HomeMy WebLinkAboutContracts & Agreements_6A-1963i_
ORIGINAL
A G R E E M E N T
1 This agreement, executed on the _ 2�st day of May, 1963,
2 by and between the San Bernardino valley Municipal Water District,
3 a, municipal water district organized under the Municipal Water
4 District Act of 1911, of the laws of the State of California,
hercinafter referred to as the District, and the Clay of Bedl,ands,
6 a municipal corporation, hereinafter referred to as the City;
7 WITNESSETH, that;
8 WHEREAS,•the City is the owner and operator of a sewage
9 treatment plant, and;
10 WHEREAS, it is the mutual desire of the City and the
11 District to dispose of the liquid effluent from said plant in a
12 manner beneficial to the water supply of the Santa Ana River; and
13 complying with the rules and directives of the Pollution Control
14 Board;
15 NOW, THEREFORE, it is mutually agreed as follows:
16 I, DEFINITIONS
17 As used in this agreement, the fallowing termsshall be
18 deemed to have the meanings ascribed to them in this section:,
19 A. pollution Control Board:
20 The State Water Pollution Control Board of the State of
21 California, and the Regional Pollution Control Board,
22 having jurisdiction of the area.
23 B. Sewa e. Treatment Plant or Plant:
24 The sewage treatment plant constructed by the City during
25 the year 1963.
26 C. Spreading Grounds:
•27 Lands owned by the District, to which either District or
28 City holds a permit from the Pollution Control Board to
29 spread sewage effluent from the City.
30 II. OBLIGATIONS OF THE DISTRICT
31. A. The Distract agrees to pay to the City the sum of
32 money equal to the cost of placing a suitable pipeline from
the outfall of the sewage treatment plant to a point on the
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spreading grounds. The specifications of said lines and
the point of terminus on the spreading grounds shall be
selected by the District.. Said point shall not be beyond
the gravity flow of effluent from the plant and said sum of
money shall not be repaid to the District except under the
provisions of section III.E., hereof.
B. The District shall maintain the spreading grounds in
a condition to spread sewage effluent and shall spread such
amounts;7of sewage effluent as may be supplied by the City,
in such manner as to cause said effluent to become a part
of the underflow of the Santa Ana Riven The location at
which the effluent is actually spread for sinking within
the spreading grounds shall be at the discretion of the
District.
III. OBLIGATIONS OF THE, CITY,
A. The City shall, within a reasonable time after exe-
cution hereof,,present to the District a proposed set of
specifications covering the size, construction, cost and
spreading ground terminus of the pipeline referred to in
section II.A., of this agreement.
B. After selection of the specifications and spreading
ground terminus of the effluent pipeline, as described in
sections II.A.., and III..A., hereof, the City shall constr
said pipeline.
C. The City shall maintain the quality of the effluent,
delivered to the District for spreading, in compliance
with such standards as may be prescribed from time to
time by the pollution Control Board.
D. The City shall maintain the effluent pipeline in a
condition to supply effluent to the spreading grounds, and
to replace said line or parts thereof lost by flood or
other causes.
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E. Nothing in this agreement shall be construed as
requiring the City to supply any amount of sewage effluent' -
for spreading; however, its failure to supply effluent
during the calendar years 1964, 1965, 1966, 1967, and 1968,
shall cause a repayment of portions of the money paid to
the City pursuant to the provisions of section II.A.,
hereof, as in this section provided. if the City does
supply, to the District for spreading, not less than
seventy percent of the total effluent output from the
plant during the years listed in this section, no part of
the money paid to the City pursuant to section II.A., here -
'"' of shall be repaid to the District. if the City fails
during any of said years to supply to the District for
spreading, at least seventy percent of the total effluent
output from said plant, then the City shall pay to the
District the sum of money computed.by the following
formula:
S = T70-TS X P
T70 5
Wherein:'
S equals the sum of money to be paid by the City to
the District for that year;
T70 equals seventy percent of the effluent output from
said plant;
TS equals the amount of effluent actually supplied;
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p equals the amount of money paid by the District
pursuant to section II.A., hereof.
IV , oWNERSHIP
This agreement shall not affect the ownership of any
.property of the City or of the District. The City shall
remain sole owner of the effluent pipeline, and the District
shall remain sole owner of the spreading grounds. Neither
party shall be obliged to alter its use of its own property
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except as in this agreement specifically provided.
V , TERM OF AGREEMENT
The term of this agreement shall be a period of
years from date hereof.
V1. CONTRACTING OFFICERS
All notices, proposed modifications and adjustments, under
i
this agreement, shall be made to the General Manager of
the District, and to the
of the City, Any modifications and adjustments made by
such officers shall be effective only upon the consent of
or ratification by his governing body.
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the date first above written.
CITY OF REDLANDS
�•rs
I ATTEST:
(SEAL)
„ity Cl
ir
SAN BERNARDINO VALLEY
MUNICIPAL WATER . STRICT
By:e•�f�ti`L
President
ATTEST:
-• 4 --
C
Secretary
(SEAL)"