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HomeMy WebLinkAbout1975-05-06; City Council; 3355; Palomar Airport Sewer Agreement\ THE CITY OF CARLSFAD, CALIFORNIA 4 ,_-. GL Agenda Bi 11 r!o. a-r Date- 6, 1975 ‘0 Referred To: 33sr . Subject: Submitted By: Palomar Airport sewer agreement Public Works Administrat !/ j=A - Statement of the Matter , Palomar Airport has had a sewer connection to the Encina outfall line since the mid-196d's. For the last several years, City staff has been trying to formulate an agreement wi-th the. County to formalize the con- nection and determine fees and service charges to be paid by the County to the City. The attached agreement has been approved by County staff and, upon acceptance by the City, will be forwarded to the Board of Supervisors for their approval and execution. - ‘:- I -. -; Exhibit 1. Proposed agreement - 2: Resolution $0" ‘.3Ls9 . . . Staff Recommendations That the City Council approve the Palomar Airport sewer 'connection agreement and authorize the Mayor to sign on behalf of the City. I - _- *( 1 l l . . ( .- . . . AB No . . . . . . . Date?:.’ -v 6, ‘ig75 * . . . . s m . . . . . . . . . . a . . . . . l , . . : c . ;’ . . . . . . . . .- - . . . . ; . -, City Hanayer's Recommendation ‘\..\ . . . Concuy. '-I . . . .‘. . : . . m . . - . -. . . . . . * . . . ‘. . . . . . . . . - i . . . -. . . .- . . . I . . . . .- . . 1 Council Action . . \ . . . - . : * . 5-6-75 Resolution #3639 'was adopted, apTrovi,ng agreement‘for the Ralomar Airport s"eweF .connection. and authoriz-ing Mayor-to exe'cu-te same. . l * s . - . . . \;’ : - . . . . . : . . -. . -. .’ . . . -. . * . \ . . . . . . . . . 2:; . - : ,P ‘/ ,/-” 1 2 3 4 5 6 RESOLUTION NO. 3639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO RELATING TO SEWER SERVICE AT THE PALOMAR AIRPORT AND AUTHORIZING‘ THE MAYOR TO EXECUTE SAID II AGREEMENT II The City Council of the City of Carlsbad, California, does 7 hereby resolve as follows: 8 1. That that certain agreement between the City of Carlsbad 9 and the County of San Diego relating to sewer service at the / 10 Palomar Airport, a copy of which is attached hereto.as Exhibit A '11 and incorporated herein by reference, is hereby approved. 12 2. . That the Mayor of the City of Carlsbad is hereby authorized 13 and directed to execute said agreement for and on behalf of the 14 City of Carlsbad. '15 PASSED, APPROVED AND ADOPTED at a regular meeting of the City 16 Council of the City of Carlsbad, California, held on the' 6th 17 18 19 20 21 22 23 24 25 26 27 28 29 day of May I 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES: None ABSENT: None ATTEST: CY --(iW.< &?I? ROBERT C. FRAZEE; Mayo$ . “.*” . ; -, I”, * - AGREEMENT BETWEEN THE COUNTY OF SAN-DIEGO AND THE CITY OF CARLSBAD RELATING TO SEWER SERVICE AT THE PALOMAR AIRPORT This Agreement, made and entered into this 6th day of May. , 19 75, by and between the County of San Diego, . . a political subdivision of the State of California (hereinafter sometimes referred to as "County") and the City of Carlsbad, a municipal corporation (hereinafter sometimes referred to as "Carlsbad). WITNESSETH: WHEREAS, Carlsbad and the Vista Sanitation District entered into an agreement for the construction and ownership of a Joint Sewer System including a treatment plant and ocean outfall, said agreertient being entitled "Basic Agreement Between Vista Sanitation District and the City of Carlsbad for the Acquisition and Construction of a Joint Sewer'System", dated July 13, 1961, and bearing County of San Diego Contract No. 1858-21293; and WHEREAS, that "Basic Agreement" has been amended and supplemented by several agreements including the agreement entitled "Second Supple-, ment to Basic Agreement Between Vista Sanitation District and the City ' of Carlsbad for the Acquisition and Construction of.the Joint Sewer System", dated January 6, 1964, by which the Buena Sanitation District (hereinafter sometimes referred to as "Buena") became a party to said, "Basic Agreement", said "Basic Agreement" as so amended and supplemented being hereinafter sometimes referred to as ."Basic Agreement"; and WHEREAS, pursuant to Section 6 of the Second Supplement to the "Basic Agreement, Buena was authorized to construct, reconstruct, maintain, repair and operate a transmission system known as the . - - - -’ Buena Sewer, which‘was designated "Encinas.Outfall Sewer" on Exhibit E to the "Basic Agreement"; and WHEREAS, pursuant to Section 6 of the Second Supplement to the "Basic Agreement", Buena agreed to sell.to' Carlsbad capacity in the * "Encinas Outfall Sewer" to facilitate service to the populations in . "Area 'A"' and "Area 'B"' in the Carlsbad Service Area; as shown on said Exhibit E; and WHEREAS, in accordance with the terms and provisions of said Section 6, Buena leased to Carlsbad, with option to purchase, capacity in said Encinas Outfall Sewer, under the terms and conditions set out in the agreement entitled "Agreement Between the Buena Sanitation 'District and City of Carlsbad for the Lease by Carlsbad of Capacity in the Encinas Outfall of the Buena Sanitation District", dated July 20, 1966,.and bearing County of San Diego Contract No. 3405-2103-R; and . WHEREAS, the Palomar Airport, owned and operated by County, is within the Carl&ad Service Area and is included within the area served by the Encinas Outfall Sewer; and WHEREAS, County, through operations on the Palomar Airport property, has made use of the aforementioned sewer system and the trunk sewer, treatment plant and ocean outfall since December.13, 1966 without making'any payment therefor; and WHEREAS, Carlsbad has ihdicated that County should pay Carlsbad for County's past and future use of the sewer system, and the County desires to make payment to Carlsbad for such use in order to settle or compromise any'and all past, present or future claims which Carlsbad may have against the County forsuch use. . -2- . - - - - . NOW THEREFORE, the parties hereto agree as follows: Section 1. Provision of Sewer Service. - Carlsbad agrees to provide County sewer service for Palomar Airport under the terms and conditions set out below. Section. 2. Past Use. -- In order to settle or compromise any claims which Carlsbad may have now or in the future against the County for County's past use of the sewer system, County shall pay Carlsbad within 30 days of the effective date of this Agreement the sum of $695.00 for the following uses: a. January 1, 1967 to December 31, 1968: $53.00 (based on 'a flow'of 1,720 gallons per day) or.two years at 87,500 cubic feet per year at $.03 per 100 cubic feet. b. January 1, 1969 to June 30, 1971: $162.00 (based on a flow of 4,400 gallons per day) or two and one-half years at 216,000 cubic feet per year at $.03 per 100 cubic feet. C. July 1, 1971 to.June 30, 1975: $480.00 (based on a flow of 4,100 gallons per day) or 4 years at 200,000 cubic feet per year at $.06 per 100 cubic . feet. Section 3. Sewer Connection Charqe. County shall pay to Carlsbad within 30 days of the effective date of this Agreement, a one-time sewer connection charge in the amount of $l,OOO.OO for . County's use of the trunk sewer, the treatment plant and the ocean outfall. Upon payment of this fee, all equivalent units existing on the airport site as of the date this agreement is approved by the Carlsbad City Council shall be cdnsidered as having paid the sewer connection fee required by the City of Carlsbad. All equiva- -3- I . . _I, - i - - lent units constructed or added on the airport site after the date this agreement is ,approved shall be required to obtain a sewer connection permit from the City and pay all fees which may be . required by current City ordinance. Section 4‘. Annual Sewer Service Charge. County shall pay to Carlsbad an annual sewer service charge to be calculated as follows: For the year ending December 31, 1975, the rate shall be $.06 per 100 cubic feet and thereafter, on or before December 1 of the year prior to the calendar year for which the sewer system is to be used by County, Carlsbad shall advise County of the rate to be charged. Said rate shall in, no event be greater than that to be charged by Carlsbad to other commercial and industrial users, not within the City limits, during that year. County shall, after December 31 of each 'year, determine from the records of the Carlsbad Municipal Water District, the amount of water usage by each user on the Palomar Airport'property and shall so advise Carlsbad not later than February 1 of the following year. Cirlsbad shall calculate the sewer service charge due and shall .submit to County a statement of that amount due. County shall remit to within 60 days of receipt of the statement Section 5. Maintenance and Repairs. . responsible for any additional payment for tenance to the sewer system. \ Carlsbad the amount due from Carlsbad. County shall not be any repairs or for main- Section 6. Term. This Agreement shall commence on July 1, 1975 and shall run until terminated by either party as set out below. . . Section 7. Termination. Either party may terminate this Agreement upon ninety (90) days' written notice to the other party: provided, however, either party may terminate this Agreement at any time if the other party fails to meet or fulfil1 its obligations or violate any of the covenants, agreements, or stipulations as set forth in this Agreement. In the event of termination by either party, County's liability hereunder will be limited to the Pro rata share of the annual amount due for the sewer service used prior to the effective date of termination. Section 8. Administration of Agreement. The Public Works - Administratok,,County of San'Diego, or his designated representative shall represent County in all matters pertaining to this Agreement and shall administer this Agreement on behalf of County. The City Manager, 1 or his designated representative, shall represent Carlsbad . in all matters pertaining to this Agreement and shall administer this Agreement on behalf of Carlsbad. Section 9. Notices. All notices from one party to the other under this Agreement shall be mailed to the. following addresses: a. To County in care of Public Works Administrator, County of San Diego, at County Operations Center, ,5555 Overland Avenue, San Diego, California 92123. '. b. To Carlsbad in care of City Manager, City of Carlsbad, at City hall, 1200 Elm Avenue, Carlsbad, California 92008. Section 10. Inspection of Records. Carlsbad shall maintain ' - accurate .books and accounting records relative to this Agreement. Such books and/or records shall be open at.any reasonable time for inspection and/or copying by' the Public Works Administrator of the .” 11 - - - - . County of San Diego, the Auditor of the.County of San Diego or their designated representative. Section 11. Indemnification. a. County, its agents, officers and employees, shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or death of them, or any of them, caused by or resulting from any negligent acts or omissions of Carlsbad, or its agents, employees, or representa- tives, not inciuding liability by reason of acts or omission caused by ,CountyK its agents or employees. Carlsbad further . agrees to indemnify, and save free and harmless County and its authorized agents, officers and employees against any of'the foregoing liabilities, not including liability by reason of acts or omissions caused by County, its agents or employees, and tiny cost and expenses incurred by County on account of any claim therefor.' b. Carlsbad, its agents, officers, and employees, shall not be held liable for any claims, liabilities, penalties, fines or for any damages to persons or property caused by'or resulting from any negligent acts or omissions of County, its agents, employees, or representatives. County agrees to indemnify and save free and harmless Carlsbad and its authorized agents, officers or employees against an? and all the foregoing liabilities and any. . be modified at . costs incurred on account of any claim therefor. Section 12. Modification. This Agreement may any time by mutual written consent of.the parties. In 'the event.of annexation of the airport site to the City of Carlsbad, Section 4 of this Agreement shall be deemed'to be modified LK, . .* l to provide for a rate established on the'same basis as for other commercial ‘and industrial users within the City limits. Section 13. Integrated Document. This document fully expresses all understandings of the parties concerning the matters covered herein. No addition to or alteration of the terms of this Agreement and no verbal understanding of the parties,' and officers, agents or employees shall be valid unless made in the form of a written amendment to this Agreement and duly approved and executed by the parties' authorized representatives. IN WITNESS'WHEREOF, the parties have caused this Agreement to be executed the-date first above written. COUNTY OF SAN DIEGO BY c . . City Attorney City‘of Carlsbad \ - 7-