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HomeMy WebLinkAbout50-13 AUTHORIZING EXECVTION OF ~ DISPOSAL A,~RE~i~mNT BET~JEEN T~ CO~ OF I~NDOCINO AND T~ CI~ 0F UKIAH .. ~SOL~D, by the City Co~cil of the City of'~Ukiah, California, that ¥~'I~AS, during the past year, the Co~muty of Mendocino has fo~d it necessary to fo~ the Coc~ane Sewer ~iainten~ce District ~d the Lewis Subdivision Sewer l~aintenmuce District, ~d, in its opinion, it will be necessary for the purpose of fin~cing the operation and maintenance of sewerage facilities installed such ~m~incorporated areas adjacent to the City of Uki~, which Districts are herein referred to, collectively, as "such Districts"; and W~REAS, the only available facilities for the collection, traatment and disposal of sewage from these unincorprated areas are those of the City of Ukiah; and '~VHEREAS, the sewerage facilities of the City of Ukiah can best be operated as a unit, and it is to the interest and advantage of both the City of Ukiah and the County of ~'~endocino that the responsibility for operation and maintenance of the entire sewerage system, including those in unincorporated areas outside the City of bVxiaL~, should be in the City, and that the County of i~endocino be relieved of such responsibility; V~,"~PuEAS, it is in the interest and to the advantage of the County of iviendocino and the City of Ukiah to enter into an agreement whereby the City becomes responsible for maintenance and acquires the right to collect cha-,-ges for its services; NO!~f, T~EFORE, IT IS ORDE~D that the Mayor of this City is hereby authorized and directed to execute, in duplicate, in the nsu~e of the City of Ukiah, an Agreement for Sewage 'Disposal Between the County of ~.~endocino And The City Of Ukiah, for the disposal of sanitary sewage emanating from such Districts, in form a copy of which is hereto attached and made a part hereof by reference, and the Clerk of this City is hereby directed to attest the signature of said ~(ayor, and to affix thereto the corporate seal. · I hereby certify the above and foregoing resolution was duly and regularly passed by the City Council of the City of Ukiah, California, at a meetmno thereof held on the ~ ~ day of ..... / - , ~ ~, - -- ~: by the following vote of the members thereof: 19_~~ , AYES, and in favor thereof, Councilmen: APPROVED: ? ~ayor NOES,Councilmen: ABSENT, Councilmen: ......... uity Oi~'~k .... S~AGF~ DISPOSAL AGR~MEN? COUNTY OF MENDOCINO AND THE CITY OF !FKIAH THIS AGR~;~NT, Made and entered into, in duplicate, this _~/ : ........ay of ~:.:.. .................................... ,1951, ~ by and between the County of Mendocino, herein called "County", and the City of Uki~J~, herein called "City", WHEREAS, d~ri~ the pa~t yea~, the Century has fo~d i necess~ to fo~ the Coc~'~e Sewer Mainten~ce District ~d the ~wis Subdivision ~!ainten~ce District, for the pu~ose of flnanci~.~ the operation and mainten~ce of sewerage facilities installed In the ~o aforementioned districts, ~ince~ated a~eas~ adjacent to the City of Ukiah, reich ~istricts are herein referred to, collectively, as "the Dist~Icts"; ~d W~~S, the only available facilities for the collection, treatment and disposal of sewage from these ~incorporated areas are those of the City; ~d W~REAS, the sewerage facilities of the City c~ best be operated as a 'shit, ~d it is to the interest and ad'v~tage of both the City and the County that the responsibility for ope~ration mainten~ce of the entire sewerage system, including those in petered areas outside the City, should be in the City, ~d that the ~o~ty be relieved of such responsibility; NOW, TME~:REFORE, IT IS AGRI~D, as 1. ~ Cowry shall construct all sewage collection facil- ities necess~y to connect all structures in the abovementioned Districts to the sewage treatment and disposal facilities of the City. Such const~ction shall be ~der the authority of the Co~ty ~d shall be perfo~ed in strict accordance with plans and specifications pa~ed by the Co~ty Su~eyor and app~ved by the Bo~d of Super- visors and the City Co,oil. 2. The City shall receive, treat, and disuse of all domestic aewa~e emanati~ from the Districts. 3. The City shall operate, ~intain, and repair all sewerage facilities cf the ?istricts, not including house laterals, and shall furnish all materials, labor and supplies necessary for the accom- plis~m~ent of this purpose. Repairs shall not include reconst~ction cf deteriorated lines, nor line replacement. 4. The City shall have the right to charge for its services rendered under this contract at the followi~ rates: For each connected unit o~tside the City limits, as follows, to-wit: Each Single P~uily ~e~li~ ~4.00 per unit per month Each Duplex P~uily ~elli~ $4.00 per f~ily unit per month ~i~ach Multiple Lwelling G~oup $5.00 per connection per month plus $2. O0 additional for each fa~! ly unit in excess of 3 units. Co~ercial Buildings $10.00 per unit per month for each 4" (or smaller) lateral connected. Industrial Installations To be dare,ned on an individual basis by the City Council upon t~e basis of available infornatlon. Services to be established under any of the foregoing sections s~Aall be granted to the property owner only, in areas approved formally by the City Council. All billin~i for services rendered shall be against the property owner and not the lessee. Bills shall be pre- pared and mailed by the City and may be collected together with and not separately from the City's wate~ bills. 5. This contract is made by the Co~uty for and on behalf of the Districts, and the obligations incmr~ed an~ the liability assumed by the Board of Supervisors is li~ited to that of the Districts and the taxing power of the ~ard of Supervisors therein. -2- ~. The County shall abide by all r~les ~d regulations of the City concerning the type an8 co~c~itm!On of sewage pe~itted to be deposited in the sewers of the City, and the Co~ty shall ~egulate ~d prohi it the ~.esidents of ~he ~:ist~icts from depositir~ "~n bhe sewerage system ~uy sewage ~:~ic.h, by the ~ules al-id ~egulattons of t~xe City, c~u no ~ ~~.~ In its sewe~a[;e system. 7. In case ~y dispute, difference o~ %~estion should arise between the pa~ties hereto 7 affect of this ~g~eement, it shall bo a~bit~ete~ and decided by two (2) a~bit~a~ors, one of which shall be elected by the City Council ~d the othe~ by ~he Bo~rd~ of gupervisorz, and their ~eci~on shall be bin~in~ and concl~slve; p~ovided, however, that if thc two ambi- tra~ors are not able to agree, they shal~ appoint a ~hird arbitrator ~ ~e ~ecision of any two (2) oF the~ shall be binc~n~.:~ and con- clusive. ~i~her p~ty may, before invoking ~he p~ovisions of this o~:~t ~he ms~ttc~~ in cont~ove?sy to a Co~t of competent junior, diction, in which event this pa~a~:~rap~ will not apply. S~. Thi~ IN V/ITN[~:SS ~.~'E~:~:~H]0F, t~:~.e Partlo~; hez~eto have cause~ these presents ~ec by ~heir resp~ct~ve officers t~e~eunto d~ly authorized, ~d have caused their official the day an~ yea~. first above wrlttcn CO~ OF M~;~CINO APPROVED A~ TO James E. Busch Ed Haehl County of. ~.,~endocino Wayne P. Burke C~,ty o f ~lah ATTEgT: