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HomeMy WebLinkAboutReso 965-1944R~SOLUTION N0. 965 ExhIBiT "A", JOINT SEWER AGREEMENT SAN BRUNO & SOUTH SAN FRANCISCO RESOLVED by the City Council of the City of South S~n Francisco that said City of South San Francisco enter into an agreement with the City of San BrUno, a municipaI corporation i~ the County of San Mateo, State of California, in the form of "Exhibit ~", attached hereto and made a part hereof. The Mayor and City Clerk of said City are hereby authorized and directed, in the name of said ~ity and under its seal, to execute the agreement herein authorized. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South .San Francisco this 3~Oth day of November, 1944, by the following vote: Ayes, Councilmen Noes, Gouncilmen Absent, Councilmen Victor Boido, Charles K. Elder, Ivan M. HayS, None None Geo. W. Holston, N. Minu cciani Attest: Daniel McSweeney SEAL City Clerk EXHIBIT "A" J~YN~ $~ER A~~ THIs AGRE~w~T, made this 29th day of November, 1944, betweauthe CITY OF SOUTH SAN FRANCISCO, A municipal corporation, the first party, and the CITY OF SAN BRUNO, a municipal corporation, the second party, WITNESSETH: WH~RE~S said parties are cities of the sixth class and adjoin each other and are p~esently . serving with sewer facilities adjacent and continuous areas, and each of said cities has a population Of approximately il,COO persons; and WHEREAS the United States Navy has located and established its Advanced Naval Training Station, which installation lies partly within each of said cities and is designed to accommodate an additional population of 25,000 men; and WHEREAS said second party now serves the community of Lomita Part, which adjoins said City of San Bruno on the south and contains approximately 1,O00 inhabitants; and ~ WHEREAS all outfall sewer lines for both said cities are wholly insufficient for present needs and will be insufficient to meet the requirements of future expansion of the population in said cities; and WHEREAS the establishment of the San Francisco Nills Field Airport precludes the extension of and increase in the size of the existing outfall sewers from said second party; and WHEREAS sanitary nuisances now exist~by reason of the sudden increase of the population now served by said outfall sewers, and such nuimances will increase with the increase of population in said communities; and WHEREAS the Department of Public Health in the State of California andthe Department of Public Health of the County of San Mateo, the United States Public Health Service and the Department of Health of the City and County of San Francisco have recommended a joint solution of the jQint problem of the parties hereto; and WHEREAS said parties can more efficiently and economically construct, operate and maintain a joint outfall sewer system t~mn they can separately construct, operate and maintain separate and individ- ual outfall sewer systems; and WHEREAS public health, convenience and necessity and public welfare and the needa of inhabit- ants of both said cities require the construction, operation and maintenance of a joint outfall sewer system as hereinafter provided; NOW, THEREFORE, in consideration of the premises and of the mutual covenants of the parties hereto, said parties agree as follows: 1. Sai~ first party agrees to construct the interceptor sewers, outfall sewers, manholes, control manholes, overflow pipes, pump house and equipment, and force main, togetherwith the appurtenances thereto, in accordance with the plans and specifications adopted by the City Council of th~ City of South San Francisco on the 28th day of September, 1944, which plans and specifications are now on file in the office of the City Clerk of Said City. 2. Said second party agrees to construct an outfall sewer sufficient in capacity to carry all the sewage of said City of San B~uno to the control manhole provided for in the plans and s~ecifications mentioned and referred to in paragraph I of this agreement, in accordanc~ with the plans and specificat- ions adopted by the City Council of the City of San Bruno on the 13th day of September,.1944, which plans and specifications are now on file in the office of the City Clerk of said city of San Bruno. 3. Said first party will pay for all its sewers, to be constructed as provided in paragraph this agreement, and connected with the manhole at the intersection of San Mateo Avenue and Tanforan Avmuue, in said City of South San Francisco. Ayes, Councilmen Victor Boido, Charles K. Elder, Ivan M. HaYe, Geo. W. Holston, N. Minucciant Noes, Gouncilmen None Absent, Councilmen None Attest: Daniel NcSweeney SEAL City Clerk EXHIBIT "A" JOtN~ $~ A~R~Im~N~ THIS AGRE~,~NT, made this 29th day of November, 1944, betwe~u the CITY OF SOUTH SAN FRANCISCO, A municipal corporation, the first party, and the CITY OF SAN BRUNO, a municioal corporation, the second party, WITNESSETH: ~S said parties are cities of the sixth class and adjoin each other and are pfasently serving with sewer facilities adjacent and continuous areas, and each of said cities has a population of approximately ll,O00 persons; and WHEREAS the United States Navy has located and established its Advanced Naval Training Station, which installa, tion lies partly within each of said cities and is designed to accommodate an additional population of 25,000 men; and WHEREAS said second party now serves the community of Lomita Part, which adjoins said City of San Bruno on the south and contains approximately 1,O00 inhabitants; and ~ WHEREAS all outfall sewer lines for both said cities are wholly insufficient for present needs and will be insufficient to meet the requirements of future expansion of the population in said cities; and WHERF~S the establishment of the San Francisco ~4ills Field Airport precludes the extension of and increase in the size of the existin~ outfall sewers from said second party; and WHEREAS sanitary nuisances now existJby reason of the sudden increase of the population now served by said outfall sewers, and such nuisances will increase with the increase of population in said communities; and WHEREAS the Department of Public Health in the State of California and the Department of Public Health of the County of San Mateo, the United States Public Health Service and the Department of Health of the City and County of San Francisco have recommended a joint solution of the jQint problem of the parties hereto; and WHEREAS said parties can more efficiently and economically construct, operate and maintain a joint outfall sewer system than they can separately construct, operate and maintain separate and individ- ual outfall sewer systems; and WHEREAS public health, convenience and necessity and public welfare and the needa of inhabit- ants of both said cities require the construction, operation and maintenance of a joint outfall sewer syste as hereinafter provided; NOW, THEKEFORE, in consideration of the premises and of the mutual covenants of the parties hereto, said parties agree as follows: 1. Sai~ first party agrees to construct the interceptor sewers, outfall sewers, manholes, control manholes, overflow pipes, pump house and equipment, and force main, together with the appurtenances thereto, in accordance with the plans and specifications adopted by the City Council of the City of South San Francisco on the 28th day of September, 1944, which plans and specifications are now on file in the office of the City Clerk of Said City. 2. Said second party agrees to construct an outfall sewer sufficient in capacity to carry all the sewage of said City of San Bruno to the control manhole provided for in the plans and specifications mentioned and referred to in paragraph I of this agreement, in accordance with the plans and specificat- ions adopted by the City Council of the City of San Bruno on the 13th day of September, 1944, which plans and specifications are now on file in the office of the City Clerk of said city of San Bruno. 3. Said first party will pay for all its sewers, to be constructed as provided in paragraph o2 this agreement, and connected with the manhole at the intersection of San Mateo Avenue and Tanforan Avenue, in said City of South San Francisco. 4. Said second party will pay for the construction of the outfall sewer, mentioned in paragraph 2 of this agreement, to the connection of said outfall sewer with said control manhole. 5. The sum of $45,400.00, which the United States Navy has agreed to appropriate toward the construction of said joint project between said parties hereby, shall, when received by said first party, be applied in the manner following: (a) One half the cost of construction of the 27-inch diameter outfall sewer, which is to extend from the manhole at the intersection of San Mateo Avenue and Tanformn Avenue to the Control manhole provided for in the plans and specifications mentioned in paragraph i hereof, shall be paid out of the money appropriated by the United States Navy, as aforesaid. (b) The balance of said sum of ~5,4OO.OO remaining, after the payment provided for in sub- division (a), shall be applied upon cost of construction of the said control manhole, overflow pipe, pump house and equSpment, force main and appurtenances provided for in the plans and specifications mentioned in paragraph I hereof. (c) Each of said parties agrees to pay one-half the cost of the construction provided for in subdivision (~), hereof, after the application of the portion of said sum of $45,400.00 provided for in said paragraph (b). 6. All engineering costa for said joint project shall be borne by said parties in direct proportion to the cost of the work incurred by each of said parties. Said engineering costs shall amount to ten per cent (10%) of the total cost of the work and shall include and cover the following: The furnishing o£_all m~npower and materials and field and office supplies for the prepara- tion of plans and specifications for the work, also the laying out, supervision of, and all inspection of all construction herein called for. 7. Second party shall receive into its interceptor sewer all sewage originating from the land presam~ owned by the South San Francisco Land and Improvement Company and lying within the city limits of first party, and through which said sewer runs, and, for such purpose first party shall have the right to connect its sewer to said interceptor sewer of second party. Second party shall be per- mitted to retain its present connection to the "Tanforan Avenue Sewer", as described and referred to in that certain agreement between the parties hereto entered into on or about the 23rd day of January, 1935, or as an alternative, whenever and if said Tanforan Avenue sewer shall have been connected to that portion of sewer line c~nstructed in said Tanforan Avenue by the United States Navy, to connect to said Navy Sewer, in order to serve the area within the city limits of second party known as "Fifth Addition", or, if agreed to or permitted by the United States Navy at any earlier time to connect, without cost, into said Navy sewer, forming a part of the sewer system herein everywhere described. The aforesaid agreement in its relation to the prorating of expense on said Tanforan Avenue sewer is hereby superseded. 8. Irrespective of the manner of construction or by whom the same may be constructed or paid f,mr, it'is the general intention and purpose of this agreement to treat and consider the entire sewer'~line formed by and including the following, to-wit: The 24-inch sewer heretofore constructed in Tanforan Avenue by the United States Navy, to- gether with the 27-inch sewer to be hereafter constructed by first party in conjunction with the United States Navy, together with all of the sewer lines extending Easterly from the control m~nhole to San Francisco Bay, including pumping plant and all other appurtenances thereof, as one general joint outfall sewer line, to be used jointly by the parties hereto aud by said United States Navy and upon abandonment or cessation of use by the United States Navy, to be jointly used throughout its entire length by the parties hereto thereafter. 9. It shall be the duty and function of first party to control, operate and maintain all said general joint outfall sewer line, as hereinbefore described, the expense of which shall be borne by the parties hereto and by the United States Navy in direct proportion to the amount of sewage contributed from time to time by the areas controlled by each of said Cities and the United States Navy, respective- ly. First party shall from time to time, as occasion may require, make demand upon second party and the United States Navy for the pa~vment to first party of their respective shares of such total expense. 10. In the event of the abandonment by the Navy of its line, the two cities shall continue to operate the combined lines, and the cost of maintenance and operation shall be in direct proportion to the amount of sewage contributed by each city. In the event of the abandonment by the Navy, the second party has the right to use the Navy line for the purpose of transmitting sewage originating in the area now controlled and occupied by the Navy and also sewage originating in such areas as are and may be naturally tributary to the land through which the Navy sewer now passes. South San Francisco shall have the right to use the Navy line to transit sewage originating in those areas which are naturally tributary to the land through which the Navy~now passes. 11. Each party shall repair, replace and reconstruct its own interceptor lines, wherever necessary, at its own cost and expense, it being understood that, for the purpose of the eipenses or repair, replacement and reconstruction, the South San Francisco interceptor sewer terminates at the San Mateo Avenue manhole, All other portions of the v~rk hereinbefore described shall be operated for the joint benefit of said parties and the cost of reconstruction, repair and replacement shall be borne equally by said parties, less any contribution which may be made by the United States Navy during the time within which the Navy may use its lines. 12. The cost of repairs, replacements and reconstruction of said control manhole, o~ erflow pipes, pump house and equipment, force main and appurtenances, due to injury, damage, wear, deterior- ation or obsolescense, shall be paid in equal shares by each of said parties; provided, however, that, if the estimated cost of repairs, replacements or reconstruction shall exceed $1,000.00, the first party shall notify the second party and secure the written approval of the second party for such work and the expenditures incident thereto. 13. Each party shall have the Tight to annex and serve additional territory through said system, subject to the conditions in this agreement provided, but in no event shall any unincorporated areas be served through said system by either party without the written consent of the other, excepting only the area of Lomita Park as presently served by San Bruno. 14. In the event that any dispute may arise with.reference to the interpretation or application of this agreement, or any matter of fact involving performance thereunder, such dispute shall be settled by arbitration in the usual manner: Each of said cities shall appoint a competent engineer and the two engineers so appointed shall select a third disinterested engineer. After full consideration of the matter in dispute, the decision of any two of such engineers shall be binding upon both said parties. 15. In the event that any of the sewage facilities herein provided to be used or operated jointly shall become inadequate, determination of the cause of such inadequacy shall be made by eng%neers, in the manner provided in paragraph 14 hereof. Neither party shall be entitled to use more than fifty per cent (50%) of the capacity of said general joint outfall sewer unless such use can be had without detriment to the other party hereto. If any iucrease or extension of facilities is required by the need of either of the parties hereto, such party shall bear the complete expense thereof. In no event shall such enlargement for the benefit of (and at the cost of) either party, exceed fifty per cent (50%) of the u~timate reserve of the system or in any manner impair the rights of the other. 16. ~his agreement and every part thereof shall continue in force perpetually. 17. Wherever the expression "City of South San Francisco" or "City of San Bruno" or "first party" Or"Second Party" is used herein, except where the maining shows that either one or the other here- in, except where the meaning shows that either one or the other of the two municipal corporations is intended, such use of "City of South San Francieco" and"City of San Bruno" shall be taken to mean the area within the corporate limits of said first party with all its inhabitants and the area within the corporate limits of said second party with all its inhabitants respectively. Wherever written consent of either ,~ ' party is required herein such consent shall be in the form of a resolution of the City Council affected and not otherwise. 18. IN WITNESS WHEREOF s~id first party has caused its corporate name to be subscribed hereto by its mayor and its corporate seal to be affixed hereto by its City Clerk, first thereunto duly author- ized by resolution of the City Council of the City of South San Francisco, and said second party has caused its corporate name to be hereunto subscribed by its mayor and its corporate seal to be afixed hereto by its City Clerk, first thereunto duly authorized by resolution of the City Council of the City of San Bruno, all as of the day and y~ar first above written. CITY OF SAN BRUNO CITY OF SOUTH SAN FRANCISCO By Mayor By Mayor Attests Attestt City Clerk Daniel McSweeney City Clerk SEAL