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HomeMy WebLinkAbout9854 1 RESOLUTTON NO. ;7,f{:j 4 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF. AN AGREEMENT BETWEEN 3 SAID CITY AND THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CON- SERVATION'DISTRICTRELATING TO WASTE WATER CAPACITY IN AN INDUS- 4 TRIAL OUTFALL LINE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION l. The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute on behalf of said City an agreement between said City and the Riverside County Flood Control and Water Conservation District relating to waste water capacity in an industrial outfall line, a copy of which is at- tached hereto, marked Exhibit "A" and referred to and made a part 9 10i 111 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 hereof as fully as though set forth at ,length herein. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Conunon Council of the City of San Ber- nardino ata . A .~ .. . meeting thereof, he:Id on the .J/l'1-ay of :);J, 1969 by the following vote, to wit: AYES: Councilmen '-L!L 1'~, ~ ~,--I _ ~~~6% g~. 2/,'l?' 'd~f'7~ NOES: 17~./' '. . . ABSENT: ~ '--dlJL,u'Jr;~~~Lt ../ rtJ 6: ~~ CJ.ty C erk The foregoing resolution is hereby approved this3/7~ay of (}~, 1969. tf/ ~-)i1 .~ i~e (.7j . // '. '. Ma.for of the:'CJ.ty ~{an . ernardino 27 Approved as to form: ~~~.~ City, Attorney' FII_ED 28 29 30 31 32 JUi\i 4 1888 ;;;.~~': WASTE WATER CAPACITY AGREEMENT RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND . CITY OF SAN BERNARDINO , I. i I I . II '/ cXJ.l.Jn / r A TABLE OF CONTENTS RECITALS I' Page 1 4 5 "5 5 5 5 6 6 6 6 ',' DEFINITIONS COVENANTS 1. Capacity Right (a) Obligation to Grant (b) Nature of Capacity Right (c) Effective Date and Term of Capacity Right (d) Maximum Flow (e) Manner of Disposal (f) Point of Delivery 2.. Payments (a) Initial Charge 1b) Bond Service Charge (c) Standby Charge (d) Quantity Charge (a) (b) (c) (d) Standard Enforcement Violations Damages , 6 7 7. 8 8 9 9 9 9 9 10 10 11 11 3. Remedy for Nonpayment of Charges 4. Disposal Contracts with City Users (a) Uniformity (b) Disposal Units (c) Approval by District 5. Quali ty i Page - 6. Inspection and Approval of User Facilities 12 7. Continuing Inspection of User Facilities 12 8. Metering and Sampling 12 9. Condition Subsequent 13 10. Unavailability of Disposal Fa,cilities 13 1l. Arbitration 14 12. Assignment 14 13. Notices 14 14. Waiver 15 15. Amendment 15 , r ii '. I . / WASTE / I WATER CAPACITY AGREEMENT ~' THIS AGREEMENT is made ana-entered into on the day of , 1969, by and between RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT and CITY OF SAN BERNARDINO, a municipal corporation. DEFINITIONS As used herein, the following terms shall have the fo1towing meanings: (1) Bond Service Charge -- The principal and interest on funds borrowed by the District . to finance construction of its waste transpor- tation, treatment and disposal facilities and payments under any lease or agreement executed by the District for facilities to transport, treat and dispose of waste waters. (2) Capacity Right -- The right of City to deliver and the obligation of District to receive and dispose of a stated flow of waste water expressed in terms of a maximum flow in cubic feet per second (cfs). (3)' City -- City of San Bernardino, a municipal corporation. -1- ~. (4) City User -- The owner or lessee of land upon which an industrial plant is located or planned for construction or any public agency who has executed a disposal contract with City. (5) Collection Facilities -- The entire facilities and rights owned by City for collec- tion, treatment and transportation of waste water to the disposal facilities of District, including lines, mains, trunks, booster facilities and appur- tenant equipment, and the capacity right with District. (6) Disposal Contract -- An agreement to be entered into between City and its users. (7) Disposal Facilities -- The entire facil- ities and rights owned or leased by District for collection, treatment, transportation and disposal of waste waters, including lines, mains, trunks, booster facilities and appurtenant equipment, and the capacity right with the County Sanitation Districts of Orange County. (8) Disposal Right -- The right of the user to deliver and the obligation of City to receive and convey to District a stated flow of waste water expressed in terms of a maximum flow in cubic feet per second (cfs). -2~ / (9) Disposal Unit -- A maximum flow of 0.1 cubic foot per second (cfs). I. , (10) District -- River~ide County Flood --- Control and Water Conservation District, a public agency formed pursuant to the Riverside county Flood Control and Water Conservation District Act of 1945 and amendments thereto. (11) Initial Charge-- A monetary payment equivalent to $50,000 per cubic foot per second (cfs) of capacity right, payable upon the avail- ability of service under such capacit~ right. (12) t!aximum Flow -- The maximum rate of flow expressed in cubic feet per-second(c:fs). Sudden . surges or waves of less than one minute duration or other unusual phenomena shall be disregarded in determining peak flow. (13) Quantity Charge -- A monthly charge, pay-' able for the quantity of waste water actually dis- . , t ., charged, expressed in millions of gallons, during the preceding calendar month, times a rate to be ". established from time to time by District at a level designed to recover all operating, mainten- ance and disposal expenses of the system, including allocations for administration, metering and sampling, r ~ -3- engineering overhead and reasonable operating reserve. (14) Stanoby Charge -- A monthly readiness- to-serve charge based upon the number of disposal units' owned by each City user by reason of its . disposal contract and in an amount per disposal unit derived.by application of the schedule of rates contained herein. (15) Waste Water -- Those liquid wastes of such character that, even with economic treatment, they cannot be allowed to reach and mix with local groundwater supplies. Specific quality standards shall be established fro~~ime to time by District and the qualification of $uch liquid wastes from any City user shall be determined by District. RECITALS 1. District is authorized to contract with any dis- trict, municipality or governlllental entity for collecting, treating and disposing of waste water originating within and without th~ boundaries of District. 2. District intends to install facilities for collecting, treating, transporting and disposing of waste water. -4- _L. 3. City is authorized to contract with any district, municipality or governmental entity for collect- ing, treating, transporting and disposing of waste water originating within and without the boundaries of city. 4. It is in the best interests of District and City to enter into an agreement whereby waste water origina- ting within and without City may be disposed of through t~e facilities of District. COVENANTS IN CONSIDERATION of the premises and of the cove- 'nants and obligations herein contained, the parties hereto agree as follows: 1. Capacity Right. (a) Obligation to Grant. District agrees to grant and convey to City a capacity right in its disposal facilities upon payment of the sums and compliance with the terms and conditions of this agreement. (b) Nature of Capacity Right. The right of City to deliver waste water under said capacity right shall not be deemed a right to use any particular disposal facility of District. (c) Effective Date and Term of Capacity Right. The capacity right shall be acquired by -5-_ / I and tested I Cha:r;ge and I. (50) years in City upon payment of the Initial shall continue for a term of fifty thereafter. . -- ----- (d) Maximum Flow. The capacity right shall be for a maximum flow of five (5) cubic feet per second (cfs). (e) Manner of Disposal. District shall have sole discretion with regard to the manner of disposing of waste water delivered by City under its capacity right. . (f) Point of Delivery. District shall be obligated to receive waste water from City into. . its proposed trunk line at a point adjacent to the crossing of the Santa Ana River by Crestmore Avenue in the County of Riverside. 2. Payments. city agrees to pay to District, at the times herein provided, the following sums: (a) Initial Charge. For and on account of the Initial Charge for a capacity right of five (5) cubic feet per second (cfs), City shall pay District the sum of $250,000, payable within sixty (60) days after receipt by City of written notice from District that service is available. -6- . / jb' . I. Dl.strl.ct Bond Service Charge. City shall pay an annual amount equal to 1/9th of the annual bond service costs..incurred by the District to finance construction of its waste disposal facil- ities and 1/9th of the payments under any lease or agreement executed by District for facilities to transport, treat and dispose of waste waters, pay- able annually fifteen (15) days prior to the date such bond service costs are due. (c) Standby Charge. City shall pay District a monthly standby charge for each user who executes a-disposal contract with citi' regardless of whether. said user actually delivers waste water to City; provided, however, that City shall not be obligated to pay to District a standby charge for a disposal contract for the first twelve (12) months immedi- . r ate1y following execution of such disposal contract. Upon expiration of each twelve (12) month period, the standby charge for such disposal contract shall be due on the 1st day of each calendar month and payable to District, on or before the lOth day of each calendar month, based upon the number of dis- posal units contained in each disposal contract in accordance with the following schedule: <. , i I . I- " -7- . / Standby Charges per 0.1 cfs NoV. 1 to Oct. 3u Monthly Standby Charge 1970-71 .-------- $100 1971-72 120 1972-73 140 1973-74 160 1974-75 180 1975-76 200 1976-77 220 1977-78 24"0 1978-79 260 1979-80 280 1980-81 300 1981-82 320 1982-83 340 1983-84 360 1984-85 380 1985-86 400 and thereafter (d) Quantity Charge. City shall pay Dis- trict a monthly quantity charge for all waste water actually delivered under this agreement, . payable monthly within fifteen (15) days after receipt by City of written demand for payment from District. 3. Remedy for Nonpayment of Charges. If the initial, bond service, standby or quantity charges are not paid within thirty (30) days of the due date thereof, Dis- trict may serve City with written notice of default, City shall pay interest on the unpaid balance from the due date of such delinquent charges, at the rate of seven percent (7%) per annum until paid. In the event that payment is not -8- . " .. made within sixty (60) days from notice of default, District may thereon elect to forfeit and cancel the capacity and all rights thereunder and to retain all funds paid pursuant there- to, and thereafter District shall have no obligation to City. 4. Disposal Contract with City Users. It is agreed that all disposal contracts between City and its users shall conform to the following: (a) Uniformity. City shall execute individual and uniform disposal contracts with each of its users. (b) Disposal Units. City shall execute disposal contracts which convey a right to its user, to either one disposa1.'unit or multiples of one disposal unit. (c) Approval by District. All disposal contracts or assignments of any rights under a disposal contract shall be subject to the prior written approval of District. 5. Quality. The quality of waste water discharged into the collection facilities to be constructed by City and delivered into the disposal facilities to be constructed by District shall be subject to the following provisionsf -9- - 'OF. / . 1 (a) Standard. District shall adopt an ordi- na ce, subsequent to the execution of this agreement, ;I prescribing the use of the disposal facilities to be constructed by District and-prescribing the quality standards applicable to waste water originating within District and discharged into said disposal facilities. The quality of waste water delivered by city to District shall comply with the quality standards contained in said ordinance and all. amend- ments thereto. (b) , , Enforcement; City shall adopt an ordinance, subsequent to the execution of this agreement, pre- scribing the use of the collection facilities to be constructed by City and prescribing the quality standards applicable to waste water to be discharged into said collection facilities. The quality stan- dards contained in said ordinance and all amendments . thereto shall not be less than the quality standards contained in the ordinance to be adopted by District and all amendments thereto. Said ordinance to be adopted by City and all amendments thereto shall be . subject to the prior written approval of the Chief Engineer of District. City shall diligently enforce -10- - - said ordinance and all amendments thereto to assure uniform and continuing compliance with said quality standards to be established by District. (c) Violations. In the event that the waste water discharged by a user into the collection facilities to be constructed by City fails to meet said quality standards and said violation, in the opinion of District, constitutes an imminent threat to the general health ~nd safety and continued operation of any of the disposal facilities to be constructed by District, then District shall have the right, upon twenty-four (24) hours written notice, to suspend City's right to deliver and Dis- trict's obligation to receive any waste water under this agreement until such time as said waste wate~s meet said quality standards. (d) Damages. District shall have the right , .1 to recover from City, in a court of competent juris- diction, any damages which it has incurred by reason of any 'discharge of waste water, by City or by City's users, not meeting the quality standards prescribed by District. If District prevails in such action, then City shall pay District, in addition to any damages awarded by such court, the reasonable costs -11- . - , . for attorney's fees, costs for expert testimony and costs of court incurred by District. 6. Inspection and Approval of User Facilities. Prior to the initial discharge of waste water, District shall have the right, at any reasonable time, to enter the premises and plant site of any user who has executed a disposal contract with City to inspect the extensions and connections to the col- lection facili~ies to be constructed by City and to inspect said user's in-plant installations for segregation, storage and treatment of waste water, in order to assure compliance with the quality standards to be established by District. Dis- trict shall certify its approval, in writing, of such facil- ities prior to the initial discharge or waste water by a user into the collection facilities of City. 7. Continuing Inspection of User Facilities. After a user has commenced discharge of waste water, District shall have the continuing right, at any rEasonable time, to enter the premises and plant site of any user to inspect said user!s in-plant installations for segregation, .storage and treatment of waste water, in order to assure continuing compliance with the quality standards to be established by District and in order to assure enforcement of such standards. a.Metering and Sampling.' District shall install a recording meter capable of measuring rates of flow and -12- / quantities and a sampling device capable of taking regular samples for qu~lity analysis of all discharges of waste water I. from the colle'ction facilities of City for disposal through ---------- the disposal facilities of District. Said meter and sampling device shall be installed at a location to be determined by District. 9. Condition Subsequent. It is understood that the grant of the capacity right herein to City and the power to perform hereunder by District are dependent upon the ability of the District to obtain funds sufficient to finance construc- tion of its entire disposal facilities. In the event that - District fails to obtain such financing on or before January 1, 1974, this agreement shall be terminated and of no further force and effect. . 10. Unavailability of Disposal Facilities. It is anticipated that the disposal facilities of District will not be constructed and available for use by City or its users until , three (3) years after District has obtained funds sufficient for construction of such facilities. It is the purpose of District to proceed in the construction of its disposal facil- ities with all reasonable speed. However, District shall not be responsible for any delay in construction and resulting damage, if any, to City or any of its users or any other person caused by such delay. !. ~ f . ) . ~ -13- . / 11. Arbitration. In event of a dispute as to the construction, interpretation or implementation of this agree- ; I - -- ment, the issues in dispute or matter requiring action shall .-~ be submitted to binding arbitration. For such purpose, an agreed arbitrator shall be selected, or in absence of agree- ment each party shall select an arbitrator and they shall select a third. Said arbitrator or three arbitrators acting as a board, shall take such evidence and make such investiga- tion as seems appropriate and shall render a written decision on the matter in question. In addition, said arbitrator or t three arbitrators shall have discretion to allocate the cost .of arbitration among the parties involved in the dispute in . such proportions as said arbitrator-or three arbitrators shall determine. Decisions in the arbitration shall be binding on the parties and may be enforced by the court in the case. 12. Assignment. Neither District nor City shall assign any rights or obligations under this agreement withput the written consent of the other party; provided, however, that this provision Shall not apply to an assignment by law. 13. Notices. Notices to be given between District and City shall be in writing and shall be deemed to have been served by depositing said notice in the United States mail, postage prepaid, addressed as follows: -14- . ""'.~".,. . Riverside county Flood Control and Water Conservation District P. O. Box 1033 Riverside, California City of San Bernardino 426 West Third Street San Bernardino, California Either District or City may, in writing. specify a different place for receipt of notices. 14. Waiver. A waiver of a breach of any term of condition under this agreement or any amendment thereto shall not constitute a waiver of any subsequent breach of the same or any other term or condition. 15. Amendment. This agreement shall contain all of the terms and conditions made between District and City and shall not be amended except by an agreement in writing signed by both District and City. DATED: , 1969. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CITY OF SAN BERNARDINO I By df? c ~t;i.(1'. . By'Jc~,q~~ (SEAL) By By (SEAL) -15- .. ~.