HomeMy WebLinkAboutReso 148-1981 RESOLUTION NO. 148-81
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF
AN AGREEMENT WITH THE TOWN OF COLMA
( SEWER AGREEMENT)
that:
BE IT RESOLVED by the City Council of the City of South San Prancisco
1. Execution of Agreement.
Execution of an Agreement entitled "Colma South San Francisco
Sewer Agreement" between the City of South San Francisco and the Town of
Colma is hereby authorized, and a copy of said Agreement is attached hereto
as Exhibit "A."
2. Signatures.
The City Manager is authOrized to execute said Agreement on behalf
of the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regulary intro-
duced and adopted by the City Council of the City of South San Francisco at
a regular meeting held on the 2nd day of December , 1981.,
by the following vote:
AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Roberta Cerri Teglia
NOES: None
ABSENT: None
EXHIBIT "A" TO RESOLUTION NO. 148-81
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COLMA SOUTH SAN FRANCISCO
SEWER AGREE~ENT
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THIS AGREEMENT, made and entered into 'this 2nd day of
December , 1981, by and between the city of South San Francisco,
a municipal corporation, hereinafter called "City," and the TOwn
of Colma, a municipal corporation, hereinafter called "Colma";
W I T N E S S E T H:
This agreement is predicated upon the following facts:
(a) City operates and maintains sewage collection,
treatment, and disposal systems to provide for the collection,
treatment and disposal of sanitary sewage within its· limits;
· (b) Colma desires to discharge sewage collected in Colma
into the sewage system of City and agree with City for
transmission, treatment, and disposition of said sewage through
City's sewage system;
(c) City and the City of San Bruno have entered into a
joint disposal agreement, pursuant to which the sewage .generated
within each of the said cities is treated and disposed of, which
agreement requires approval by the City of San Bruno, by
resolution, of service to any area outside City;
(d) The City of San Bruno by resolution has consented to
City serving Colma as' described in this agreement;
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(e) City and Colma have determined that Colma's flow shall
have a maximum flow of 450,000 gallons per day to the City
system.
(f) City will be required to replace the existing sanitary
sewer trunk line along Colma Creek between the point at Mission
Road and Evergreen and San Mateo Pump Station; and Colma is
willing to pay the cost of the project as hereinafter set forth;
(g) City is willing to transmit, treat, and dispose of
sewage collected by Colma from users located in Colma, City's
said sewer and treatment obligation under this agreement being
limited to serve the quality and quantity as hereinafter set
forth;
(h) The public interest, convenience, and necessity will be
served thereby.
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NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
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COLMA COVENANTS ~ND CONDITIONS
For and in consideration of the covenants and conditions to
be kept and performed by City,~ as set forth in this agreement,
Colma agrees as follows:
1.
Designa{ion of City Limits of Colma for
Service and Quantity Limitation:
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Colma shall collect sanitary sewage for transmission to
City's system only from residential and commercial users 'situated
in and originating sewage within Colma, and shall limit the
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quantity of transmission to City's system from said areas as
follows: A maximum flow including infiltration of four hundred
fifty thousand (450,000) gallons per day. The collection and
transmission to City's.system of any industrial wastes and
sewage, as defined in related ordinances of City, is prohibited ~
unless a permit to do so is granted to the user by City's
Superintendent of Sanitation. Such permits shall be granted or
denied to Colma users on the same basis as City users.
Colma shall install and maintain or cause'installation
and maintenance of the lines leading from Colma's system to
City's system and the connection to City's system at Colma's cost
and expense, and shall furnish City's Director of Public services
a copy of the as-built plans of said connection upon completion
of the installation.
There is presently tied into the Colma Sewer.System the
sewer system of that certain 170-unit apartment complex located
in the County of San Mateo, known as Village Serramonte. Colma
shall, be allowed to continue to provide sewer service to Village
Serramonte, at Colma's sole discretion, under the terms of this
agreement; provided, however, that the peak flow quantity from
Colma and Village Serramonte combined does not exceed the maximum
provided for in this paragraph I 1.
2. Quality and Velocity:
Colma shall deliver sewage of such quality and at such
velocity that it may be carried through City's system by gravity
and not adversely affect the capacity~ of City's system to receive
and transport sewage from City's areas. In this regard, Colma
shall deliver to City's system sewage to the quality standards
set forth in the scheduie or modifications thereof prescribed by
related ordinances of City or by amendments to this agreement.
Colm~ shall, at its cost and expense, install or cause the
installation of all facilities (including pumps and pre-treatment
facilities) necessary to maintain said quality of sewage. Colma
shall use the necessary monitoring devices or facilities neces-
sary to periodically monitor the flow of sewage through said
connection into City's system for the purpose of assuring com-
pliance with the provisions of this paragraph should City so
require.
SCHEDULE OF QUALITY STANDARDS
A. Suspended Solids and'Grease: ~
Suspended solids - less than 178 milligrams per liter.
Oil and grease - less than 100 milligrams per liter.
B. Chemical Oxygen Demand of less than 403 milligrams per
liter.
C. Temperatures:
Vapors and liquids shall have temperatures less than
150" Fahrenheit (approximately 65.5" Centigrade).
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D~
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Fo
Go
Ho
Flammable and Explosive'Material:
The sewage shall be free of any gasoline, benzene,
naphtha, fuel oil or other flammable or explosive
liquid, solid or qas.
Sand, Cement and Other Materials:
None of the following material shall be transmitted by
Colma to City's system: sand, cement, cinders, ashes,
metal, 'glass or other heavy solids; straw, shavings,
animal hair, featherS~' paunch manure or other fibrous
material; tar, asphalt, resins, plastics or other
viscous substance; or any other matter of such nature.
as to obstruct the flow in sewers or to cause other
interference with the proper operaton of the sewage
works.
pH Characteristic:
The sewage shall have a pH characteristic of not-less
than 5.5 or more than 10.5.
Radio-Active Waste:
The sewage shall be free of radio-active waste.
Dissolved Sulfides
Dissolved sulfides shall be less than one milligram per
liter.
Material from Mechanical Garbage Grinders, Poisonous and
Toxic Substances and Noxious Substances:
Transmission of sewage containing material from
mechanical garbage grinders, potsonous and toxic
substances and noxious substances shall meet the
quality standards set forth in the ordinances of City
or any modifications Prescribed by.related ordinances
or amendments to this a]reement.
3. Connection Charges:
Colma shall collect connection charges for new sewer
connections to City's system in an amount equal to the collection
charge that would be charged a user of City under City's ordin-
ances in effect at the time of connection. No connection charge
will be made for Colma users now connected to City's system or
who are now connected to the system of North County Sanitation
District, and later connect to city's system. ~.
4. Service Ch. arges:
Colma shall pay City service charges for users (dis-
chargers) in the same amount that would be charged City users
under the ordinances of City providing fOr sewer service charges
in effect July 1st of each fiscal year. If a user (discharger)~
is connected to the system after July 1 of any fiscal year, the
annual rate shall be prorated. City agrees ~to notify Colma, in
writing, of any increases in sewer service charges on or before
April 1, immediately prior to· the fiscal year in which such
increase takes effect.
5. Charges, Time of Payment and Review:
Payments pursuant to Paragraph 3 above shall be made to
City within sixty (60') days after installation of the connection
or thirty (30) days after collection of the connection charge in
said area by Colma should said collection occur prior to~ said
sixtieth (60th) day.
Payments made pursuant to Paragraph 4 above shall be
made to City on August 1 of each year during the term of this
agreement or extensions thereof and such payments shall be for
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the fiscal year ending June 30. Colma shall furnish with said
payment a report showing the following information related to
each user and the sewer rental charge collected: Assessor's
parcel number, property owner; classification of use per City
Ordinance 396, as ~ended; name of business; address of business,
California Water Service Company or San Francisco Water
Department 'account nu~er as applicable; total water meter
reading for~the year in h.c.f.; and the sewer rental charge
Calculated. ~.
6. Payment to City' and Replacement of Trunk Line:
Colma agrees to pay City, in the manner hereinafter set
forth, the sum of $1,268,000, which City will apply to the cost
of replaCing the existing sanitary sewer trunk line along Colma
Creek between the point at Mission Road and Evergreen and the San
Mateo Pump Station (hereinafter referred to as "Trunk Line
Project".) Colma will prepare all necessary engineering design
and field surveys, for design and during construction for the
Trunk Line Project at Colma's cost. This cost will be separate
and apart from the $1,268,000 discussed herein. Engineering
plans will be subject to City's approval and trunk line sizes
shall be as determine~ by the CH2M Hill Sewer Master Plan dated
April 1980. Upon execution of this agreement, Colma will deposit
the sum of $1,268,000 in a special account for payment to City of
construction costs as incurred by City. Payments from said
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special account shall be made by Colma to City within five days
of request therefor by City's Director of Public Works. If the
cost of the trunk line project is less than $~,268,000, the
balance remaining in the special account shall be released to
Colma. If such cost exceeds $1,268,000, Colma agrees to pay such
additional cost, as it is incurred by City. This additional
cost, if any, will be paid by Colma immediately and City shall
not be required to bear any of this additional expense on either
a temporary or permanent basis.
The new trunk line within the boundaries of City will
be the property of City and will be maintained by City. Meters
will be installed at the City's limits to monitor the quantity
and quality of the flow. Maintenance cost of the said meters
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installed at the City's limits will be borne by Colma.
7. Effect of Other Services or .Boundary Changes_:
Notwithstanding any other agreements between Colma and
other sewer service entities, and notwithstanding any changes in
Colma's boundaries, the peak flow quantity provided for in para-
graph I. 1 above shall not be increased nor decreased, except Upon
modification of this agreement as provided in paragraph IIi.4
below.
8. Indemnity:
Colma shall hold city and its officers, agents and
employees harmless from and indemnify each and all of them
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against all claims, .loss of liability for damages to third
persons caused by Colma's construction, installation, maintenance
and operation of Colma's facilities and connections thereof to
City's facilities and shall reimburse City, its officers, agents
and employees for all damages, costs and expenses caused to City
or them by Colma's construction, installation, maintenance and
operation of said facilities and said connection to City's
facilities. Colma shall defend any and all of said claims and
suits at Colma's expense. "
9. Compliance with Laws:
Colma shall construct, install, maintain, operate,
modify and repair Colma's facilities and connection to City's
facilities so as to comply with the applicable laws, regulations
and requirements of City relative to the quantity, quality and
velocity of sewage discharged into the system.
10. Notice of Changes:.
Colma shall give not less than 90 days notice to citY
insofar as possible of any material changes proposed in volume or
characteristic of sewage to be transmitted, treated and disposed
of by City pursuant to the terms of this agreement.
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CITY'S COVENANTS AND CONDITIONS
For and in consideration of the covenants and conditions to
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be kept and performed by Colma as set forth in this agreement,
City agrees as follows:
1. Receipt and Transmission of Sewage
Through City'As System; Term:
City shall receive, at the points of connections des-
cribed on the plan entitled "Construction Plan, Mission Road
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Sanitary Sewer, Colma, California" which is on file in the office
of the City Clerk, and such other points of connections as the
parties shall agree, sewage in the quantity, quality and velocity
as heretofore s~et forth in Colma's covena~ts and conditions' and
transmit Said sewage through City's transmission lines and treat
and dispose of same through City's treatment and disposal works
for a term of Forty-nine (49) years, or for the life of City's
present sewage disposal plant, whichever is the later. This
agreement shall thereafter remain in effect on a year-to-year
basis until such time as either of the parties hereto terminates
%he agreement. Notice of said temination shall be in writing and
shall be served by the termination party at least one (1) year in
advance of the date of actual termination.
2. Providing Dis,~osal Service: Exceptions:
City shall use reasonable diligence to provide regular
and uninterrupted service through City's transmission lines and
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treatment and disposal works except that City shall not be liable
for damages, breach of contract, or otherwise to Colma for
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failure, suspension, diminution, or other variations of service
occasioned or in consequence of any cause beyond the control of
City, including but not limited to acts of God. or of the public
enemy, fires, floods, earthquakes or other catastrophic-s, or
strikes.
3. Standards:
City shall impose during the term of ~this contract the
standards of requirements with respect to the quantity, quality
and velocity of sewage discharges into the system by Colma as
required by present City ordinances and regulations and
amendments thereto or as required by Federal or State laws or
rules and regulations and governmental agencies, other than City,
having jurisdiction over the quality of discharges into public
disposal systems. City shall provide Colma with written notice
of any changes or amendments to any ordinances or regulations of
City which affect this agreement.
III
MUTUAL COVENANTS A~ND CONDITIONS
It .is mutually agreed that:
1. Violation by Either Party:
If either party shall violate any of the provisions
hereof, the other party may serve a written demand that said~
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breach be remedied. If such breach is of a kind remediable by
the party giving such notice, it may remedy same at the expense
of the other party upon the expiration of sixty (60) days after
the giving of said notice; performance and Or acceptance of
remedial work by the party who has given notice of breach shall
not constitute a waiver of damages or other proceedings provided
by law.
2. Notice of Termination:
Notice required to be given to City shall..be addressed
as follows
City Clerk
City of South San Francisco
400 Grand Avenue
P. O. Box. 711
Sou~% San Francisco, CA 94080
Notice required to be given to Colma shall be addressed
as follows:
City Clerk
Town of Colma
235 E1 Camino Real
Colma, CA 94014
~3. Modification:
This agreement may, from time to time, be changed,
al~=~=s_~__~, supplemented, or terminated by and with the consent of
the parties herto by resolution of their respective bodies upon
written request of the governing body of each of the parties
hereto, subject, however, to any conditions imposed by the Joint
Sewage Disposal Agreement between City and the City of San Bruno.
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4. Pavmen% of Funds to be Credited to City of San Bruno:
Colma, at the time of connection to sewage system of
City, shall pay to City the sum of $230,700. Said sum shall be
placed in an interest bearing fund earning interest at rates
comparable to similar investments by City. City shall use such
fund as a credit to the City of San Bruno against the share of
future capital expenditures in connection with said system '~
attribUtable to the City of San Bruno. City of San Bruno is
hereby designated a third party beneficiary to this section of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement
the day and year first above written.
ATTEST:
/s/Barbara A. Battaya
City Clerk
CITY OF SOUTH SAN FRANCISCO
a municipal corporation
By /s/C. Walter' Birkel0
City Manager
ATTEST:
/s/Frances Liston
city Clerk
TOWN OF COLMA,
a municipal corporation
By /s/Charles Gerrans
Vi ce- Mayor
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RESOLUTION CONSENTING TO CO~
SOUTH S~N FR~CISCO SEWER AG~EMENT
RESOLVED that the San Bruno city council hereby.
approves and. consents .to that' certain Agreement~ designated[
as "CO~IA SOUTH SAN FRANCISCO SEWER .AGREEMENT"· provide~
that said Agreement. 'i s '.modified 'by °the insertion of
Paragraph'5 to Part III (MUTUAL COVENANTS AND CONDITIoNs)
as follows:
5.
.A~ES:
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Pa'~en~ of F'~nds to be Credited to City of San Bruno'
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C61ma, at the time of connection to sewage' System
of 'city, shall pay to City the sum 'of -$2$0 ,~00. S~id
sum shall be placed in an interest bearing fund
earning interest at .rates' comparable to similar
investments by City. City shall use such fund as a
credit'.t.o...t~e City of San Bruno against the share
of.. future capital expenditure~'in-connection with
said system attributable to the City of San Bruno_
City'of San Bruno is hereby designated a third, party
beneficiary to thi~ section of this Agreement.
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I hereby certify that the foregoing
Resolution No. 1981- 101 was introduced
and adopted at a' regular meeting of the
San Bruno City Council· on .November 9'
1981, by the' -following rot'e:
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COUNCII~MEN DAWKINS ,~' PALLAS',' RICCI , SIMON; MAYOR MARSHALL
!qOES: COUNCILMEN NONE
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ABSENT: COUNCIL~4EN NONE
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I her~oy ~ '
c-~,,i~'7 this to be a ~ull, lrue and ccrr~r
~opy o~ lhe doc~men~ it p?rpo;'ls 1o be, ~h.~
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oriqinal of which i5 on file in~ rn'.' or,'~.:~.
Da : ...~ ..... ...: ...... ,
'.. , "~" lt l, . .
.... .1
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City Clerk ~f lhe City of San Bruno
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-CITY CLERK
RESOLUTION ~;O. 556
RESOLUTION APPROVING COLMA SOUTH
SAN FRANCISCO S~WER AGREEMENT
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WHEREAS, the City Council of the City of the Town of
Colma has reviewed a Sewer Agreement, by and between the Town of
Colma and the City of South San Francisco, a copy of which is
attached hereto; and
%~4EREAS, the City Council finds that it is in the best
interests of the Town of Colma to enter into said agreement with
the City of South San Francisco;
NOW, THEREFORE, the City Council of the City of the
Town of Colma does resolve as follows:
1. The agreement, a copy of which is attached hereto
and 'Dy this reference incorporated herein, be and hereby is
approved by the City Council of the City of the Town of Colma.
2. The Mayor shall be, and hereby is, authorized to
execute said agreement on behalf of the City of the Town of
Colma.
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I hereby certify that the foregoing resolution was duly
adopted by the City Council of the City of the Town of Colma at a
regular meeting held on November 24, 1981.
AYES: Councilmen Daneluz, Gerrans, and R. D. 0tt0b0ni
NOES:
ABSTAINED:
ABSENT:
NONE
NONE
Councilmen R. J. Ottoboni, MayOr Vallerga
/s/ Richard R. Vallerga
MAYOR
ATTEST:
/s/ Frances List0n
CITY CLERK
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