HomeMy WebLinkAbout55-26 - agreement between COU and UVSD re sewage11 15 19 2O 25 26 WAYNE P. BURKE P. ITY ATTn ~ NeY WKIAh, P. ali F. RESOLUTION NO, ~ ~SOLUTION iN RE AGREEMENT BE~Ei~,N CITY OF UKIAH AND 'UKI. A,H,,,,VALL~ .iii S.Ai. NI ~. A TI O N,. D,.I~ ~ICT RE. SEWAGE.___. The City Council of the City of Ukiah does Resolve as follows: The City Council of the ~it2 of Ukiah does hereby author- ize and direct the ~ayoD of the City of Ukiah to execute on be- half of Oity of Ukiah that certain Agreement entitled "AGREEMENT" a copy of which is attached hereto and mmde a part h,~reof. Said' Mayor is authorized to execute said "AGREEMENT"on behalf of City~ of Uktah,. De ted: This ~"-~_/~/' day of ~,J//~ .... , 1955 ATTEST: CI~ CLERK' Ti{iS :~G~EEREi.~r, made this__~~day of 1955, in duplicate by and between the CIfY O]~ U~iAH, C.~iiforn- ia, nere~naiter referred to as ~; , ,m~ City" ~d the V:~ ~' ~:A>~iTATIO~ OI~:T~I~T~ and through its Soaru Di- ...... " by ,~ ~' cf rectors, hereinafter referred to as ~'The Di~;trictr'~ ~iTNES $ ET H: was ~uly created and ,f'ozz:e,,':i !)y tho board of Su;~ervisors of Kendocino County on July 6th, !9'~, ~ ¢~ ~.or the purpose o= pro- riding s.¢r~ag~ facilities for the rapidly gro',,~ng ~incor- porazed areas suburban to the City of Ukiah, and ~?hereas, the CtfZ O>' L;KiAH is faced with an i~nedia~e n..em for greatly exp~ded se,¢a4~e disposal facilities for [)resent and future sewerage disoosal -, ~ '-~ r~ ~nereas, both of the contrac;zng ~:arties have made studies of the problem =zorn the standpoint of cost, 2re::ent and fut~e needs and feasability .. ann have concluded ti'~at joint f,~a~'~.~ties will best ~ ," ,* ~ ~ ....... ~,uooe, v~ the interests of th~:, --' ' 0:' UEi H and of the UKIA~ ~"';" ~'~"~ the nhabz~ant s thereof~ 1 The ¢*T~,v OF ,,Kid,ii hereoy agrees, ... ~ to availabilit/ of necessary financing, to ;::~ rcha~e and acquire land for the construction of, and to consider, ~uzl~: and -- =~,,~au ~., e~.:,tmen~ .and dis/~osal p..~..~zt adequate t~e.~tment and d~ .... of ~ >~ .... o.pooa! dewage collected from the Ct-fy bz~I.,,, and the UKIA~.]'" '" .... :"": ~.' .... lo position to be agreed upon by the contracting parties. 2. The UKIAH VALLEY S~WITATIO~'.i' DIS~.~iC~f hereby agrees, subject to availability of necessary financ~ to construct a sewerage trunk line extending from Ford Road, northerly of the ~'~' ~ ox'~y of Ukiah ~o the treatment plant referred to in Para- ~ra~oh 1 hereof adequate to serve both the DiEY~(iCT and the Ci'fY. · ~rovxded, however, that Paragraphs 1 and 2 hereof shall be li~ited as follows: The CIfY shall expend up to ~600,000.00 toward the objects set forth in ~' ~ ~r~gra~:,n~ ~ 1 hereof without ~rmzcipation'~-~ fzo,.~ ~he oi~r,-~!OT. All costs in excess of ~600,000.OO, however, shall be borne by the C!~fY and the Di~5~I'Y~ICT in the follo%,~ng pro- portions ' Two ~ .... . · -~nmrds oy the ~oifY and one-third by the Provided, further,, that the i.)ISTi~ICT shall expend up to '~300,0OO.00 for the objects a~d ourposes set fo:.%h in l~'aragraph 2 hereof ~-' ~. ~tn - out pa~icipation fro~ the City, provided, however~ that any cost in excess of 03OO ,000. 00 will be bo~e by the CiTY and the ~iSf~iCT jointlM on the following ?roportions: i~wo-thirds by the CITY and one third by the 4. Annual costs for treatment, including maintenance, expansion, and operation of the treatment ?lant and trunk sewer shall be appo~ioned ~etween the ~ITY~ and the ~I~ICT~~ ~ ~ based upon tho~ pro~o~ionate~ ~ n~nber of sewage connections :~ ~ ~ .... lacement and repair of said treatment plant sba~ ~ be treated as mainten- ance and not capital outlay~ and the DisT~i ~ shall not be charged with costs of amortization of said treatment ~lant. 5. The title, management and control of said sewerage treatment' plant shall ~ ~.' ~ ~ r~n .... m~ in the CIi~Y O~~ bKiAH~ ~he cindy shall maintain said o!ant and ~ ~ · ~ ~u~n~sh personnel for the mamntenance~ -2- operation a.nd coatrol of said plant. CITY also aoreos to service snd maintain the ~k line. 6. It is further understood and agreed that the CITY ~'~ir~s or corporations in will not contract ~,iu.h any persons, the unincorporated area who ar~ not 2n th~ SANiTA?[ ON DISTRICT * ..... atment of sewao~ for said persons, firms, or corporati for ~ ~ without tho consent of' the DISTRICT. 7. It is further understood an& a~reed that the DISTRICT will not cmtract ;~ith ar~' person, firm, or corporation out- st~e said SA~,~ITATiO~Q DiSfRiCT ~or ~r~atf~ent o~ sewage for said t'ii~mS CZ~ oorporatiu, ns w.~h,.,ut th(~ consent .gl the ~' ' ...... ~ the ~o~r! o~ ~ipcoto.r3 o[' the DISTRICT ~"z~i '-'~' '~ ty dou~c~l o CITY OF UK!kH shall ~.nsst together a'b sucl: timss m:.d places ~,.~, Zn any ' '~ at i~asL, ozzco ev'-r as they shall a~ ...... ye ars. ll~ ¥ilTi~.::;~b :~IiE?~EOF the parties hereto ha,re hero,to set their hands ths day an.2 year first hereinaOove written. -3-