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HomeMy WebLinkAbout4628 RESOLUTION N0. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN AGREE- MENT AND ORDERING THE EXECUTION THEREOF. WHEREAS, a certain agreement between the City of San Bernardino and the East San Bernardino County Water District has been presented to the Mayor and Common Council; NOW, THEREFORE, the Mayor and Common Council of the City of San Bernardino, California, DO HEREBY RESOLVE, DETERMINE AND ORDER as follows ; Section 1 . That the agreement referred to in the recitals hereof is hereby approved and ordered entered into by the City. Attached hereto, marked Exhibit A, and made a part hereof, is a copy of said agreement . Said agreement shall be executed on behalf of the City by the Mayor and attested by the City Clerk. Section 2 . That attached to said agreement is a map which is marked Exhibit A and made a part thereof. Duplicate originals of said map are to be filed in the office of the City Clerk and in the office of the Secretary of the District . Said map shall be authenticated on behalf of the City by the Mayor and the City Clerk. ADOPTED, SIGNED AND APPROVED this ! ° day of zz 19 t:55 1 /( Mayor of the City of San Bernardino, California ATTEST: .x Clety Clerk of the City of ..an Bernardino, California (SEAL) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss . CITY OF SAN BERNARDINO ) I, JACK T. FELTON, City Clerk of the City of San Bernardino, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of said city and was approved by the Mayor of said city at a regularrmeeting of said Mayor and Common Counci held on the -- day of - ,e_,�.-f4 19 , and that it was adopted ,,br the following vote, to vjit: V ' AYES: Councilmen .- ;t NOES: Councilmen ABSENT: Councilmen G" y Clerk of the City of (SEAL) Bernardino, California 2 . t. REOLUTIOU NO. 103 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR JOINT CONSTRUCTION AND USE OF SEWAGE DISPOSAL PLANT AND INTERCEPTOR, TRUNK AND OUTFALL SEWERS RESOLVED, by the Board of Directors of the East San Bernardino County Water District, San Bernardino County, California, that WHEREAS, there has been submitted to this Board a written agreement entitled "Joint Powers Agreement of 1957 betwee the City of San Bernardino and the East San Bernardino County Water District" , wherein it is proposed that the City of San Bernardino and the East San Bernardino County Water District jointly participate in financing the costs of acquiring and con- structing a sanitary sewage treatment and disposal plant; the interceptor, trunk and outfall sewers from the point of juncture of the trunk to be constructed by the City and the trunk sewer system to be constructed by the District, thence to said treatment plant; and facilities for the disposition of effluent to be de- rived therefrom, to be constructed and owned by the City and to be maintained and operated by the City for the joint benefit and cost of the parties thereto; WHEREAS, said agreement has been considered by the Engineers and Attorneys for the parties thereto, and this Board has been fully advised and has duly considered same; and WHEREAS, the public interest, convenience, economy, health and general welfare of the District and the City and the properties and people in each will be served by entering into said agreement; NOW, THEREFORE, IT IS ORDERED that the District enter into said agreement and that the President of this Board is directed to execute said agreement, in two or more copies, in the name of the District, and the Secretary is hereby directed to countersign said agreement and to affix thereto the corporate seal of the District. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted and passed by the Board of Directors of the East San Bernardino County Water District at a meeting thereof held on the 30th day of December, 1957, by the following vote: AYES, and in favor thereof, Directors: Botts, Brooks, Littleton, Wall NOES: Directors: None ABSENT: Directors: Taylor SecretAry, 13oard of Directors of East San/ Bernardino County Water District APPROVED:/-,, President JOINT POWERS AGREEMENT OF 1957 BETWEEN THE CITY OF SAN BERNARDINO AND THE EAST SAN BERNARDINO COUNTY WATER DISTRICT CONTENTS Page Recitals 1 Section 1 . Purpose of Agreement, Common Power to be Exercised, Termination 2 Section 2 . City of Administer 2 Section 3. East Trunk Sewer and Sewage Disposal Works 3 Section 4. Right of District in East Trunk Sewer 4 Section 5. Limitations on the District in Regard to Quality of Sewage 4 Section 6. Service Areas, Right to Collect Charges 6 a. City Territory 6 b. District Territory 6 c . Territory Between the District and the City 7 d. Territory Served with Water by District 7 e . Boundary Line Lands 8 f. Territory Within the Boundaries of both the City and the District 8 Section 7 . Payments by District 9 Section 8. Records, Accounts, Inspection and Audit 10 Section 9. Effect of Agreement, Nature of Obligations 12 Section 10. Arbitration 14 Section 11 . Severability 15 Section 12 . Effective Date . 16 Execution 16 JOINT POWERS AGREEMENT OF 1957 BETWEEN THE CITY OF SAN BERNARDINO AND THE EAST SAN BERNARDINO COUNTY WATER DISTRICT WHEREAS, the following public agencies: the City of San Bernardino, a municipal corporation (herein- after sometimes called "City" ) , and the East San Bernardino County Water District, a county water district organized and existing under Division 12 of the Water Code (hereinafter sometimes referred to as "District" ) and each of them, has, or will have, money available to acquire and construct needed facilities for the collec- tion, treatment and disposal of sewage and each had intended to acquire and construct its own facilities; and WHEREAS, certain facilities will serve both public agencies resulting in a substantial saving of money to each public agency; and WHEREAS, said public agencies are authorized to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code; NOW, THEREFORE, the following public agencies : CITY OF SAN BERNARDINO and EAST SAN BERNARDINO COUNTY WATER DISTRICT for and in consideration of the mutual promises and agree- ments hereinafter stated and the performance thereof, and for other valuable and adequate consideration, do promise and agree for and on behalf of themselves and their successors in interest as follows : Section 1 . Purpose of Agreement, Common Power to be Exercised, Termination. This agreement, made under the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Govern- ment Code, is for the purpose of obtaining for each public agency facilities for the collection, treatment and disposal of sewage, and each public agency has in common the power to acquire, construct, maintain, repair, manage, operate and control facilities for said purpose. Said purpose will be accomplished and said common power exercised in the manner hereinafter set forth. This agreement may be amended or modified by said public agencies by mutual consent and shall continue until terminated by said public agencies by mutual consent . Time is of the essence of this agreement . Section 2 . City to Administer. The City of San Bernardino shall, subject to 2 . the restrictions set forth in its charter, administer and execute this agreement and do all acts necessary for the exercise of said common power for said purpose . Section 3. East Trunk Sewer and Sewage Disposal Works . Both the City and the District will acquire, construct and, except as herein provided, maintain, repair, manage, operate and control independently from each other facilities for the collection of sewage . The City will also acquire, construct, maintain, repair, manage, operate and control independently from the District facilities for the treatment and disposal of sewage, including effluent reclamation works . The parts of said City facilities involved in this agreement are the East Trunk Sewer and northerly extensions thereof (hereinafter called the "East Trunk Sewer" ) and the facilities connected thereto for the treatment and disposal of sewage, including effluent reclamation works (hereinafter called the "Sewage Disposal Works") . Said East Trunk Sewer is shown on a map which is attached hereto, marked Exhibit A, and made a part hereof. The duplicate originals of said Exhibit A are on file in the office of the City Clerk of the City and in the office of the Secretary of the District , Said East Trunk Sewer and Sewage Disposal Works shall be owned solely by the City and the part or parts thereof not already in exist- ence on the date of this agreement shall be acquired and constructed at the cost and expense of the City. The 3. City shall operate, maintain and preserve said East Trunk Sewer and Sewage Disposal Works in good repair and work- ing order in accordance with recognized engineering practices . Section 4. Right of District in East Trunk Sewer. The District shall have and own, for the exist- ence of this agreement, a right to discharge sewage into the East Trunk Sewer or other sewers adjacent to the District at a point or points on said sewers between the East-West center line of Section 19, Township 1 North, Range 3 West, and its prolongations and Third Street (sometimes known as City Creek Road) . All connections to said sewers for the purpose of said discharge shall be made at the sole cost and expense of the District and shall be made under the supervision of an officer or employee of and designated by the City and shall be per- formed to the satisfaction of and subject to the approval of the City. The District shall discharge all sewage entering any of its sewage collection facilities into said East Trunk Sewer or other sewers adjacent to the District. Section 5. Limitations on the District in Regard to Quality of Sewage . The District expressly agrees to the follow- ing separate distinct and cumulative limitations : 4. a. The District shall obey and shall require all persons and customers of every kind and nature (including public agencies of all types) discharging into or using its system to obey all ordinances, resolutions, rules and regulations of the City concern- ing type and condition of sewage and wastes permitted to be discharged into City sewers and shall prohibit said persons and customers from discharging into said District's system sewage and wastes which persons and customers of the City could not discharge . The District shall also obey the applicable statutes, rules and regula- tions of agencies of the United States of America, the State of California and the County of San Bernardino having jurisdiction over the collection, treatment and disposal of sewage and wastes . b. The District shall not allow any surface or storm waters, excessive infil- tration, cooling water or unpolluted industrial waste to be discharged into its sewer system or into any other sewer facilities emptying into its sewer system or into any other sewer facilities over which it has control . 5. Section 6. Service Areas, Right to Collect Charges . The City and the District agree that the areas within which each is entitled to provide sewer service and/or collect sewer service charges shall be as set forth in this Section 6. Neither public agency shall, without the written consent of the other, be entitled to provide sewer service and/or collect sewer service charges within any territory assigned to the other under this Sec- tion 6. a. City Territory -- The City (unless otherwise specifically prohibited by this Section 6) shall be entitled to provide sewer service and collect sewer service charges from any territory westerly of the easterly boundary of the City as said boundary exists on the date of this agree- ment (outlined in blue on Exhibit A) and from any territory northerly of the East- West center line of Section 19, Township 1 North, Range 3 West, and its prolongations, (excepting territory between Mountain Avenue and Tract 3974, colored yellow on Exhibit A) and from any territory southerly of Third Street (sometimes known as City Creek Road) , excepting therefrom any territory of the City then within the boundaries of the District . b. District Territory -- The District 6. (unless otherwise specifically prohibited by this Section 6) shall be entitled to provide sewer service and collect sewer service charges from any territory easterly of the westerly boundary of the District as the same exists on the date of this agree- ment (outlined in red on Exhibit A) , provided that said territory lies between the East- West center line of Section 19, Township 1 North, Range 3 West, and its prolongations, and Third Street (sometimes known as City Creek Road) . c . Territory Between the District and the City -- The public agency (unless other- wise specifically prohibited by this Section 6) first annexing territory after the date of this agreement which lies westerly of the westerly boundary of the District and easterly of the easterly boundary of the City, including territory between Mountain Avenue and Tract 3974 north of said East-West center line of Section 19, (shown in yellow on Exhibit A) shall be entitled to provide sewer service and collect sewer service charges within said territory. d. Territory Served with Water by District -- The District shall be entitled to provide sewer service and collect sewer 7. service charges within territory outside the District which is served with water by the District on the date of this agreement, whether within or without the City, (shown in brown on Exhibit A) excepting territory served with sewers by the City (shown in orange on Exhibit A) in which territory the City shall be entitled to provide sewer service and collect sewer service charges . e . Boundary Line Lands -- The public agency within which is located lots or build- ing sites adjacent to a common boundary line between the City and the District shall be entitled to provide sewer service and collect sewer service charges therein, but said parcels may be served by connections to the nearest sewer facilities, regardless of whether such facilities are owned by the City or the District . f. Territory Within the Boundaries of both the City and the District -- Territory within the boundaries of both the City and the District (shown in green on Exhibit A) served by City sewers on the date of this agreement 8. shall continue to be so served and sewer service charges shall be collected by the City. The District shall be en- titled to provide sewer service and collect sewer service charges from territory within the boundaries of both the City and the District not served by sewers on the date of this agreement (shown in purple on Exhibit A) . Section 7. Payments by District . As compensation to the City for services rendered in treating and disposing of sewage and waste discharged by the District into said East Trunk Sewer, or other sewers adjacent to the District, the District shall pay at the end of each monthly period, or other period established by the District for imposing and collecting sewer service charges (provided that payments shall be at least quarterly), a lump sum equal to 92% of the aggregate charges which would have been collected by the City, if the persons and customers served by the District or emptying into the District's system had been located in the City and had been liable for the pay- ment of the charges fixed by the City at the rates 9. which the City had fixed and established for that period of time for sewer users of various types and classifica- tions within the City. Any amount of said payment which is in dispute shall be paid to the City with a notation that it is paid under protest and shall be repaid at a later time if so decided by arbitration as provided in this agreement . Payments due at the end of the period specified above shall be paid within thirty (30) days of said due date . Payments not made within said thirty (30) days shall bear interest at the rate of five per cent (5%) per annum from the due date thereof until paid. Since the payments are to be made for services rendered there will be no surplus money and so there should be no surplus money on hand at the termination of this agreement after the accomplishment of said purpose, but if there is any, it shall be returned in proportion to the contributions made. Section 8. Records, Accounts, Inspection and Audit . The District shall keep a complete and up to date list of all persons and customers of every kind 10. and nature (including public agencies of all types) discharging into or using its system and shall keep proper books of records and accounts in which complete and correct entries shall be made of all transactions (including all receipts and disbursements) relating to the provision of sewer service and the collection of sewer service charges . Said list, books of record and accounts shall be kept in such reasonable detail that the City can ascertain the aggregate charges which would have been collected by the City, if the persons and customers served by the District or emptying into the District 's system had been located in the City. Said list, books of record and accounts shall, upon written request, be subject to inspection by any duly authorized representative of the City. Said list, books of record and accounts shall be audited annually by an independent certified public accountant or firm of certified public accountants appointed by the District and approved by the City, and a copy of the report of such accountant or accountants shall be given to each public agency. The District shall notify the City a reasonable time before the audit is to commence the identity of the auditor or auditing firm. The expense- of said audit shall be shared by said public agencies equally. The City may, upon written request, inspect the District 's sewage collec- tion facilities at reasonable intervals . 11 . Section 9. Effect of Agreement, Nature of Obligations . Anything in this agreement to the contrary notwithstanding, the general fund of the City shall not be liable for the payment of any moneys required to be expended or paid by it in the performance of this agree- ment, nor is the general credit of the City pledged to the performance of any such obligation, nor may the District compel the exercise of the taxing power of the City to raise funds for the performance of any such obligation. Any moneys required to be paid or expended by the City under the terms of this agreement are required to be paid solely from (a) the available proceeds from the sale of any revenue bonds or other bonds or evidence of indebtedness authorized and issued for the purpose of such payment or expenditure and (b) the revenues from sewer service charges and other revenues of its sewer system. The District agrees that it will prescribe, revise and collect such rates and charges for the services, facilities and use of its sewer system as will produce, after allowance for contingencies and error in estimates, sufficient revenues to discharge all obligations under this agreement and all other obligations of the District which are a charge upon or payable from such revenues . The expenses of and claims against the District 12. under this agreement are general obligations of the District, and if the District has no revenues or if the revenues of the District are, or in the ,judgment of the Board of Directors are likely to be inadequate to pay debts, expenses and claims against the District, includ- ing all expenses and claims payable under this agreement, the Board of Directors shall cause an annual tax to be levied upon the taxable property in the District sufficient to pay all expenses and claims payable under this agreement, all as provided in the County Water District Law, being Division 12 of the Water Code of the State of California. All moneys derived from such tax and all other moneys allocated and designated for the payment of said obliga- tions, including all expenses and claims, payable under this agreement shall be placed in a special fund of the District and until all of said obligations have been fully paid the moneys in said fund shall be used for no other purpose than the payment of said obligations . The District shall notify the City of the name of said special fund on its establishment. Nothing herein shall be construed as prohibit- ing the City or the District from issuing revenue bonds or other evidences of indebtedness payable from the revenues from sewer service charges or other sewer system revenues and which have, as to said sewer charges and revenues, for any sums required for the payment or security 13. of the principal thereof or interest thereon a priority over obligations payable under this agreement. Section 10. Arbitration. All controversies arising out of the interpre- tation or application of this agreement or the refusal of either public agency to perform the whole or any part thereof shall be settled by arbitration in accordance with the provisions of this section and where not provided by this section in accordance with the statutory provisions of the State of California then in force. The controversy shall be submitted to a board of three (3) arbitrators which shall be appointed, one by the City, one by the District, and the third by the first two. The public agency desiring arbitration shall notify the other public agency by a written notice stating the following: (1) that it desires arbitration, (2) the controversy to be arbi- trated, (3) that it has appointed its nominee, and (4) that it requests the other public agency to appoint its nominee. Within thirty (30) days from the receipt of said notice the other public agency shall appoint its nominee. Within fifteen (15) days after the last publicagency has appointed its nominee, the two nominees shall appoint the third. None of the arbitrators shall be a resident of, or taxpayer in, or own property in, or have a place of business in, or be employed in or by, or be an officer or employee of either public agency. The arbitration board shall hold at least 14. one hearing and at least ten (10) days before said hearing shall give each public agency written notice thereof. The arbitration shall be restricted to matters relative to that stated in the notice requesting arbitration. The arbitration board shall have no authority to add to or subtract from this agreement. Each public agency shall be given an opportunity to be heard and to present evidence. Upon conclusion of the hearing or hearings the arbitration board shall reduce their findings of fact, conclusions of law and the award to writing, and shall sign the same and deliver one signed copy thereof to each public agency. Such award shall be final and binding upon both public agencies . A majority finding shall govern if the arbi- trators ' determination is not unanimous . Each public agency shall pay its own expenses including the expenses of the arbitrator which it nominates . The expenses of the third arbitrator, and the administrative costs of the arbitration proceedings shall be shared equally. Section 11 . Severability. If any section, subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to either public agency, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the agreement or the application of such provision to the other public agency, or to any other persons or 15. circumstance shall not be affected thereby. Each public agency hereby declares that it would have entered into this agreement and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more section, subsection, sentence, clause, phrase or word, or the application thereof to either public agency, or any other person or circumstance be held invalid. Section 12 . Effective Date . This joint powers agreement shall be valid and binding as of the date of execution thereof. IN WITNESS WHEREOF, each public agency has caused this instrument to be executed by its respective officials theretofore duly authorized by the legislative bodies thereof. CITY OF SAN ARDINO By a or ATTEST: City Clerk U' (SEAL) Date of signing 19 EAST SAN BERNARDINO COUNTY WATER DISIAICT By resident COUNTERSIGNED: Seer ary (SEAL) Date of signing 19 0 <F U Q C 16. I a^ 77K N tU � I A V -4 7{6, —.Cb b ti v - v ♦ __ ?o 4/6I0 VE. 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