1964/05/05 City Council Resolution 175RESOLUTION NO. 175
A RESOLUTION APPROVING CONTRACT WITH
STATE OF CALIFORNIA FOR
SEWER FACILITIES FOR
SONOMA STATE COLLEGE
BE IT RESOLVED by the Council of the City of
Rohnert Park that that certain agreement between the
State of California and the City of Rohnert Park con-
cerning the sanitation facilities and sewage treatment
and disposal services for Sonoma State College, a copy
of which is attached to and made a part of this resolu-
tion, be and the same is hereby approved. The Mayor is
authorized and directed to execute said agreement for
and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 5th day of
May, 1964.
AYES - 5 - J.Pezonella, J.Rogers, C.Smith,
V.Smith and J.Buchanan
NOES - 0
ABSENT - 0
CITY OF ROHNERT PARK
By
Mayor
i
ATTEST:
City Clerk
day of
AGREEMENT FOR SANITATION FACILITIES
AND SEWAGE TREATMENT AND DISP05AL
THIS AGREEMENT, made and entered into this
, 1964, by and between the STATE
OF CALIFORNIA by and through the Trustees of the California
State Colleges and the duly appointed, qualified and acting
State Director of General Services, hereinafter referred to
as STATE, and the CITY OF ROHNERT PARK, a municipal corporation,
(successor to the Rohnert Park District, a community service
district) a political subdivision of the State of California
hereinafter referred to as CITY.
W I T N E S S E T H
WHEREAS, STATE is the owner of property known as
the Sonoma State College; and
WHEREAS, the CITY has under its control a sewage
treatment and disposal plant and various trunk and outlet
lines, and is willing to construct a trunk line to be made
available to said State college property and to process the
total flow of sewage emanating therefrom; and
WHEREAS, STATE is in need of said trunk line and
said plant to transport, process and dispose of the sewage
emanating from said State college property consisting of a
215 acre site located south of Copeland Creek, west of
Petaluma Hill Road and north of East Cotati Avenue;
WHEREAS, CITY is willing to process the total flow
of sewage emanating from said State college property and is
further willing to construct a trunk line to serve the said
State college property, and
WHEREAS, STATE is willing to contribute to CITY
for the privilege of connecting to City's sewer system and
is further willing to pay for the processing of said sewage,
WHEREAS, the construction of said trunk sewer may
be financed by a private corporation, and the construction
contract for said sewer may be let on the basis of a negotiated
lump sum price,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. CITY has or shall construct such improvements
to its sewage collection, treatment and disposal facilities
as will provide for the disposal of 0.526 million gallons of
sewage daily flow emanating from the said State college
property.
2. STATE shall have, for a period of forty (40)
years commencing on July 1, 1964, the irrevocable right to
dispose of sewage directly from its sewerage collection system
into the facilities of the CITY; the irrevocable right to
have such sewage transmitted through the collection facilities
of the CITY to the City's treatment plant; the irrevocable
right to have said sewage adequately treated in said City's
plant and the effluent disposed through the City facilities,
and CITY agrees to adequately accept, transport, treat, and
dispose of a maximum daily flow of 0.526 million gallons of
sewage emanating from the said State college property, or any
additions thereto or portion thereof, in the City's sewage
facilities; provided, however, the maximum rate of flow of
said sewage shall not exceed a maximum hourly rate of flow of
2,250 gallons a minute.
3. STATE shall, at its cost, install a measuring
and metering device at or near the northwest corner of the
STATE property and shall maintain periodic or continuous
recordings and records of the average daily flow of sewage
emanating from said STATE property and shall make available
to the CITY the recordings thereof sufficient to determine
the total monthly volume and rate of average daily and peak
hourly flow of sewage emanating from the State property.
Said measuring and metering device shall be constructed and
in operation by September 1, 1969, and shall be of a type
and design approved by CITY.
4. CITY has or shall construct, at its cost, a
measuring and metering device at its sewage treatment plant
and shall maintain periodic or continuous records sufficient
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to determine the total volume of sewage processed by the
City's facilities for any specified period. Said measuring
and metering device shall be constructed and in operation by
September 1, 1970.
5. In order to process said sewage, CITY shall
construct a trunk sewer line 15 inches or larger in diameter
to the northwesterly corner of said State college property.
6. For the privilege of connecting to City's
sewerage system, STATE agrees to pay CITY the sum of
$87,500.00 plus such additional sums hereinbelow specified.
Said sum of $87,500.00 shall include the State's share of
the cost for that portion of the City's trunk sewer line
necessary to provide sewer services at the intersection of
the westerly right -of -way line of Snyder bane and the south-
erly right -of -way line of Copeland Creek, as existing at
the date first above written.
7. In addition to said $87,500.00 STATE agrees to
pay CITY the actual contract cost of constructing the portion
of said trunk sewer line from intersection of the westerly
right -of -way line of Snyder bane and the southerly right -of-
way line of Copeland Creek, as aforementioned, to the north-
west corner of said State college property, provided said
trunk sewer line is 15 inches in diameter. The STATE shall
acquire all necessary rights -of -way for said sewer line. The
STATE shall transfer said right -of -way and the said 15 inch
trunk sewer to the CITY. The CITY shall incorporate this
trunk sewer into the City's sewer collection system and shall
be responsible for the maintenance and operation of the line.
Should the CITY construct a line larger than 15 inches in
diameter for said portion of the trunk sewer line, the State's
share of the cost of said portion of the trunk sewer line
shall be equal to the cost of a sewer line 15 inches in
diameter based on the capacities of the two sewer lines.
However, in no case shall the State's share for the total
or portion of the construction cost of said portion of the
trunk sewer line, as above specified, exceed $25,000.00.
In addition, the STATE agrees to pay the CITY
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$2,500.00 to cover engineering and inspection cost to the
CITY for the said portion of the trunk sewer line.
Said sewer line shall be constructed to meet the
invert elevation of 117.80 (mean sea level datum) of the
State's sewer outfall at the west property line of said State
college property.
8. Said sums of $87,500.00 for the privilege of
connecting to City's sewage facilities, $2,500.00 for
engineering and inspection cost, and the actual cost for the
said 15 inch sewer line (not to exceed $25,000.00) shall be
payable to the CITY as follows:
STATE shall make progress payments to CITY 35 days
after receipt by STATE of invoices from CITY, such progress
payments to be upon the same basis as progress payments which
may be provided in City's agreement with the contractor for
construction of such sewer line, provided, however, that any
such progress payments shall not be made in advance, but
shall be based on the portion of work theretofore completed.
The final such progress payment shall be in a sum not less
than 25% of the total sum payable by the term of this
paragraph. STATE agrees to make such final progress payment
to CITY, upon its receipt of certification from CITY that
construction of said sewer line is completed; that the same
has been accepted; and that the said capacity in said City's
sewerage collection system is in existance and is being
reserved for the use of the STATE, its successors and assigns,
according to the terms and conditions of this agreement.
CITY agrees to construct and maintain said sewer line free
of any and all liens.
9. The CITY shall have the right from time to
time to inspect the measuring and recording methods and
records of the STATE. The STATE shall have the right from
time to time to inspect the measuring and recording methods
and records of the CITY.
100 The STATE agrees to pay the CITY for the
complete transportation and processing of the sewage emanating
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from the State college property as follows:
For the period beginning July 1, 1964 and ending
September 1, 1965, the sum of $0.60 for each registered
student, full or part -time, and for each member of the
college campus staff, including but not limited to faculty,
administrative, clerical, janitorial and maintenance personnel;
for the following five years, beginning September 1, 1965
and ending September 1, 1970, the sum of $1.20 per year for
each registered student, full or part -time, and for each
member of the college campus staff, including but not limited
to faculty, administrative, clerical, janitorial, and main-
tenance personnel; thereafter STATE shall pay the cost of
processing said sewage. Said cost may include a proportion-
ate share of the actual cost of treating and disposing of the
sewage, including depreciation of capital investment of that
portion of the City's sewage collection, treatment and dis-
posal facilities capacity necessary to serve the said State
college property pursuant to the terms of this agreement,
but shall not include any costs for expansion of the City's
sewage facilities necessary to provide service to the users
of said City's facilities other than the STATE.
Based upon the amounts set forth above, the City
shall, on or about the 1st day of July of each year, provide
the State with an estimate of the annual charge for sewer
service. This charge shall be paid in equal monthly instal-
lments on or about the last day of each month. On July 1st
of each year the actual cost of such sewer service, based on
the charges set forth above, shall be calculated, and com-
pared with the estimate for the preceding year. An additional
charge or credit shall be made accordingly.
An extra charge may be imposed upon STATE if the
strength of the sewage originating therefrom exceeds that of
normal strength sewage. Normal strength sewage shall be
defined as that having an average 5 -day B.O.D. (Biochemical
Oxygen Demand) of less than 300 parts per million. Averages
shall be periodically computed from ten random samples taken
over a thirty -day period.
I.
Such extra charge shall be the
actual cost to CITY to pre -treat such sewage emanating from
said property of STATE over and above the cost for treatment
of normal strength sewage emanating from such property of
STATE.
11. In the event the STATE should require disposal
of sewage from said State college property at a rate in
excess of the quantity herein provided, STATE shall have the
right to acquire additional capacity rights in the City's
facilities from the CITY at a cost to be agreed upon by the
parties hereto.
12. STATE agrees that at such time as CITY can
provide to STATE assurances, satisfactory to STATE, that
CITY can furnish such municipal services as may be required
for Sonoma State College, the real property of Sonoma State
College will be annexed to the City of Rohnert Parke
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed by their respective officers
thereunto duly authorized the day and year first above
written.
ATTEST:
CITY CLERK
CITY OF ROHNERT PARK
By
MAYOR-- —
STATE OF CALIFORNIA
TRUSTEES OF THE CALIFORNIA STATE
COLLEGES
By
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
By