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HomeMy WebLinkAboutReso 487-1935A RESOZUTION 0F THE C IT~ COUNCIL 0F THE CITY 0F SOU~H SAN FRANCIBC0 AUTHORIZING THE EXECUTION 0~ ~; AGREEMENT BETWEEN THE 0ITY 0F SAN BRUNO AND THE CITT 0F SOU~t SAN E~ANCISC0 FOR TEE MAINTENANCE 0F THE TAN~0RAN AVENUE SEWER. WHEREAS Tanforan Avenue is a public street or highway lying wit~hin the corporate limits of the City of South San Francisco and the southerly boundary line of said Tanforan Avenue is the northerly bcunda~ry line.of a portion of the City of San Bruno; and WHEREAS a sewer was constructed in said ~snforan Avenue prior to the in- corporation of either said City of South San ~raucisco or said City of San Bruno. which sewer has, for many years, served the occupants of property in said City of Sari Bruno fronting upon said Tanforau Avenue, and has also served property in said City of South San Francisco fronting upon said Tauforau .Avenue; an~ WHEREAS the best interests of both said cities will be served by joint maintenance of said~sewer; RESOLVED by the City Council of the City of South San Francisco that said city enter into an agreement witch said City of San Bruno which shall provide as followw: 1. Said parties agree to Jointly keep and maintain said sewer in a good condition and to bear, in equal portions, all~ costs and~ e~penses incident to such ~ maintenance, excepting the costs and expenses of making, repairing, replacing and maintaining service connections during such time as such sewer shall be used by occupants of property in both said cities. The party causing or permitting any ser- vice connection to be made, repaired or replaced shall be responsible for the cowt of the same. ~ 2. When the time shall arrive when said sewer will become inadequate to serve the property of said City of San Bruno, bordering upon said Tanforan Avenue and all such industries as may hereafter exist upon property fronting upon the northerly boundary line of said Tanforan Avenue, said City of South San Francisco shall construct another sewer to be used exclusively for the industries which may then be, and there- after shall be located along said Tanforan Avenue in said City of South San Francisco. Upon the construction of such additional sewer by said City of South San ~ranCisco, the sewer now existing in said Tanforan Avenue shall be used exclusively by the occupants of property in said City of San Bruno fronting upon said Tanforan Avenue, and, from the time of the construction of such additional sewer by said City of South San ~ran- cisco, said City of San Bruno shall at all times bear the entire costs of repair, main- tenances and reconstruction of said existing sewer, and said City of South San Francisco shall thereupon be relieved from all liability under this agreement for maintenance and repair of said existing ~ewer. 3. Said City of San Bruno shall, at ail reasonable times, has access to said existing sewer and shall be permitted to cut any pavement which may hereafter be con- structed upon said Tanforan Avenue, when cutting the same may become necessary to gain access to said sewer. 4. Whenever said City of San Bruno shall cause or permit any excavation to be made in said Tanforan Avenue for the purpose of gaining assess te said sewer, or shall cause any obstruction to be made or placed in connection with any work which said City of San Bruno may do, or cause to be done in said Tanforan Avenue, or shall do or permit anything to be done in said Tanforan Avenue, as the result of which any person or prop- erty may become injured, said Ci~ty of San Bruno shall, at all times, hold and save said City of South San Frar~isco free and harmless from any and a~ll liability by r$on of~ any such action taken or permitted to be done by said City of San Bruno,~ ~. Whenever any excavation is made or permitted to be made by said City of San Br~no, and any pavement existing therein shall be cut, said City of San Bruno Shall, at its own expense, cause such pavement to be replaced in as good condition as that in which such pavement was at the time of the commencement of such excavation. 6. The terms "maintain" and "maintenance", as used herein, shall include the cost of cutting and replacing of any pavement and all such expenses as may be reason- ably necessary in making service connections to said sewer, and in connection with re- placing and repairing any portions of said sewer, as well as the construction of n~nholes, and the cleaning of said sewer. 7. As long as said existing sewer shall be used and maintained jointly under the provisions of this agreement, neither of the parties hereto shall be liable to the other for any dan~ges arising from any defects in said existing sewer, unless either of said parties shall be refused or neglected reran unreasonable length of time to cooperate with said other party in effecting any necessary repair to said existing sewer. 8. Wherever reference is made in this agreement to property fronting on Tan- reran Avenue, such reference is understood to mean and include all properties in either the City of South San Francisco or the City of San Bruno presently served by or sit~ated as to be conveniently served by the aforesaid sewer line in Tanforan Avenue. 9. It is agreed and understood that no repair, alteration, renewal, extension or maintenance expense which shall, in the aggregate, amount to more than One Hundred Dollars ($100.00~ at ~ny one time or more than Two Hundred ~ifty Dollars ($250.00~ in any one calendar year, when assumed or undertaken by either of said parties in connection with the maintenance, repair, alteration or renewal of said system, or any equipment used in connection therewith, shall be binding upon the other party so as to require its pro rata contribution to such expenses, unless such obligations or expenses shall have first received the assent and approval of the cit~ council of such other party by resolution in open meeting of said city council expressed;provided further, however, that neither party shall unreasonably withhold such ~-~pproval where the circumstances warrant or necessitate any such expense for the continued and uninterrupted operation of said sewer, 10. Nothing in this agreement contained shall permit the extension of the facilities of said sewer directly or indirectly to any area or areas not presently served or so located as to be conveniently and immediately served by said existing s ewer. 11. It is agreed and understood that the parties will mutually present their claims for contribution against each other for allowance in the ~sual manner of presentation of all claims against such parties, as a condition precedent to payment thereof. 12. In order to determine the ultimate capacity of said sewer, as referred to in Paragraph 2, hereof, it is agreed ~hat, upon occasion arising therefor, the respective city engineers of the parties hereto shall determine the same by agreement between themselves or, in the event of their inability to agree, by sel$cting some third qualified person to join with them in a determination of the question, such final decision to be binding upon both parties hereto. 1J. Each of the parties, by enaclEent and enforcement of local ordinances within their respective jurisdictions, agree to prevent the introduction into said sewer of ,any acid, fluid, or other substance deleterious to sewer pipe or concrete or materials used to connect portions of said sewer. Any damages or repairs arising from such cause shall be chargeable selely to the municipality in the territory of which said injurious matters h~ve been permitted to enter said sewer. ~ The Mayor of said City of South San ~rancisco and the City Clerk of said City are hereby authorized and directed, in its corporate name and under its cor- porate seal, to execute the agreement herein authorized, which agreement bears date the 2Jrd day of January, 193~, and has heretofore been executed in behalf of said City of San Bruno. -O-0'0-0 'O-0 '0-0 -0 '0-0 ' I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco this 4th day of March, 193~, by the following vote: Ayes, Councilmen V. Boido, R. Tibbetts, M. Minucciani, R. Lloyd No es, C ounci linen None Absent, Councilmen Attest: Daniel McSweeney. City Clerk (Seal~ By Elizabeth 0ttenfield, Deputy Clerk.