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HomeMy WebLinkAboutReso 1983-11267 RESOLUTION NO. 11267 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTAY WATER DISTRICT RELATING TO TRANSFER OF METROPOLITAN SEWERAGE SYSTErt CAPACITY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula vista that that certain agreement between THE CITY OF CHULA VI,STA, a municipal corporation, and OTAY WATER DISTR~CT, relatlng to transfer of Metropolitan Sewerage System capacl ty dated the 7th day of June , 19~, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by .~' , I /1 ~ ' , George D. Llndberg, City ')-c: d- Attorn~ Form 342 Rev. 7/82 JLA VISTA, CALIFORNIA, this 83 , by the following vote, to-wit: Moore, McCandliss, Scott, Cox, Malcolm Councilmen ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 7th day of June :-S. - . Y'ES: STAIN: SENT: Councilmen None Cot.rlcilmen Councilmen None None nE OF CALIFORNIA ) JNTY OF SAN DIEGO ) s s. Y OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11267 ,and that the same has not been amended or repealed. fED ( seal) City Clerk :-660 ,ase Heturn To: 'OR;- G ~'JL~ L' · M. Fulasz, City Oerl<J\GREEMENT TO PURCHASE 1.2 MILLION GALLONS PER DAY P. O. Box 1087 OF METROPOL ITAN SEWERAGE SYSTEM CAPACITY Vis~ ~onlla 92002 FROM CHULA VISTA BY THE OTAY WATER DISTRICT THIS day June (hereinafter (hereinafter AGREEME NT is hereby dated and eff ect i ve th is 7 th , 1983 and is by and between CITY OF CHULA VISTA sometimes referred to as IIChula Vistall) and OTAY WATER DISTRICT sometimes referred to as 1I0tayll). A. Otay Water District, due to certain requirements of the Regional Water Quality Control Board, is required to seek an alternative means of wastewater disposal in order to significantly reduce and/or eliminate use of its wastewater reclamation facility. B. Otay is now utilizing an emergency connection to the Spring Valley Sanitation District which discharges into the Metropolitan Sewage System (Metro) for ultimate sewage treatment and disposal. Such emergency connection is not intended to serve the long-term needs of Otay. C. Otay desires to obtain capacity rights in the Metro system to accommodate its long-term needs in the amount of 1.2 million gallons per day (MGD) . D. Chula Vista has determined that its present capacity rights in the Metro system are in excess of its current and long-term needs. E. Chula Vista is willing to sell 1.2 MGD of its excess Metro capacity. F. The IISewage Disposal Agreement of 196011 governs the transfer and/or sale of Metro capacity between agencies. G. The transfer and/or sale of Metro capacity is contingent upon determination by the City of San Diego that the proposed change wi 11 not unbalance the Metro system to the detriment of San Diego or other participating agencies. NOW, THEREFORE, incorporating the recitals of fact set forth above, and in consideration of the mutual covenants contained herein, the parties hereto agree as follows: COVENANTS 1. The Ci ty of Chul a Vi sta agrees to transfer to the Otay Water District one million two hundred thousand gallons per day (1.2 MGD) of capaci ty in the Metro system provi ded that such transfer is consented to by the City of San Diego. R-1l267 -t?- il ~67 lXXUMU'H No.B1?~_?fQ1."':O- ( FEB 2 11984 f"1 t r:: D________,_______ --------------------- C;Ti, Ci T, :: Ci,y elf K SAil Dle(;O, O.LlfORlii!1 2. Chula Vista agrees to execute a modification of the Sewage Disposal Agreement of 1960 as amended whereby the total capacity held by Chula Vi sta wi 11 be reduced by 1.2 MGD, and further agrees that the City of San Diego may contract with Otay for capacity service upon substantially the same terms and conditions as set forth in the Sewage Disposal Agreement of 1960. 3. Chula Vista and Otay hereby request the City of San Diego to prepare the appropriate modification to the Sewage Disposal Agreement of 1960 as amended for execution by Chula Vista, and to prepare an appropriate contract for execution by Otay whereby Otay will purchase from the City of San Diego 1.2 MGD of capacity upon substantially the same terms and conditions as set forth in said Sewage Disposal Agreement of 1960 as amended. 4. Otay agrees that in partial consideration of the transfer by Chula Vista, via San Diego to Otay of 1.2 MGD capacity in the Metro system, Otay shall assume that portion of the payments and obligations of Chula Vista relating to the said 1.2 MGD capacity, which portion is represented by an annual payment of $14,517.60 for a period of twenty years. The first such payment shall be due on the first day of February 1984 and subsequent equal payments shall be due on the first day of February of each successive year through February 2003. 5. Otay agrees that in further partial consideration of the transfer by Chula Vista of 1.2 MGD that Otay will make payments to Chula Vista in the annual amount of $54,200.00 for a period of twenty years with the first installment due on the first day of February 1983 or upon execution of this agreement. Subsequent equal payments shall be made on the first day of January of each successive year commencing in 1985 and through January 2003. 6. As an alternative to the installment payments set forth in Item 5 above Otay may elect to make a single payment in cash to Chula Vista within thirty days following the effective date of this agreement in the total amount of $532,170.00. Use of this single payment alternative does not relieve Otay of the annual payments to San Diego set forth in Item 4. 7. In the event that the capacity transfer is denied by the City of San Diego, any cash payment made under the provisions of Item 5 or Item 6 above will be returned to Otay by Chula Vista. 8. Chula Vista and Otay mutually agree to cooperate and assist in obtaining any and all approvals, or other documents which may be necessary to accomplish the intent of this agreement. 9. Chula Vista and Otay mutually agree that time is of the essence in the completion of all matters contemplated by this agreement. Both parties agree to use all diligence to complete all actions contemplated by this agreement at the earliest possible and convenient time. 10. This agreement may not be altered in whole or in part except by modification in writing, executed by both parties to this agreement. - 2 - ~-(lab'7 11. Partial Invalidity. If any term, covenant, condition or provision of this agreement is held by a court of competent jurisdiction or by an arbitration proceeding as provided herein to be invalid, void or enforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 12. Successors in Interest. Unless otherwise provided in this agreement, the terms, covenants and condit ions contained herei n shall apply to, inure to the benefit of, and bind the heirs, successors, executors, administrators and assigns of the parties hereto. Otay may assign its interests under this agreement, subject to approval of the City of San Diego, to any other government a 1 or pub 1 i c agency that may assume the operation of all or any part of Otay's sewer service. 13. Arbitration of Disputes. Any controversy or claim between the parties to this Agreement, including, but not limted to, any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by arbitration in accordance with the California Arbitration provisions contained in Code of Civil Procedure Section 1280, et seq., as amended from time to time. The arbitrator or arbitrators shall determine the rights of the parties in accordance with the law and the award shall be subject to review as to the arbitrator's application of the law by any court having jurisdiction of the matter, whether or not any mistake of the law shall appear on the face of the award. As to all questions of fact, however, the determination of the arbitrator or arbitrators shall be binding upon all parties and shall be deemed final and conclusive. Each party shall be entitled to written findings of fact and conclusions of law as to all issues determined by the award. Subject to the above limitations, the award granted by the arbitrator shall be binding upon all parties to the arbitration and judgment upon the award rendered by the arbitrators may be entered in any court having jurisidiction over the matter. 14. This agreement shall expire: A. if and when the transfer of capacity is denied by the City of San Diego; or B. upon submission of the final (2003) annual payment to Chula Vista by Otay; or C. upon submission of the alternative single cash payment to Chula Vista by Otay and the approval of the transfer by the City of San Diego; or D. when replaced by mutual agreement by both parties hereto. 15. The effective date of this agreement shall be the date of its approval by the Chu1a Vista City Council. - 3 - t<- l/{)6'7 IN WITNESS WHEREOF, the undersigned have executed thi s agreement as of the day and year first above written. CITY OF CHULA VISTA OTAY WATER DISTRICT By: Mayor f By: ~~- ~4.. A~-./-?~~~ APPROVAL OF TRANSFER BY CITY OF SAN DIEGO ,QL! .)JJ By: I HEREBY APPROVE the form and legality of the foregoi ng agreement thi s ~---rL-- day of /V\_AJ"-( t+ , 1984. ~SISTANT TO THE CITY MANAGER WPC 0480E JOHN W. WITT, City Attorney BY~~-+(~'~ - 4 - :t2- II d 67 rJ?...2'€D1. ;1_0 (R-84-1275) Adopted on 2fIOl~:O FEB 2 1 1984 RESOLUTION NUMBER R- BE IT RESOLVED, by the Council of The City of San Diego, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, a Consent to Agreement to purchase 1.2 million gallons per day of Metropolitan Sewerage System capacity from Chula Vista by the Otay Water District, under the terms and conditions set forth in the Consent to Agreement on file in the office of the City Clerk as Document No. RR- 2E,01...1:0 - I BE IT FURTHER RESOLVED, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, a Sewage Disposal Agreement of 1984 with THE OTAY MUNICIPAL WATER DISTRICT for participation in the San Diego Metropolitan Sewerage System, under the terms and conditions set forth in the Sewage Disposal Agreement of 1984 on file in the office of the City Clerk as Document No. RR 2€Olt1:0 ~ 2--- APPROVED: John W. Witt, City Attorney By ~(3 ~ ,~,-~it- Stuart H. Swett Chief Deputy City Attorney SHS:rc:420.8 1/30/84 Or.Dept:W.Utils. Form=r.auagr ?- l \ ~ 6'7 PAGE 1 OF 1 \- Passed and adopted by the Council of The City of San Diego on February 21, 1984 by the following votes: YEAS: Mitchell. Cleator. McColl. Struiksma. Gotch. Murphy. Martinez. Hedgecock. NAYS: None. NOT PRESENT: Jones. AUTHENTICATED BY: ROGER HEDGECOCK Mayor of The City of San Diego, California CHARLES G. ABDELNOUR City Clerk of The City of San Diego, California By BARBARA BERRIDGE Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. R- 2€C1.":O passed and adopted by the Council of The City of San Diego, California, on 2-21-84 California (SEAL) (Rev. 5/83) bb ~- ll~67 RESOLUTION NO. 2040 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF CHULA VISTA TO ACQUIRE 1.2 MGD OF SEWER CAPACITY IN THE METROPOLITAN SEWERAGE SYSTEM (W.O. NO. 909) WHEREAS, Otay Water District (herein "District") desires to acquire the right to dispose of 1.2 million gallons_per day (MGD) of sewage into the Metropolitan Sewerage System (Metro), and WHEREAS, the City of \ \ Chuta Vista has indicated it has ex- \ \ tra capacity in the Metro system 'which is available for transfer to the District on a permanent basis, and WHEREAS, District desires t6 enter into an Agreement with the City of Chula Vista to purchase 1.2 MGD of capacity in the Metro system. NOW, THEREFORE, BE IT RESOLVED that the President of the Board of Directors, the General Manager, District Secretary and/or the Assistant Secretary are hereby authorized and directed to execute an Agreement with the City of Chu1a Vista, in substan- tia11y the same form and content as Exhibit A, attached hereto and made a part hereof. +?- ((967 -1- PASSED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 6th day of June, 1983. ~a.~ Vice-President ATTEST: +2- IId6, -2- STATE OF CALIFORNIA) ) ss. COUNTY OF SAN DIEGO) I, Joyce A. Johnson, Secretary of the OTAY WATER DISTRICT, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2040' , duly adopted by the Board of Directors of the Otay Water District at a regular meeting, held the 6th day of June , 19 83 (SEAL) '1: ~ - ( I J-G 7 , ... .' ' ~-' fi C," r\.,'- '., r.~ '\ I . r!', 'j ~' ~ ,J!\iJ J ~ SEWAGE DISPOSAL AGREEMENT OF 1984 BETWEEN THE CITY OF SAN DIEGO AND r > ~ 'f1(2J&- '. THE OTAY M L WATER DISTRICT FOR PARTICIPATION IN ,;:;- THE SAN DIEGO METROPOLITAN SEWERAGE SYSTEM ;e/I.2b/ DOCUMU'!T f'jO.Cg~~o ~d- FEB 2 1 1984 Fll E D _____________________________ OffiCi:: C;; I-I,;:: CllY CL:,K SAN D-IeGO, CAUfOR,'lIA ,... . . .. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10 Section 11 TABLE OF CONTENTS Page Purpose of Agreement, Common Power to be Exercised, Termination . . 6 . . . . 7 7 . . . . 8 . . . . 9 San Diego to Administer. . The Metropolitan Sewerage System Term of Capacity Service . Time of Connection . . . . Limitations on Type and Condition of Sewage. 9 Administration, Maintenance and Operation. . . . . 10 Annual Service Charge for Capacity - Amount.'. . . 10 Annual Service c;harge - Payment Dates. . . . . . . 11 Annual Service Charge - Reduction thereof. . . . . 11 Administration, Maintenance and Operation Expenses. . . . . . . . . . . . . . .11 Section 12. Repair, Reconstruction and Replacement . 13 Section 13. Interruptions of Service . . . . . . . . 13 Section 14. New Constructiort .- . . . . . . . . . . ~ . 14 Section 15. Records and Accounts . . . . . . 14 Section 16. Insurance. . . . . . . . . . . . . 15 Section 17. Advisory Board . . . . . . . . . 15 Section 18. Manner of Giving Notice. . . . . . . . . 16 Section 19. Permitted Flow . . . . . . 16 Section 20. Acquisition of Additional Capacity . 17 Service from San Diego . . . . . . Section 21. Additional Capacity Service Back Payments. . . . . 18 Section 22. Adjustment of Capacity Service Between . . 19 Participating Agencies. . ....... Section 23." Participation of Agencies at Later Dates . . . . . 20 12- \ \ if-6' 7" J4.'.' Section 24. Arbitration. . . . . 20 Section 25. Option to Extend . . 22 Section 26. Reclamation of Water; Use of Digested Sludge . . . 22 Section 27. Time of Essence. . . . . . . . . 24 Section 28. Severability . . . . . . . . . . . . 24 Section 29. Annexation of Agency Area to San Diego . . . 24 Section 30 Termination of Prior Agreement . . . . . . . . . . 25 !" . ~-l\~67 ,'. ~ . THIS AGREEMENT is made by and between THE CITY OF SAN DIEGO, a municipal -vllf'J1//- corporation, herein called "San Diego," and OTAY !;t"" WATER DISTRICT, herein call "Dtay," or "Later Participating Agency," pursuant to Section 23 of the Sewage Disposal Agreement of 1960 pertaining to the Metropolitan Sewerage System. WHEREAS, increases in population have created an urgent need in the Metropolitan Area of San Diego for additional facilities for the collection, transmission, treatment and disposal of sewage, and predicted increases in population will multiply the severity of the sanitation problems with effects such as pollution of the waters of the San Diego area; and WHEREAS, to protect the health and safety of its citizens, San Diego has acquired and constructed facilities for the collection, ttansmission, and treatment and disposal of sewage and such facilities have been designed with sufficient capacity to provide for the expansion of and growth in population of San Diego, including annexation of outlying areas, and San Diego has expended some sewer revenues for rights of way and engineering therefore; and WHEREAS, such facilities have been designed for the predicted ultimate capacity, with some parts acquired and constructed later when needed; and WHEREAS, studies show ,that ~the present practices; of collection, transmission, treatment and disposal of sewage not only create sanitation problems for San Diego but also for the other cities and unincorporated areas that together with San Diego make up the San Diego metropolitan area, all of which drain into the waters of the San Diego area; and WHEREAS, the other cities and districts in the said metropolitan area have expressed a desire to participate in the sewerage program and their participation will result in a substantial monetary saving to them and to San ~- \\~bl 4 . ,'. J' ... Diego and will secure San Diego against pollution of underground, tidal, ocean and other waters and other dangers to public health; and WHEREAS, long term agreements are required for the purposes herein stated and San Diego has entered into sewage disposal agreements with said cities and districts (herein sometimes collectively referred to as "Participating Agencies," anyone of which is sometimes referred to as a "Participating Agency"); and WHEREAS, San Diego and each of the said Participating Agencies has the power to provide for the transmission, treatment and disposal of sewage and are authorized to contract with each other for the transmission, treatment and disposal of sewage; and WHEREAS, San Diego and said Participating Agencies are authorized to contract with each other for the joint exercise of; any common power under Title 1, Division 7, Chapter 5, Articles 1 and 2 of the Government Code; and WHEREAS, San Diego may, pursuant to the provisions of said Sewage Disposal Agreement, provide for participation in the Metropolitan Sewage System by a Later Participating Agency under terms and conditions deemed appropriate to the City Council of San Diego; and WHEREAS, Otay and San Diego entered into an Agreement on July 27, 1977 and a First Amendment thereto on October 11, 1983 on file in the Office of the City Clerk as Documents Nos. 766591 and RR-259404 respectively wherein Otay acquired emergency sewage disposal capacity in the San Diego Metropolitan Sewerage System; and ~mEREAS, since the execution of the aforementioned Agreement of July 27, 1977 and First Amendment Otay and San Diego desire to terminate, replace, and supersede said Agreement and First Amendment and establish a new Agreement for the disposal of sewage by means of firm capacity rights through a permanent connection to the San Diego Metropolitan Sewerage System; and +2- ttd6'? 5 l WHEREAS, the Dtay ~r water District has entered into an Agreement with the City of Chula Vista, a Participating Agency of the Metropolitan Sewerage System, for the transfer of 1.20 million gallons per day of capacity service in the Metropolitan Sewerage System wherein Otay agreed to assume that portion of the payments and obligations of the City of Chula Vista relating to the said 1.20 million gallons per day capacity; and WHEREAS, the aforementioned 1.20 million gallons per day of capacity is to be transferred provided the City of San Diego consents to such transfer as required under the terms and conditions of the Sewage Disposal Agreement between the City of Chula Vista and the City of San Diego; NOW, THEREFORE, the parties hereto, for and in consideration of the mutual covenants and agreeme~ts hereinafter stated and the performance thereof, and for other valuable and adequate consideration, do promise and agree for and on behalf of themselves and their successors in interest as follows: Section 1. Purpose of Agreement, Common Power to be Exercised, Termination. This agreement made under ~he provisions of the pharter of the City of San Diego, and the laws of the State of California, and under Title 1, Division 7, Chapter 5, Articles 1 and 2 of the Government Code, is for the purpose of providing facilities for and the transmission, treatment and disposal of sewage, and each public agency (San Diego and the Later Participating Agency) has in common the power to acquire, construct, maintain, repair, manage, operate and control facilities for said purpose. Said purpose will be accomplished and said common power exercised in the manner hereinafter set forth. After completion of said purpose, to wit, at the end of the term of this agreement or of any extension thereof, any surplus money on hand shall be returned in proportio~ to the contributions +2-- l\JG7. 6 " . . made (surplus from contributions of the Later Participating Agency being amounts, if any, paid by the Later Participating Agency for M & 0 expenses under Section 11 hereof in excess of the sums required to be paid thereunder for actual M & 0 expenses). Section 2. San Diego to Administer. San Diego shall, subject to the restrictions set forth in the City Charter, as such Charter now exists or as hereafter amended, administer and execute this agreement and do all acts necessary for the exercise of said common power for said purpose. San Diego shall receive all money paid by Later Participating Agency under this agreement and disburse all money spent in connection with the Metropolitan Sewerage System. Section 3. The Metropolitan Sewerage System. San Diego shall acquire, ,construct, maintain, ,repair, manage, operate and control facilities for the transmission, treatment and disposal of sewage. Said facilities are hereinafter sometimes collectively referred to as "The Metropolitan Sewerage System" and shall consist of interceptor sewers, pumping stations, outfall sewer, sewage treatment plant and ocean outfall, all as generally described and shown on Exhibit A attached hereto and made a part hereof. The dup~icate ,originals of said Exhibif A are on file in the office of the City Clerk of The City of San Diego. The Metropolitan Sewerage System shall be owned solely by San Diego. San Diego, by the approval of a charter amendment, is obligated to pay said cost and expense only from construction funds derived from the sale of such sewer revenue bonds of the City as may be duly authorized and from monies in and sewer revenues which go into the Sewer Revenue Fund of San Diego. Nothing in this section or in this contract shall obligate San Diego to make any payment for the acquisition, construction, maintenance or operation of the Metropolitan Sewerage System from monies derived from taxes or from any income and revenues which go into the Sewer Revenue Fund and from ~- \\;)-67 7 ... construction funds derived from the sale of such sewer revenue bonds as are duly authorized. Nothing in this contract shall be construed to obligate San Diego to pay from its annual income and revenues any sum which would create an indebtedness, obligation or liability within the meaning of the provisions of Section 40 of Article XIII of the Constitution of the State of California. Nothing in this section, however, or in this contract shall prevent San Diego, in its discretion, from using tax revenues or any other available revenues or funds of San Diego for any purpose for which San Diego is empowered to expend monies under this contract. Section 4. Term of Capacity Service. For the purpose of this agreement "average flow" shall mean the discharge of sewage expressed as a rate of flow in million gallons a day (mgd), and shall be computed by dividing the total gallons discharged during the fiscal year by the number of days within said year. San Diego agrees that from the time Otay connects to the facilities of the Metropolitan Sewerage system in accordance with the provisions of Section 5 hereof until August 31, 2003, it will receive sewage from the sanitary sewer system of Otay in an average flow not to exceed in any event 1.20 million gallons a day,. and will convey, treat, and d~ispose of such sewage through the Metropolitan Sewerage System, and Otay shall have and are hereby let the right each year during said term to discharge into the Metropolitan Sewerage System not to exceed in any event 1.20 million gallons a day (mgd) average flow upon performing its agreements and covenants herein contained (said right is hereinafter sometimes referred to as llcapacity service"). The sewage shall be discharged into said Metropolitan Sewerage System through connection at a point or points to be established by by mutual agreement of the parties. The extent of Otay's use of said System shall be determined by measuring devices or by other mutually acceptable means. If measuring devices are utilized, they shall be installed at a ~oint or points designated k<'- \\;)-6'7 8 .. by San Diego. All connections to said System for the purpose of said discharge and the installation of said metering devices, if utilized, shall be made at the sole cost and expense of Otay and shall be made under the supervision of an officer or employee of and designated by San Diego, and shall be performed to the satisfaction of and subject to the approval of San Diego. Section 5. Time of Connection. Unless otherwise provided by separate mutual agreement between San Diego and Otay, Otay shall not be considered connected to the Metropolitan Sewerage System as a Later Participating Agency until such time as this Agreement is executed by Otay and San, Diego. Section 6. Limitations on Type and Condition of Sewage. The Later Participating ~gency herein expressly agrees to the following separate, distinct and cumulative limitations: A. The Later Participating Agency shall not discharge into the Metropolitan Sewerage System any sewage or wastes which do not meet the standards established by San Diego under appropriate ordinances, resolutions, rules and regulations. The Later Participating Agency shall regulate and prohibit,tqe qischarge into the Lat~r Participating Agency's Sanitary sewage system of sewage and waste which do not meet the quality and standards so established by San Diego. The Later Participating Agency shall also comply with the applicable statutes, rules and regulations of agencies of the United States of America, the State of California. and the County of San Diego, having jurisdiction over the collection, transmission, treatment and disposal of sewage and wastes. B. The Later Participating Agency shall not allow excessive infiltration or any surface or storm waters into its Sanitary Sewer System or into any other sewer facilities emptying into its Sanitary Sewer System or into any other sanitary sewer facilities over which it 9 ~- l\~~7 .. ~ . . has control. The Later Participating Agency shall not allow cooling water or other unpolluted industrial waste to be discharged into such sewer system or facilities without the written consent of San Diego thereto. C. The Later Participating Agency shall not discharge into The Metropolitan Sewerage System any sewage originating outside the boundaries of the Later Participating Agency without the written consent of San Diego. Section 7. Administration, Maintenance and Operation. San Diego shall operate, maintain, manage and control The Metropolitan Sewerage System in an efficient and economical manner and maintain and preserve it in good repair and working order, all in accordance with recognized and sound enginee~ing practices. San Diego agrees to convey, treat (including chlorination, if required) and dispose of all sewage received into the Metropolitan Sewerage System under the terms of this contract in such manner as to comply with all applicable laws, rules, and regulations. Section 8. Annual Service Charge for Capacity - Amount. Otay shall pay San DiegQthe sum of Fourteen Thopsand Five Hundred Seventeen and 60/100 ($14,517.60) annually for 1.20 mgd capacity in the Metropolitan Sewerage System. The obligation to pay said sum shall commence at the time of the execution of this Agreement by Otay and City subject to the provisions contained herein and extend to August 31, 2003. Otay shall pay the full annual service charge for capacity upon execution of this Agreement or February 1, 1984 whichever is later. The obligation to pay the full annual service charge shall continue in accordance with the provision of section 9 hereof on February 1, 1985 and each year thereafter through February 1, 2003. The final annual capacity charge due on February 1, 2004 shall be $2,419.60. 10 . ~- \\d.-67 Section 9. Annual Service Charge - Payment Dates. Otay shall pay the Annual Service Charge for capacity (Section 8 above) in one (1) installment on the first day of February during each fiscal year. Otay agrees to provide a sum sufficient for such payment in its budget or other program of expenditures, but in any event shall make the payment for each fiscal year promptly on February 1, as herein required. Section 10. Annual Service Charge - Reduction thereof. In the event that City effects any saving by the issuance subsequently of refunding sewer revenue bonds at a lower rate of interest than that paid on the initial sewer revenue bonds of 1961 thereby refunded, then, and only in such event, the actual annual service charge thereafter of the Participating Agency during the balance of the term hereof shall be recomputed to reflect such lower rate, after adjustment for all expenses of or connected with the refunding and any premiums paid upon call of the bonds refunded. Section 11. Administration, Maintenance and Operation Expenses. All administration, maintenance and operation expenses (including overhead) of The Metropolitan Sewerage System (herein sometimes referred to as "M & 0" expenses) shall be paid by San Diego. To compensate San Diego therefor, insofar as sewage .treated and disposed of fmanates from Otay, Otay shall pay to San Diego in each fiscal year an amount equal to that proportion of the total M & 0 expenses which the actual amount of sewage received that year from Otay bears to the total actual quantity of sewage handled and treated that year in The Metropolitan Sewerage System. The amount which Otay is to pay to San Diego under this section shall be determined in accordance with recognized accounting principles. Not later than May 1st in any year San Diego shall estimate M & 0 expenses for the ensuing fiscal year and on or before said May 1st shall notify Otay of the estimated amount it should pay to compensate San Diego for M & 0 expenses of handling sewage from Otay for such ensuing fiscal year. 11 ~- n ~ 67 The estimated amount shall be paid to San Diego in four (4) equal installments at the times hereinafter stated; provided, however, that the amount of the first installment of each succeeding year shall be adjusted to reflect the actual expenses and flows of the previous year as they may differ from the amounts which had been estimated for the previous year. The first installment shall be payable on September 1st, the second on December 1st, the third on March 1st, and the last on June 1st. It shall be the duty of Otay to include the sum of M & 0 expenses in its budget or other program of expenditures, but in any event to make the payments promptly at the times the same come due. The first payment on account of M & D expenses shall be made by Dtay on the date that it commences to discharge sewage into The Metropolitan Sewerage System and the execution of ~his agreement by Otay and The City of San Diego though such date does not correspond with one of the quarterly dates as aforesaid. The second payment, however, shall be made on the next succeeding quarterly date as stated in the preceding paragraphs and thereafter payments shall be made on such quarterly dates as aforesaid. For the first payment San Diego shall estimate the date on which it will be due, the amount thereof, and the amount for .such first fiscal year o~ remaining portion thereof and the amount to be paid on each payment date during said fiscal year, and shall notify Otaythereof. Any overpayment or underpayment shall be credited or billed as herein before provided. San Diego and Otay recognize their agreement of 27 July 1977 and the First Amendment thereto for Emergency Capacity Services in the Metropolitan Sewerage System and payments made to the City by Dtay for sewer services thereunder. For purposes of determining the first year's D & M expenses due from Otay, the total sewage flows received from Dtay pursuant to the aforementioned Emergency Capacity Service Agreement and this Sewage Disposal Agreement of 1984 for the fiscal year commencing July 1, 1983 and thereafter 1<-l\db7 12 . . shall be used to determine the portion the actual amount of sewage received from Otay bears to the total quantity of sewage handled and treated in the Metropolitan Sewerage System. In addition. the resulting proportionate amount of 0 & M expenses so determined to be paid by Otay shall be reduced by all payments to City by Otay pursuant to said Emergency Capacity Service Agreement for the fiscal year commencing July 1. 1983 and thereafter. No payment on account of M & 0 expenses shall be withheld by Otay because of any dispute as to the amount thereof. Such payment shall be made with a notation as to the portion thereof in dispute. Any amount determined by competent authority or by arbitration to have been improperly allocated to Otay shall be refunded to Otay by San Diego. Section 12. Repair. Reconstruction and Replacement. The Metropolitan Sewerag~ System shall be maintained by San Diego in good repair and good working order in accordance with sound engineering practices. It shall be the duty of San Diego to make repairs on The Metropolitan Sewerage System and to make replacements (including reconstruction) required to keep said facilities in good operating condition. Except as provided in Section 13 hereof, all repairs, reconstruction and replacements shall be part of the. maintenance costs. Section 13. Interruptions of Service. In the event of major interruption of service to Otay from The Metropolitan Sewerage System as a result of disaster, operation of state or federal law, or other causes beyond San Diego's control, Otay may discontinue M & 0 for the period of such interruption. Otay in such event may also discontinue payments for its annual service charge, but if that is done, San Diego shall be under no obligation to restore service to it when The Metropolitan Sewerage System service is resumed. If Otay elects to continue paying its annual service charge during the interruption San Diego shall, using any legally available means and resources at its disposal, restore 13 . tz- \ \ d- 6 '7 . .' s~rvice' from The Metropolitan Sewerage System equivalent to the service prior to the interruption. Section 14. New Construction. San Diego may propose additions or improvements to The Metropolitan Sewerage System which are not included in the system as set forth in said Exhibit A. Any such proposal shall describe the proposed additions or improvements, the estimated cost thereof, and the additional charge (annual or otherwise), or method of computing such additional charge, to be paid by each respective Later Participating Agency therefor. If San Diego and the Later Participating Agency enter into an agreement pertaining to such proposed additions or improvements and the additional charge (annual or otherwise) to be paid by said Later Participating Agency for the use of said additions or improvements, S~n Diego shall proceed to acquire and construct the proposed additions or improvements in accordance with the terms of said agreement. If The Later Participating Agency does not agree to the construction of the additions and improvements and the additional charge (annual or otherwise) to be paid by it, San Diego, nevertheless, may proceed to acquire and construct the proposed additions or improvements and if each or either Later Participatiqg 4gency uses said additions or improvements, it shall pay for said use an annual rental, which annual rental shall be fifteen percent (15%) of the cost of that portion of the additions or improvements used by the Later Participating Agency plus its share of the M & 0 expenses of the additions or improvements computed as provided in Section 11 hereof, and said annual rental shall be payable at the same times as the annual service charge. Section 15. Records and Accounts. San Diego shall keep proper books of records and accounts in which complete and correct entries shall be made of all costs and expenses, receipts and disbursements, relating to the acquisition, construction, 14 t<- t \ J G 7 ,. administration, maintenance, operation and repair of The Metropolitan Sewerage System. Said books and records shall, upon written request, be subject to inspection by any duly authorized representative of the Later Participating Agency. Said books and accounts shall be audited annually by an independent certified public accountant or firm of certified public accountants appointed by San Diego and a copy of the report of such accountant or accountants shall be given to the Later Participating Agency. The expense of said audit and report and all record keeping and accounting costs shall be a cost of operation. Said books of records and accounts may be a part of the books or records and accounts in which are entered the receipts into and disbursements from the "Sewer Revenue Fund." Section 16. Insurance. San Diego shall at all times maintain with responsible insurers such insurance against loss or damage to The Metropolitan Sewerage System as is customarily maintained with respect to works and property of like character. San Diego may also maintain with responsible insurers workmen's compensation insurance and insurance against public liability and property damage. The premiums on all such insurance ~shall be part of M & P expenses. With respect to public liability and/or workmen's compensation insurance, San Diego shall be regarded as a responsible insurer for purposes of this section; and if San Diego shall elect to act as its own insurer for all or part of such risks it shall be entitled to receive premiums equivalent to those prevailing for such insurance, which premiums shall be regarded as M & 0 expenses. Section 17. Advisory Board. San Diego shall create a Board of Advisors to render advice on the sanitation problems of the metropolitan area, including but not limited to, the maintenance, operation, extension, addition and improvement of the Metropolitan Sewerage System. The recommendations of said Board shall be K~Ud-67 15 . ~ advisory only. Said Board shall be composed of one (1) representative of San Diego and one (1) representative of each Participating and Later Participating Agency. Upon written notice from San Diego, the Chief Executive of the Later Participating Agency shall appoint its representative to sit on said Board at the pleasure of the appointing power. Section 18. Manner of Giving Notice. Notices required or permitted hereunder shall be sufficiently given if in writing and if either served personally upon or mailed by registered or certified mail to: City Clerk of The City of San Diego City Administration Building 202 "e" Street San Diego, California 92101 Board of Directors Gtay .ml~ Water District 10595 Jamacha Boulevard Spring Valley, California 92078 or such other person and address as either party shall advise the other in writing. Section 19. Permitted Flow. For the purposes of this agreement, "permitted flow" shall mean the amount of sewage allowed to be discharged by Gtay into the Metropolitan Sewerage System and measured as either an average flow or a peak flow; and "peak flow" shall mean the maximum instantaneous discharge of sewage expressed as a rate of flow in cubic feet per second (cfs). During the term of this agreement, Gtay shall have the right to discharge peak flow into the Metropolitan Sewerage System not to exceed 2.8 cubic feet per second, and San 16 . ~- l \ 9- 67 Diego shall have the obligation to receive such peak flow from Gtay. Temporary increases in the permitted peak flows resulting from rainfall shall not be considered violations of this agreement; provided, however, San Diego is not obligated to receive from Gtay, nor is Gtay privileged to discharge into the Metropolitan Sewerage System any amounts in excess of the total permitted peak flows under this agreement which would endanger the public health or safety. Section 20. Acquisition of Additional Capacity Service from San Diego. The Later Participating Agency's capacity service set forth in Section 4 hereof may be increased by the acquisition of additional capacity service. The Later Participating Agency shall apply to San Diego for such additional capacity service, stating the amount of additional capacity it desires. San Diego shall then determine i~ additional capacity can be made available for the Later Participating Agency. In making such determination, San Diego shall consider the designed capacity, the capacity necessary for. its use and the capacity service of all other initial or Later Participating Agencies. The capacity service of any other Participating or Later Participating Agency shall not be reduced without the consent of the governing body thereof expressed in writing. . San Uiego shall also determin~ whether increasing the capacity service of the Later Participating Agency will unbalance the Metropolitan Sewerage System of San Diego or one or more of the other Participating or Later Participating Agencies. If the above-stated determinations show that the application should be denied, San Diego shall notify the applicant accordingly. If the above-stated determinations show that the application should be granted, San Diego shall notify Agency that its application is granted and the date on which its capacity service will be increased to the amount applied for. After said date, the annual capacity service charge of the Later Participating Agency shall be increased to cor~espond with its new capacity service. 17 t<-Ud-67 If the increase is made during a fiscal year and not at the beginning thereof, the first payment for such increase shall be made on February 1 of such fiscal year or on the date the capacity service is increased, whichever is later, and shall be that portion of the increase in the annual service charge determined by the proportion which the period from the date of increase to the end of the fiscal year bears to the entire fiscal year. Section 21. Additional Capacity Service - Back Payments. After said date of increase of capacity service, the annual payment of the Later Participating Agency for its capacity service for each year shall also be increased by an additional amount to be known as "Deferred Rental." The total amount of such Deferred Rental shall be the total amount of the capacity service charge which the Later Participating Agertcy would have paid for such additional capacity ,service from the time the Metropolitan Sewerage System commenced operation to said date of increase plus a ten percent (10%) surcharge for obtaining such additional capacity service. If on the date the application is granted, the Engineering News Record Cost Index shows that construction costs have risen more than ten percent (10%) from the date when the Metropolitan Sewerage System commenced operation, said surcharge shall be increased by the percentage .of ~increase in construct~on costs thus shown. In the event that the Engineering News Record Cost Index is not continued to the date of request for additional capacity service, the acknowledged successor index thereto shall be used for the purpose of determining the amount that construction costs have increased. Such total amount of Deferred Rental shall be divided by the number of years (plus any fraction of a year) of the remaining period of this agreement (not including any extension thereof) and the annual amount so determined (sometimes hereinafter called "Annual Deferred Rental") for each full fiscal year shall be payable with the annual service charge on February 1 of each fiscal year; however, for that portion of a fiscal year (if any) from the 18 ~- II g. 6 7 " 19 . ~- u~67 . capacity service charges changed to correspond therewith. The Participating Agencies effecting a transfer shall notify the City that such responsibility has been transferred and may recommend to the City the amount of capacity service which should be transferred, which recommendation shall be advisory only. The amount of capacity service to be transferred shall be determined by the City but in no case shall the capacity service of a Participating Agency be reduced without the agreement of such Agency. No such transfer shall be come effective until The Participating Agencies shall execute appropriate amendments to their contracts with the City reserving to such transferee Participating Agency the additional capacity service and deducting such capacity service from the capacity service of the transferor Participating Agency and obligating the transferee Participating Agency to make the additiona~ payments and relieving such transferor Participating Agency of the obligation to pay the proportionate part of its annual service charge represented by the capacity service transferred. Section 23. Participation of Agencies at Later Dates. San Diego may contract with other cities, districts, public bodies and agencies of all types (hereinafter sometimes referred to as "Later Participating Agency"). for c.apacity service in the Mftropolitan Sewerage System. Section 24. Arbitration. Except as otherwise provided herein, all controversies arising out of the interpretation or application of this agreement or the refusal of either party to perform the whole or any part thereof shall be settled by arbitration in accordance with the provisions of this section, and where not provided by this section, in accordance with the statutory provisions of the State of California then in force. The controversy shall be submitted to a board of three (3) arbitrators which shall be appointed, one (1) by San Diego, one (1) by the Later Participating Agencies, and the third by the 20 \2- \\967 " first two'. The party desiring arbitration shall notify the other party by a written notice stating the following: (1) that it desires arbitration, (2) the controversy to be arbitrated, (3) that it has appointed its nominee, and (4) that it requests the other party to appoint its nominee. Within thirty (30) days from the receipt of said notice, the other party shall appoint its nominee. Within fifteen (15) days after the last party has appointed its nominee, the two (2) nominees shall appoint the third. None of the arbitrators shall be a resident of, or taxpayer in, or own property in, or have a place of business in or be employed in or by, or have any contract with, or be an officer or employee of, either party. The arbitration board shall hold at least One (1) hearing and at least ten (10) days before said hearing shall give each party written notice thereof. The arbitration shall be restricted to matters rel~tive to that stated in the notice requesting arbitration. The arbitration board shall have no authority to add or to subtract from this agreement. Each party shall be given an opportunity to be heard and to present evidence. Upon conclusion of the hearing or hearings, the arbitration board shall reduce their findings of fact, conclusions of law, and the award to writing, and shall sign the same and deliver one (1) signed copy thereof to each ~ublic agency. Such award shall be final and binding upon both parties. A majority finding shall govern if the Arbitrators' determination is not unanimous. Each party shall pay its own expenses, including the expenses of the arbitrator, and the administrative costs of the arbitration proceedings shall be shared equally. This section and its procedure shall apply also to controversies between two or more Participating or Later Participating Agencies arising out of the interpretation or application of this agreement or the refusal of either Participating or Later Participating Agency to perform the whole or any part thereof. In such case, the board of arbitrators shall consist of one (1) member appointed by each Participating or Later Participating Agency which is 21 ' ~- Ua-B7 " .' a party tv such controversy and one (1) member appointed by San Diego. All arbitrators shall be disinterested as above set forth. The parties to any arbitration proceeding held under the provisions of this contract or contracts between San Diego and other Participating or Later Participating Agencies shall notify every Participating or Later Participating Agency not a party thereto of such arbitration proceedings, and any Participating or Later Participating Agency which is not a party to the arbitration shall have the right to be represented at such proceedings by an observer designated by such Agency. Any controversy which can be determined by an engineer's findings and which under this section could be submitted to arbitration, may, if the parties thereto agree in writing to do so, be submitted to a named engineer who shall be the sole arbitrator. Such engineer shall be a registered civil engineer of the State of California, and shall be disinterested as herein before in this section required of arbitrators on an arbitration board. He shall proceed in the same manner and shall make findings, conclusions, and an award in the manner provided herein for an arbitration board. Section 25. Option to Extend. In the event Otay-is not-in default under this agreement, they may, at their option, extend such agreement for a period of ten (10) years upon the same terms and conditions as are herein set forth. Such option to extend must be exercised in writing by Otay not earlier than eighteen (18) months and not later then one (1) year prior to the expiration of the term of this agreement. Otay shall have the same capacity service during such extended term as it had at the expiration of the original term of this agreement. Section 26. Reclamation of Water, Use of Digested Sludge. At any time during the term of this agreement or any extension thereof, San Diego, at its own expense, may and shall have the right to reclaim water from any sewage in the Metropolitan Sewerage System_and to install at any 22 k<- L\ d-67 ,., place or places in such System works or facilities for the reclamation of water from sewage. The cost of such reclamation of water shall be the sole expense of San Diego, but the Later Participating Agency shall remain liable for its portion of M & 0 expenses (including primary sewage treatment disposal), which cost shall continue to be determined as hereinbefore provided in this agreement. In the event the water reclamation facilities are placed at some point on the Metropolitan Sewerage System other than the treatment plant constructed as a part of the Metropolitan Sewerage System, the Later Participating Agency shall continue to pay its portion of M & 0 expenses (including primary sewage treatment and disposal) computed, however, on the volume of sewage as determined at the point or points of intake of such sewage from the Later Participating Agency, plus estimated inflow from leakage. Any water reclaimeq by San Diego from any sewage in the Metropolitan Sewerage System shall be the property of San Diego. The construction and operation of water reclamation facilities under the provisions of this section shall neither reduce nor increase the annual service charge of the Later Participating Agency. At any time during the term of this agreement or any extension thereof, San Diego or any Participating .or Later Participating Agency, each at its own expense, may and shall have the right to remove digested sludge from the treatment plant for use as a fertilizer material for development of public property within its respective boundaries. Should the quantities of digested sludge available for use under the provisions of this paragraph be inadequate to supply the requests of San Diego and any or all of the Participating or Later Participating Agencies, San Diego and each Participating or Later Participating Agency shall be entitled to that portion of the available quantity of digested sludge determined by the proportion which the capacity of each Participating or Later Participating Agency and of San Diego bears to the total designed capacity of the Metropolitan Sew~rage System. Neither San 23 ~- l' if 6' 7 .. .- Diego nor any Participating or Later Participating Agency shall have the right to permit any other person. firm. corporation or public agency of any kind or nature to use the digested sludge unless there exists a surplus of such digested sludge over the requirements of San Diego and all Participating or Later Participating Agencies under the provisions of this paragraph. The removal of digested sludge for use as a fertilizer material under conditions and methods prescribed by San Diego shall be under conditions which will not detrimentally affect the operation of the treatment plant. Nothing in this paragraph shall prohibit the disposal of digested sludge by San Diego as part of the operation of the sewage treatment plant in the event that San Diego or Participating or Later Participating Agencies do not utilize all of the sludge under the provisions of the paragraph. Section 27. Time of Essence. Time is of the essence in this agreement. Section 28. Severability. If any section. subsection. sentence. clause. phrase. or word of this agreement. or the application thereof. to either party. or to any other person or circumstance is for any reason held invalid. it shall be deemed severable and the vali4it~ o.f t.he remal.nder of the a~reement or the application of such provision to the other party. or to any other persons or circumstances shall not be affected thereby. Each party hereby declares that it would have entered into this agreement and each section. subsection. sentence. clause. phrase, and word thereof irrespective of the fact that one or more section, subsection. sentence. clause. phrase. or word. or the application thereof to either party or any other person or circumstance be he ld invalid. Section 29. Annexation of Agency Area to San Diego. In the event the area served by Dtay is annexed to San Diego. this agreement is null and void with respect to Dtay obligation to pay annual 24 +?-t\d6'7 .. J> charges for capacity and maintenance and operation expenses from that time forward. For purposes of determining the date of cessation of those charges, annexation shall be deemed to have been completed upon the date when the documents reflecting said annexation, if any, have been filed with the Secretary of the State of California. However, all property in Otay shall from that time forward be liable for normal sewer service charges pursuant to the ordinances and policies of San Diego. Nothing in this section shall be construed as relieving Otay of any obligation concerning bonded indebtedness or otherwise which has been incurred prior to said annexation. Section 30. Termination of Prior Agreement. From and after the effective date of this Agreement, the Agreement of July 27, 1977 between Otay and San Diego relating to emergency sewer capacity in the San Diego Metropolita~ Sewerage System including any and all subsequent amendments thereto shall terminate and all rights, duties, and obligations of the parties respecting the subject matter of said agreement shall be controlled by this Sewage Disposal Agreement of 1984. .1tJ'J2i,- IN WITNESS WHEREOF, OTAY !.~~-. J 1 AL. WATER DISTRICT, caused this instrument Reso1utio~ to be executed by its respective officials, pursuant to D___J O~JLl ~~ No. 2091 , adopted hy the Board of Directors. of said District; and this instrument is executed by THE CITY OF SAN DIEGO, acting by and through the City Manager, pursuant to Resolution NO.~- ~G.;{}Jl4,()of the City, authorizing such execution. Dated this Mday of F'~ ,7Jt14 / OTAY HI Hi.;UM. WATER DISTRICT , 1984. THE CITY OF SAN DIEGO, By ~,~-;;~~ a municipal corporation By(Jil~ lM ASSISTANT TO THE CITY MANAGEP 25 . R- 26014,0 ~- \ \ db 7 . t'. I HEREBY APPROVE the form and legality of the foregoing agreement this ~-{{~ day of /}/fAIL<: ,+ , 1984. JOHN W. WITT, City Attorney By ~Cu~xf-H -~~ CWY/jG 11/28/83 26 't2-, \ I '0-67 . . ': Exhibit "A" (1) SAN DIEGO METROPOLITAN SEWERAGE SYSTEM The San Diego Metropolitan Sewerage System consists of an interceptor sewer, two pump stations, a treatment plant, and an ocean outfall. The interceptor sewer is a two branch sewer, the main branch starting at 19th Street and Coronado Avenue in the South Bay area. and continuing in a NW'ly direction along the east side of the bay to the treatment plant on Point Loma. The north branch of the interceptor starts at the San Diego River, and continues along the east side of Point Loma to its intersection with the main branch. One pump station is located in the vicinity of the north line of National City. The other pump station is located on Harbor Drive at the intersection of both branches west of Lindbergh Field. The treatment plant is located in Fort Rosecrans on the west side and near the tip of Point Loma. An ocean outfall with diffuser discharges effluent into the ocean. NOTE: For the purpose of clarity the symbols in the margins of this description refer to the table and map shown on Plat designated Exhibit "A". MAIN INTERCEPTOR - DETAILED DESCRIPTION (1) The main interceptor starts in the South San Diego area at 19th Street and Coronado Avenue as a 42" reinforced concrete pipe. At that point, it receives the discharge from the 42" Tia Juana Valley Trunk and the 21" trunk from Imperial Beach. 27 . K- II ~ 6' 7 0( (2) The interceptor runs north up 19th Street with a 42" pipe to a point between Elm and Donaz Street. It then continues north up 19th Street with a 54" pipe to the north ~ine of Palm Avenue. (3) The interceptor then runs north up 19th Street with a 54" pipe to Charles Avenue; thence NE'ly about HOD' to the Swiss Club with 54" pipe. (4) At this point it intercepts the Otay 27" Trunk and continues Northerly into Bay Boulevard along the east side of the Coronado Branch of the S.D.&A.E. R.R. with 72" pipe; thence crosses to the west side of the R.R. south of "L" Street and continues northerly to "J" Street in Chula Vista where the 36" Telegraph Canyon Trunk Sewer is intercepted. (5) Thence, continuing N'ly along the west side of the R.R. with a 78" pipe, it runs to "G" Street where it intercepts a 21"'Trunk from Chula Vista. (6) From this point, it continues N'ly with 78" pipe to "n" Street; then NE'ly to the east side of the main line of the S.D.&A.E. R.R. and then N'ly to the Sweetwater River where it intercepts a 54" Sweetwater Trunk. (7) It continues N'ly along the east side of the R. R. with 90" pipe to 24th Street in National City where it intercepts a 36" connection to the National City Tru~k Sew~r. ~ (8) From there it runs N'ly up Wilson Avenue with 96" pipe, to 7th Street in National City where it intercepts a 24" connection. (9) Thence crossing to the west side of the main branch of the S.D.&A.E. R.R. and NW'ly with 96" pipe, it continues to the Pump Station No.1 located about 200' NW'ly of the National City boundary. (10) At this point the line intercepts San Diego Trunk Sewer carrying sewage from Lemon Grove and La Mesa and the discharge from San Diego which includes sewage from Coronado. The line continues NW'ly with one 72" pressure main along the R.R. right-of-way to 27th Street; thence N'ly up 27th Street to Boston Avenue; thence WIly along Boston Avenue to 26th 28 1<- II d-6? Street; thence N'ly along 26th Street to Newton Avenue 78". The line then continues NW'ly along Newton Avenue to a point between Sicard Street and Sampson Street as a 78". (11) There it discharges into a gravity line; thence continuing along Newton Avenue to Crosby Street; thence NE'ly along Crosby Street to National Avenue; thence NW'ly along National Avenue to Beardsley Street; thence NE'ly along Beardsley Street to Logan Avenue; thence NW'ly along Logan Avenue to Sigsbee Street; thence NE'ly along Sigsbee Street to 19th Street; thence N'ly along 19th Street to a point approximately 100' north of Commercial Street where it enters a tunnel. (12) The line through the tunnel is 84" pipe. The tunnel swings in a 900 arc to the west and ends in "L" Street approximately 30' west of 17th Street. (13) The 84" line continues west in "L" Street to 16th Street; thence northerly up 16th Street to Island Avenue; thence westerly in Island Avenue to 14th Street; thence northerly in 14th Street to a tunnel portal just south of Market Street. (14) The tunnel is 84" pipe and continues NW'ly to 8th Avenue and "A" Street; thence wester+y _to_India Street and Bee~ Street; thence WIly along Beech Street to a tunnel portal just west of Pacific Highway. (15) At this point the line increases in size to a 102" and continues WIly across the Civic Center parking lot to Harbor Drive; thence N'ly on Harbor Drive to Grape Street where it intercepts a 24" connection to the Pacific Highway Trunk Sewer. (16) The line continues along Harbor Drive with 108" pipe to Pump Station No. 2 located approximately 700' west of the west line of Lindbergh Field. (17) At this point the North interceptor, a 96" line is intercepted. From the Pump Station the line crosses Harbor Drive to the S'ly side and 29 --?- 11d-87 . continues W'ly along Harbor Drive with two parallel pressure mains, one 72" and one 87". to Scott Street; thence S'ly along Scott Street to Talbot Street; then W'ly along Talbot Street to Rosecrans Street; thence S'ly along Rosecrans Street to Nichols Street; thence W'ly along Nichols Street to San Elijo Street; thence 8'ly in San E1ijo Street to Kellogg Street; thence W'ly along Kellogg Street to San Gorgonio Street; thence SW'ly to a transition structure near a tunnel portal just west of San Gorgonio Street. (18) The double force main changes at the transition structure to a gravity 108" dia. pipe. (19) The line continues SW'ly through a 108" inside diameter tunnel for approximately 4,250' under Point Loma to a tunnel porial just south of a pistol range on Woodward .Road. (20) The line then runs S'ly along the coast for approximately 1~ miles as a 114" pipe to the Treatment Plant site. NORTH INTERCEPTOR - DETAILED DESCRIPTION (21) The North Interceptor starts in the south side of the San Diego River just west of. Highway .5 bridge, as a 96" lire. The interceptor receives the discharge from the 60" Pacific Highway Trunk, the 72" North Mission Valley Trunk and the 30" South Mission Valley Trunk. It runs from this point to the NE'ly prolongation of Sherman Street; thence SW'ly across private property and along Sherman Street to Kurtz Street; thence S'ly across City property to Sports Arena Blvd. and an intersection with the existing 27" West Point Lorna Trunk Sewer. (22) The line continues S'ly with 96" pipe into Liberator Street and then angles to Midway Drive and Riley Street; thence SW'ly along Riley Street across Cauby Street to the dead end of Michaelmuss Terrace; thence SE'ly across private property to the SE'ly side of Rosecrans Street; thence 30 +<, \ \ if 67 " .. " S'lyalJng Rosecrans Street to Sellers Drive; thence E'iy along Sellers Drive for approximately 200' thence S'ly across Bradman Drive to Gearing Drive at Cole Street where it intercepts the 30" Point Lorna Trunk Sewer. (23) The interceptor continues S'ly down Gearing Drive with a 96" pipe to Barnett Avenue; thence S'ly across the Marine Base property to Neville Road and Guadalcanal Avenue; thence S'ly down Neville Road to Porto Rico Street; thence S'ly along a line parallel to and approximately 700' west of the west line of Lindbergh Field to Pump Station No.2. OCEAN OUTFALL The ocean outfall extends W'ly into the ocean from the treatment plant site and consists of 13,000 I .of 102" pipe with two' 1,800' branches at the westerly end. CWY / j g 11/28/83 wp:a-Otay 84/76 31 . t<- \ I 'd-67 " (R-84-1275) RESOLUTION NUMBER R- 2fI01.1:0 Adopted on FE B 2 1 1984 BE IT RESOLVED, by the Council of The City of San Diego, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, a Consent to Agreement to purchase 1.2 million gallons per day of Metropolitan Sewerage System capacity from Chula Vista by the Otay Water District, under the terms and conditions set forth in the Consent to Agreement on file in the office of the City Clerk as Document No. RR_2fI01.1:O -( BE IT FURTHER RESOLVED, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, a Sewage Disposal Agreement of 1984 with THE OTAY MUNICIPAL WATER DISTRICT for participation in the San Diego Metropolitan Sewerage System, under the terms and conditions set forth in the Sewage Disposal Agreement of 1984 on file in the office of the City Clerk as Document No. RR 260140 -;L, . APPROVED: John W. Witt, City Attorney By ~(3 \-\- ' ~~~it- Stuart H. Swett Chief Deputy City Attorney SHS:rc:420.8 1/30/84 Or.Dept:W.Utils. Form=r.auagr PAGE 1 OF 1 i<- U d-6 '7 1 \, Passed and adopted by the Council of The City of San Diego on February 21. 1984 by the following votes: YEAS: Mitchell. Cleator. McColl. Struiksma. Gotch. Murphy, Martinez. Hedgecock. NAYS: None. NOT PRESENT: Jones. AUTHENTICATED BY: ROGER HEDGECOCK Mayor of The City of San Diego. California CHARLES G. ABDELNOUR City Clerk of The City of San Diego. California By BARBARA BERRIDGE Deputy I HEREBY CERTIFY "that the above and foregoing is a full. true and correct copy of RESOLUTION NO. R- 2EiCl"-:O passed and adopted by the Council of The City of San Diego, California, on 2-21-84 (SEAL) B CHARLES G. ABDELNOUR The City of San Diego, California (Rev. 5/83) bb ~- tt d-8?