITY OF SAN DIEGO, CALIFORNIA EXHIBIT "B" (a) STATEMENT OF ESTIMATED TOTAL COST AND EXPENSE OF THE ACQUISITION AND CONSTRUCTION OF THE METROPOLITAN SEWERAGE SYSTEM, AS SHOWN ON EXHIBIT 'A` Schedule Number Engineering Expenses $ 3,549,000 I Rights of Way and Land Acquisition 467,000 2 Construction Costs 44,250 000 3 Miscellaneous and General Expenses 228,000 4 Interest During Construction 2,506,000 5 Total Estimated Costs $ 51,000,000 Interest Based on Total Cost Amortized Over 40 Years $ 55,933,511 Total Estimated Costs and Expense Based on Amortization over ..O Years $106,933,511 Annual Estimated Costs and Expense Amortized Over 40 Years $ 2,673 338 Prepared by Office of Operations 7/14/60 RAC:fe • • THE CITY OF SAN DIEGO, CALIFORNIA SCHEDULES FOR EXHIBIT "B" (a) SCHEDULE 1 Enaineerina Expenses Designs and Surveys Construction and Supervision Inspection 8 Engineering Durinc: Construction 1980 Additions SCHEDULE 2 Rights of Way and Land Aco isi ions Rights of Way Land - Plant Site, Point Loma Site Appraisal, Point Loma Access Road, Point Loma SCHEDULE 3 Construction Costs Treatment Pant Original Facilities 1980 Additions Interceptor Sewer Pump Stations Number I $ 1,520, 000 Number 2 3,100,000 1980 Additions Outfall Sludge Disposal System SCHEDULE 4 Miscellaneous and General Expenses $ 2,220,000 93,450 887,550 348,000 $ 250, 500 155,000 1,500 60,000 $ 5,696,000 1,755,000 24, 200, 000 4,620,000 1,719,000 5,920,000 3:0,000 Financial Expense - Blyth & Company $ 80,000 Legal Expense - O'Melveny & Myers 26,000 Contingencies 122,000 SCHEDULE 5 Interest Durino Construction (Interest on expenditures for Costs at same rate as Revenue Bond Issue Assumed 4-1/4) $ 3, 549, 000 $ 467,000 $44, 250, 000 $ 228,000 $ 2,506,000 Total Estimated Cost $51,000.000 RAC:ea Revised 10-18-60 THE CITY OF SAN DIEGO, CALIFORNIA EXHIBIT "B" (b) STATEMENT OF PROPORTIONS OF ESTIMATED TOTAL COST AND EXPENSE CF THE ACQUISITION AND CONSTRUCTION OF THE METROPOLITAN SEWERAGE SYSTEM, OF THE VARIOUS PARTICIPATING AGENCIES Participating Agencies City of Chula Vista City of Coronado City of El Cajon City of Imperial Beach City of La Mesa City of National City Lemon Grove Sanitation District Rolando Sanitation District Spring Valley Sanitation District Total Capacity Service Proportions of the Other Participating Agencies The City of San Diego Total Designed Capacity and Cost and Expense CAPACITY SERVICE PROPORTIONS Million Percentage Gallons of Total Annual a Dav Total Amount Amount 26.20 11.20041% $ 11,976,991 $ 299,425 3.00 1.28249 1,371,412 34,285 10.00 4.27497 4,571,376 114,284 3.00 1.28249 1,371,412 34,285 6.00 2.56498 2,742,823 68,571 8.00 3.41997 3,657,094 91,427 2.80 1.19699 1,279,983 32,000 .30 .12825 137,142 3,429 6.00 2.56498 2.742,82.3 68,571 65.30 27.91553% $ 29, 851, 056 $ 746,277 168.62 72.08447 $ 77,082.455 $1,927,061 233.92 100.00000% $106,933,511 $2,673,338 Note: Except as to the "Participating Agency" with whom this contract is made, the Capacity Service Pro- portions are approximate only. Prepared by Office of Operations 1/19/61 RAC/MB:fe