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Home My WebLink AboutSCRWA - 1969 JPA Supplementrr SUPPLEMENT TO 7_ JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CITY OF GILROY AND CITY OF MORGAN HILL THIS SUPPLEMENTARY AGREEMENT, dated for convenience and drafted on January 8, 1969, by and between the CITY OF GILROY ( "Gilroy "), a chartered city, and the CITY OF MORGAN HILL ( "Morgan Hill "), a general law city, is intended to supplement f and amend the joint exercise of powers agreement between the same parties dated July 1, 1967, and approved by Resolution of the respective Cities. For conven- ience, the joint exercise of powers agreement of July 1, 1967, is hereinafter re- ferred to as the "Original Agreement ". Section 5(a)(ii) of said Original Agreement shall be amended to include the following: e total flow in the joint pipeline attributable to Morgan Hill shall be 3.1 million gallons per day from California Avenue to Farrell Avenue. The balance of the capacity of the joint pipeline shall be allotted to Gilroy and shall start at California Avenue. Each City shall equally share the total capacity of the pipeline extending southerly from Farrell Avenue to Ronan Avenue. The cost to Gilroy for said oversizing shall be $124,122. Gilroy shall receive credit for a portion of the Federal Grant obtained by Morgan Hill equal to 50 percent of construction costs, or $62,061, making Gilroy's cash contribu- tion to construction costs $62,061. In addition, Gilroy shall pay a portion of the engineering and administration of its $124,122 share in the same proportion that the total project engineering and administration costs bear to the total project cost. For purposes of clarification, this is agreed to be approximately 10 %, the exact figure to be determined upon completion of the project audit. Additionally, the crop damage costs which have been negotiated as of the date of this Supplemental Agreement shall be shared on the basis of 69 percent chargeable to Morgan Hill and 31 percent to Gilroy. It is understood that the total liability to both cities for crop damages will not exceed $6,000. In summation, Gilroy's total cash contribution to the project shall be the sum of $62,061, plus overhead costs as enumerated above, less Morgan Hill's liability for crop damage payments as enumerated above. 11 Section 3 of the Original Agreement shawl be amended to read as follows: (.i) This Supplemental Agreement shall become effective as of the date hereof and shall continue in full force and effect until amended by Gilroy and Morgan Hill, by an agreement supplemental hereto or until, cancelled by written notice as herein provided. (ii) Upon written notice by either party the then current arrangement of capacities and costs shall.become fixed, and this Supplemental Agreement shall be then terminated at the expiration of the next succeeding three full fiscal years after receipt of said written notice; excepting, however, Section 4 of the Original Agreement which shall continue in full force and effect to long as any of the joint facilities are jointly owned by the cities (iii) The cities agree that the only basis for cancellation by either city unilaterally as provided in Sections 30) and (ii) above is a finding that such termination of the joint operation of facilities would be to the long -term economic benefit of the taxpayers and citizens of the City cancelling the Agree- ment. (iv) Any controversy or,claim arising out of or relating to this contract, or.the breach thereof, shall be settled by arbitration in accordance with the then current Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any Court having jurisdiction thereof. Costs of arbitration proceedings shall be .borne by the City against which any ruling is made. Section 5 of the Original Agreement shall be amended by the addition of the following: 5(e) Maintenance of Joirrt P'i:;peline. Costs of maintenance of the joint pipeline extending from California Avenue to Farrell Avenue shall be shared on the basis of 50 percent chargeable to Morgan.Hil1 and 50,percent chargeable to Gil- roy. W Section 7(a) of the Original Agreement shall be amended to include the fol- Iow i ng; -Upon completion of payment to Gilroy by Morgan Hill for the first expansion -2- r} of the Gilroy plant as provided hereinafter., Morgan Hill shall continue to pay the rental rate of 7.75 cents per cubic feet for the first 500,000 gallons of metered flow during each 24 -hour day, and shall pay a rental rate of 3.875 cents per 100 cubic feet for the succeeding flow up to Morgan Hill's total allocation of 1,000,000 gallons per day.. The rental rates shall be reviewed annually and adjusted by mutual agree- ment to reflect an equitable return to Gilroy for rental of that portion of the treatment plant then allocated to Morgan Hill. V Section 8 °(4) of the Original Agreement shall be amended by deletion of the following sentence starting at the bottom of page 10: "The cities understand that the first such request from Morgan-Hill may be made within 90 days after the execution of this Agreement by the cities.and that such request will be for an increase of 500,000 gallons per day in the capacity of the Gilroy plant to be allocated to Morgan Hill." VI' Section 8 of the Original Agreement shall be amended to include the follow- ing additions: (h)(i) This Supplemental Agreement shall constitute notice that Morgan Hill desires to increase its allotted capacity in the Gilroy plant by an addition- a] 500,000 gallons per day, as soon as the added capacity becomes available through completion of the project outlined below. (ii) This increase shall be accomplished through a project currently contemplated by Gilroy. The project is anticipated to cost a total of $54,000 plus a standard engineering fee, providing a total increase in capacity of 2,,000,000 gallons per day. Morgan Hill and Gilroy shall share equally both the costs of con- struction and overhead. (iii) Any Federal assistance received for any part of the cost of this project shall be shared equally by the two cities. (iv) Morgan Hill shall pay 50 percent of its share for this project to Gil- roy during the Fiscal Year 1969 -70, and 50 percent no later than June 30, 1971. (v) The Cities agree that the original capacity of the Gilroy plant, together with any increases in said capacity, shall be "shared in such -a way that 'both Cities will reach the complete use of their respectively allocated capacities at approki -3- mately the same time. VII T r 4r�Y r • '. i r ,r Section 12 of the Original Agreement is hereby amended to read as follows: Section 12 Disposition of Assets. Upon the termination of this Agreement as provided in Section 3 of the Original Agreement, that portion of the new interception line not included in the joint pipe line shall become the property of Morgan Hill and the joint facilities shall be jointly owned in proportion to the flows allocated in various pipe sizes as set forth in the following chart: See attached exhibit. Any additional facilities constructed by the Cities pursuant to this Agreement shall, upon termination of this Agreement, be jointly owned by the Cities in the proportion in which each contributed to the cost of acquisition, construction, and completion thereof. VIII The flow meter as provided in Section 5(c) shall be installed in the inter- section of Harding and Highland Avenues. Any flow through said meter attributable to Gilroy may be estimated by mutual agreement of the cities or, failing such Any flow through said meter attributable agreement, shall be metered. to Gilroy shall be deducted from the volume for which Morgan Hill is to pay rental and treatment costs. IX All other provisions of the Original Agreement shall remain in full force and effect upon execution of this Supplemental Agreement. CITY OF MORGAN HILL, a Municipal Corporation Mayor CITY OF GILROY, a Municipal Corporation By: Mayor -4- els /01 %000 DA it 24 2-4 0035 .0023 Ad Ilk PY Y AVE AVE JOIN T-i tki TMW. E P-T-OR—P-1 PE M E E OPSAWHILL GILPOY- .2 4,0 0 .3 3.1 '2.4 -4 3.1 2,4 1.5 3.1 216 5•6 3,I r-S 6-7 3,1 5.0 7-8 3.i B's 8-9 3.t 5.4 9-Ic 7.2 8.4 3.1 7.1 A Pai-t -6j tha+ "Supplemen+ 10 joinf Exem'se 12-13 01 1.: . �7 be+wen CIN Qfq'AM of VlOrqlkt 14; It" d4 fed are, I 9(og i? M^,e A 1 CITY OF MORGAN HILL RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF GILROY BE IT RESOLVED that the City of Morgan Hill be authorized to execute the Joint Exercise of Powers Agreement with the City of Gilroy, in the form attached hereto as Exhibit A and incorporated herein; and BE IT FURTHER RESOLVED that the Mayor of the City of Morgan Hill be authorized to execute said agreement for and on behalf of the City of Morgan Hill, and that the City Clerk of the City of Morgan Hill be authorized to attest said execution, and affix the seal of the City of Morgan Hill to said agreement. PASSED AND ADOPTED October 4 1967, by the following vote: AYES: Councilmen cE� -J VhW5o?J i PgTT SO�v 4 �cto by YIN�z NOES: NaNE . ABSENT: N O►J E . /s l -T, S . Cq5 —,(-, Mayor of the City of Morgan Hill, California Attest: / E.S Llrz Z. D4061.1 I rcz �� City Clerk l f> r v � l [ I � r CERTIFICATE OF CI`IY CLERK I, i1ADGE W. SOARES, the City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. W Z- of the City Council of the City of Morgan Hill, passed and adopted at a meeting thereof held on the 41 day of 196*q0 WITNESS my hand and the seal of the City of Morgan Hill this 17y day of Moo. _, 19M. )��- ALLbzt I —" MADGE W. SOARKS, City Clerk _A CITY OF GILROY f RESOLUTION NO. 1149 RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF MORGAN HILL BE IT RESOLVED that the City of Gilroy be authorized to execute the Joint Exercise of Powers Agreement with the City of Morgan Hill, in the form attached hereto as Exhibit A and incorporated herein; and BE IT FURTHER RESOLVED that the Mayor of the City of Gilroy be authorized to execute said agreement for and on behalf of the City of Gilroy, and that the City Clerk of the City of Gilroy be authorized to attest said execu- tion, and affix the seal of the City of Gilroy to said agreement. PASSED AND ADOPTED October 12t4 1967, by the following vote: AYES: Councilltenrbers: Duffin, Kennedy,Jr., Quartiroli, Silva, Wentworth, and Goodrich. NOES: Council Members: None ABSENT: Council Member: Allemand Attest: City Clerk Mayor of the City of Gilroy, California I, SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1149 is an original resolution, duly adopted by special the Council of the City of Gilroy at a regtxi -ar meeting of said Council held on the l2th day of October 19_L7 at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 13th day of October , 19 67 City Clerk of the City] of Gilroy