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SECOND SUPPLEMENT TO
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN
CITY OF GILROY AND CITY OF MORGAN HILL
THIS SECOND SUPPLEMENT dated for convenience as of December 19
1977, by and between the CITY OF GILROY ( "GILROY ") and the CITY O
I,:ORGAN HILL ( "MORGAN HILL ") is intended to supplement and amend the
,,oint Exercise of Powers Agreement between the same parties dated
July 1, 1967, as amended, by the Supplement thereto dated January 8,
1969.
GILROY and MORGAN HILL hereby agree that the Agreement of July 1,
1967 and Supplement thereto of January 8, 1969, shall be amended
as follows:
1. The current authorized capacity of'the present sewer plant
is 3,700,000 gallons per day. Of this total, the current allocaz�ed
capacity of MORGAN HILL is 1,350,000 gallons per day and.of GILROY
is ,350,000 gallons per day. Any i- ncrease or decrease of present
plant capacity authorized or ordered by any supervising governmental
authority shall be shared or suffered by the parties in proportion.to
their current allocated capacities.
2. Volume of flow attributable to MORGAN HILL shall be read by
the.GILROY staff at the Harding and Highland Avenue meter, and shall tie
furnished to MORGAN HILL on.a weekly basis. MORGAN HILL staff may,
if they desire, arrange with GILROY staff for joint meter readings.
3. Volume of flow attributable to GILROY shall be the metered
weekly flow through the sewer plant, less the concurrent weekly volume
.of flow attributable to MORGAN HILL under paragraph 2. Sewer plant
flow records kept by G`ILROY shall'be open to inspection by MORGAN HILL.
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4. In the event either city exceeds its allocated capacity
in paragraph 1 by 10,000 gallons per day, or more, dry weather
average daily flow, the city so exceeding its capacity shall pay
to the other city a cash penalty of $250.00 per day for each day of
excessive average daily flow determined on a weekly basis.
5. In addition to the penalties provided for herein, either
city shall have the right to obtain a restraining order, injunction
or other proper relief, in any court of competent jurisdiction for
any capacity violation by the other city, requiring that adequate
steps be taken to stop such violations, subject to such penalties as
the court deems proper.
6. The cities contemplate execution of a new joint powers
agreement providing for the construction of a new sewage treatment
plant, at which time the cities may renegotiate their proportionate
shares of plant capacity and cost.
7. The City of Gilroy agrees to negotiate further allotment
of surplus.capacity to the City of Morgan Hill one year from the date
of Morgan Hill's City Council action, April 6, 1977, or when the
contract for the new sewer plant is signed, whichever comes first.
8. All other provisions of the Agreement of July 1, 1967 as
amended January 8, 1969, shall remain in full force and effect.
IN WITNESS WHEREOF GILROY and MORGAN HILL have caused this agree-
ment to be executed and attested by their proper officers thereunto
duly authorized and their official seals to be hereto affixed, as of
the day and year first above written.
ATTEST:
SUSANNE E. STEINMETZ
City Clerk
By �
'Deputy ti,ty C er
ATTEST:
City Clerk
CITY OF '•i
By
Mayor
CITY OF MORGAN HILL
By
Mayor