HomeMy WebLinkAboutReso 1182-1947136
RESOLUTION NO. 1182
AGREE~ENT ~ITH CITY OF SAN BRUNO ON DF~AGE TREATI~T PLANT
WHEREAS the Separtment of Public Health of the State of California adopted a "Resolution
against disposal of Raw Sewage into the ~aters of the State ~ithout Appropriate Sewage Treatment"
on March ll, 1948, and has notified the City of South San Francisco and also the City of San Bruno
that-all permits heretofore issued for the disposal of raw, untreated sewage into any of the waters
of the state shall be revoked effective January l, 1947; and
WI~EREAS it is the desire and intention of the City of South San i~rancisco and the ~ity
of 8an Bruno to comply with the regulation of the State Department of Public Health and said
cities propose to acquire, construct ~nd complete a sewage treatment plant and such facilities
as may be necessary for the operation of such plant;
RES0~VED by the City Council of the City of ~outh San Francisco that said city enter
into an agreement with the City of San ~runo, a municipal corporation in the County of San ~ateo,
State of California, to provide as follows~
(1) Said parties agree jointly to construct, operate and maintain a treatment plant
for their domestic sewage in accordance with the resolution of the Department of fublic Health
afore referred to;
(~) Each of said cities agrees to pay one-half the cost of said construction including
engineering and inspection costs;
(~) Neither of said cities shall permit the introduction of any industrial waste, storm
waters or anything other than domestic sewage into the sewerage systems to be served by the joint
treatment plant without the knowledge and co~sent of both cities;
(4) It shall be the duty and function of the City of South San ~rancisco to control,
operate and maintain all said treatment plant as hereinbefore desc~ibed, the e~apense of which
shall be borne by the two cities in direct proportion to the amount of sewage contributed from
time to time by the areas controlled by each of said cities respectively. The City of South
San Francisco shall, from time to time, as occasion may require, make demand upon the City of
San ~runo for the payment to said City of South San Francisco of its respective share of such
total e~ense.
(~) The cost of repairs, replacements and reconstruction of said treatment plant and
equipment, due to injury, damage,wear, deterioration or obsolescence, shall be paid in equal
shares by each of said parties; provided, however, that, if the estimated cost of repairs, re-
placements or reconstruction shall exceed .~l,000.00, the City of South S~ Francisco ~hAll notify
the City of oan Bruno and secure the written approval of the City of San Bruno for such work and
the expenditures incident thereto.
(8) Each city shall have the right to annex and serve additional territory through
said plant, subject to the conditions in the agreement provided, but in no event shall any
unincorporated areas be served through said plant by either city without the written consent of
the other.
(7) ~n the event that any dispute may arise with reference to the interpretation or
application of the 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 consider~ion of the matter in dispute, the decision of any two of such engineers shall be
binding upon both said cities.
(8) 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
engineers, in the manner provided in paragraph 7 hereof. Neither city shall be entitled to use
more than fifty per cent (~0%) of the capacity of said general treatment plant unless such use can
be had without detriment to the other city hereto. If any increase or extension of facilities is
required by the need of either of the cities, such city shall bear the complete e~m~pense thereof.
in no event shall such enlargement for the benefit (and at the cost of) either city, exee~d fifty
per cent (~0~$) of the ultimate reserve of the system or in any manner impair the rights of the
other.
(9) The agre~nent and every part thereof shall continue in force perpetually~
(10) Wherever the expression ~'City of South S~ Francisco" or "City of San Bruno" is
municipalUSed in saidcorporationsagreement, iseXCeptintended,Where suchthe meaning.oshows that either one or the othe~cOf., the two
use of ity of South San Francisco" and ity of San
~runo" shall be taken to mean the area within the corporate limits of said first city with all
its inhabitants and the area within the corporate limits of said second city with all its in-
habitants respectively. ~herever written consent of either city is required therein, such consent
shall be in the form of a resolution of the City Council affected and not otherwise.
The ~ayor and the ~ity Clerk of said city of Oouth ~an Francisco are hereby authorized
and directed, in the name of said city and under its ~eal, to execute the agreement hereby
author i z ed.
I hereby certify that the foregoing resolution was regularly introduced and adopted by
the City Council of the City of Oouth San Francisco on the Zrd day of February, 1947, by the
following vote:
' . lder,
Ayes, Councilmen. G. ?~. Holston, Chas.K E Leo Ferko, Adolph Sani, ~milio Oortesi
No es, Councilmen: ~one
Absent, Councilmen: ~one
ATT EST:
Daniel J. Hyland
City Clerk