HomeMy WebLinkAboutUkiah Valley Sanitation District 1996-10-16 ActiveCEUL IL,L . fci��(
SEWER SERVICE AGREEMENT
This Agreement is entered into on this,f(, 'day of
1996, at 12:00 p.m., by and between the City of
Ukiah ( "City "), a general law municipal corporation, with its
principal place of business located at Ukiah Civic Center, 300
Seminary Avenue, Ukiah, California 95482, and the Ukiah Valley
Sanitation District ( "District "), a political subdivision of the
State of California, with its principal place of business located
at Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California
95482. Collectively, the District and the City shall be referred
to in this Agreement as the "Parties."
RECITALS
1. City operates the Ukiah Solid Waste Site, a solid waste
disposal facility (hereinafter "landfill "), located upon
Assessor's Parcel Number 178 - 130 -01, adjacent to but outside the
boundaries of District and City.
2. City owns and operates a separate sewage treatment
plant, located upon Assessor's Parcel Numbers 180- 100 -02, 180-
100-03, and 180- 100 -05. City contracts with District (1) to
treat sewage originating within District boundaries, and (2) to
operate and maintain the District's trunk lines and laterals.
3. Under their agreement, both City and District must agree
before either party can contract with any person outside District
boundaries for treatment of sewage.
4. City has determined that the best and most appropriate
method for disposing of leachate which cannot be stored at the
landfill is to process and treat such leachate through the
sewage treatment plant by use of a pipeline connecting such
landfill leachate collection system to District's nearby sewer
trunk line located along Vichy Springs Road, which connects to
the sewage treatment plant.
5. Government Code Section 56133 exempts from approval by
the Local Agency Formation Commission any agreement between two
public agencies, such as City and District, for the provision of
a service by one public agency to the other.
NOW, THEREFORE, based upon the above recitals, and the
mutual promises contained herein, the Parties hereby agree as
follows:
1. District authorizes City to construct at City's sole
cost and expense a pipeline connecting the landfill leachate
collection system to District's sewer trunk line in accordance
with the plans and specifications attached hereto as Exhibit A
and incorporated hereby reference.
s: \djr \agrmts96 \Ukiah.uvs
October 15, 1996
1
2. District shall not require City to pay a connection or
capital improvement fee for connecting to the District's sewer
system.
3. City shall pay for sewer treatment services in
accordance with the District's fee schedule.
4. In connecting to the District's sewer trunk line and
thereby discharging leachate into the sewer system as provided in
this agreement, City shall comply with all applicable federal and
state laws and all applicable rules and regulations of District.
5. District shall have the same remedies against City for
any violation of District rules and regulations as it would have
if any other customer violated said rules and regulations.
6. This document contains the entire agreement between the
parties concerning its subject matter. Any and all existing
statements or agreements, whether oral or written, or renewals
thereof, between the parties hereto, covering the same subject
matter, are hereby canceled and superseded by this agreement, and
such prior statement or agreement shall have no further force or
effect.
7. Whenever notice to a party is required or permitted by
this Agreement, it shall be deemed given when deposited with
proper address and postage in the U.S. Mail or when personally
delivered as follows:
DISTRICT:
With copy to:
City:
s: \djr \agrmts96 \Ukiah.uvs
October 15, 1996
Ukiah Valley Sanitation District
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA. 95482
H. Peter Klein
Mendocino County Counsel
County Administration Center
Bush Street
Ukiah, CA. 95483
FAX: 707- 463 -4592
City Manager
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA 95482
FAX: 707 -463 -6204
2
Notices may be telefaxed in which case the notice shall be deemed
given when received.
Either party may change the address to which notice must be given
under this Agreement by providing notice of the address change as
provided in this paragraph.
8. This Agreement shall be governed by the laws of the
State of California. Any legal action arising out of this
Agreement must be filed in Mendocino County. The parties waive
any objections they may otherwise have to jurisdiction or venue
in Mendocino County.
9. This Agreement is for the sole and exclusive benefit of
the parties who do not intend to create any rights in third
parties or to create third party beneficiaries.
10. No waiver by either party of any of the provisions of
this Agreement or failure of either party to object to a breach
thereof shall constitute a waiver of any other provisions of this
Agreement, or of the parties' right to enforce a subsequent
breach of the same or a different provision of the Agreement. No
waiver shall be deemed a continuing one or bind either party in
any way, unless confirmed in a writing signed by the that party.
11. The signatories to this Agreement have been duly and
properly authorized by the party they represent to sign this
Agreement on its behalf and their signature on this Agreement is
binding upon the party they represent.
12. This Agreement may be executed in one or more duplicate
originals bearing the original signature of both parties and when
so executed any such duplicate original shall be admissible as
proof of the existence and terms of the Agreement between the
parties.
This Agreement was executed and delivered as of the date
first written above in Ukiah, Mendocino County, California.
ATTEST:
iunto i, City Clerk
s: \djr \agrmts96 \Ukiah.uvs
October 15, 1996
By:
3
CITY OF UKI
r -d Sch° iter, Mayor
By:
ATTEST:
LA/4SL 101/
District Clerk
s: \djr \agrmts96 \Ukiah.uvs
October 15, 1996
4
UKIAH VALLEY SANITATION
DISTRICT
AIL/
, Chairperson