Resolution No. 1482 t
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RESOLUTION NO. 1482
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SOUTH TAHOE PUBLIC UTILITY DISTRICT AUTHORIZING
THE PRESIDENT OF THE BOARD OF DIRECTORS TO EX-
ECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA
WHEREAS, the State of California, Department of Parks and Recreation
and the SOUTH TAHOE PUBLIC UTILITY DISTRICT have agreed to execute a contract
for the District to provide sewer service to the camp ground areas of Emerald Bay
State Park.
WHEREAS, said agreement has been reviewed by the Board of Directors
and District staff and is found to be acceptable.
NOW, THEREFORE, BE IT RESOLVED, that Robert W. Fesler, President
%r►, of the Board of Directors be authorized to execute said agreement on behalf of
the SOUTH TAHOE PUBLIC UTILITY DISTRICT.
ROBERT W. FESLER, President of Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
DAVID W. CALLAHAN, Clerk of Board
and Ex- officio Secretary
SOUTH TAHOE PUBLIC UTILITY DISTRICT
* * * * * * * * * * * **
I hereby certify that the foregoing is a full, true and correct copy of a
lbw Resolution adopted by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY
DISTRICT, El Dorado County, California, at a meeting thereof duly held on the
3rd day of September, 1970, by the following vote:
AYES: Directors: Wakeman,
Kortes,
Fesler,
Hegarty,
None Ream
ABSENT: None
DAVID W. CALLAHAN, Clerk and Ex officio
Secretary of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
1
1 EY4ERALD BAY STATE PARK
2
3 THIS AGREEMENT, made and entered into this 3rd _ day of
4 ' September , 1970, by and between the STATE OF CALIFORNIA,
5 acting through the Department of Parks and Recreation, hereinafter
6 referred to as the "STATE", and SOUTH TAHOE PUBLIC UTILITY DISTRICT
7 I so:aetines hereinafter referred to as the " DISTRICT ",
81
9 W I T N E S S E T H:
10
11. WHEREAS, the DISTRICT owns, operates and maintains :ae: :age
12 collection, transportation, treatment and disposal facilities described
13 IIi cgcrerall.y as follows:
. 1,4 1 1. Gro:An I facilities which include sewacje treatment
1
15 i facilities and the reclair�d water export sysce,1.
16 2. Group II facilities which include the Tahoe Keys ) .'ump
17 Station and Force Main, Highway 50 Trunk sewer and
18 the Al Tahoe Pump Station and Force Main.
19 3. Group III facilities which include the force m:Lin pul,.?
20 1 stations and trunk sewers extending from the Tc:hoQ Kcya
21 ( Pump Station to point where the Baldwin Beach i:or:.L.:
22 which is to be constructed as part of the Group 17
23 facilities, would junction with the Highway 89 Trunk Fcwe,;
24 and
25 WHEREAS, the Group III facilities are subject to an agreement
26 for the reimbursement of the U. S. Forest Service its cost, of con-
.
127 l the Group III facilities in e::ccss of its capacity require-
(SORT PAPER 28 ments:j and
f• 7C 01" CALI' onNIA
TU 113 1Nt\1' u 701
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1 ,
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1 WkIEREAS, STATE is the owner of approximately 305 acres of
t he 2 land, which said land is delineated on the plat attached, marked
3 ( Exhibit "A" and by this reference incorporated herein for all purposes,
4 which said land is hereinafter referred to as State land; and
5 WHEREAS, the location of the Group I, II, and III facilities
6 and the proposed location of the Group IV facilities are shown on
7 said Exhibit "A ", and said Group I, II, III, and IV facilities are
8 sometimes hereinafter called the FACILITY; and
9 WHEREAS, the STATE desires to acquire the right to use a
10 portion`of the capacity in Groups I, II, and III portion of the
11 (FACILITY to transport and dispose of sewage generated on the State lend
12 L enin
13 , WHEREAS, the State land can be served by said Group I, II,
14 and III facilities if the Group IV facilities which comprise the
' Baldwin I tilldw:i.n Beach Pump Station, the Baldwin Beach Force Main, the Baluwin
16 Beach Sewer, the Cascade Creek Sewer, the Cascade Subdivision Sewer.
17 and Highway 89 sewer (as are hereinafter more particularly described),
18 are constructed and provided the State constructs its own collection
19 and pumping system so as to discharge sewage from the State lend into
20' the northerly terminus of the Group IV facilities; and
21 WHEREAS, DISTRICT plans to construct. the Group IV facilities
22 to provide service to U. S. Forest. Service lands and private lands
23 and is willing to enlarge the capacity of the Group IV facilities to
24 provide capacity for the State lands; and
25 WHEREAS, STA'L'E is authorized to enter into this contract
26 pursuant to Section 5003 of the Public Resources Code and Chapter 5
,� ,of ,., ,of I)1.V2� :].Ua � of Title I of the GO \'CYI1I�Ie11L. code and the
liI�..L �.� j5
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'OURT PAPER
117E Of' C.LIFOPNlA I .
.1n 111 INLw S.70, •
(1•1•,.0 9 -7O 3COM IT ('L• -2- /.
1 authorized to enter into this contract by Division 7 of the Public
2 I Utilities Code and the aforementioned Chapter 5 of the Government Code;
3 NOW THEREFORE, the parties hereto agree as follows:
4 1. This agreement shall become effective on the date first
5 hereinabove appearing and shall terminate thirty (30) _years from the
6 date of completion of the construction herein contemplated.
7 2. (a) DISTRICT will plan and design, supply labor, rr:.+.tcrial and
8 equipment for, and construct and install the Group IV facilities.
9 These facilities are briefly described as follows:
10 1. Baldwin Beach Pump Station. This station is located on
11 Baldwin Beach, east of Tallac Creek. The station basic
12 design flow will be 191,800 gallons per day, average daily
15 sewage flow.
14 2. Baldwin Beach Force t•krin. This force rain connects L:he
15 Baldwin Beach Pump Station to the existing trunk sewer cm
16 Highway 89 near the Spring Creek summer home tract, 'Tic:
17 basic design flow will be 191,800 gallons per day, the
18 the pump station. The force rain is approximately 2,7:i0 i ect!
19 long and will be 10 -inch pipe.
20 3. Baldwin Beach Sewer. This sewer extends westerly from
21 the pump station, approximately 1,100 feet. Tne sewer u.U.1.
22 be 8 -inch pipe with a basic design flow of 75,000 gallons
23 per day, average daily sewage flow.
24 4. Cascade Creek Sewer. This sewer extends from the
25 westerly end of the Baldwin beach :ewer approxiarately 4,400
26 feet into the Cascade properties subdivision. The sewer
. 27 will be U -inch pipe with a basic design flu,' of 35,000
>unT rAr e H 20 gallons per day, average daily sewage flow.
.Tr or c.Llr(trNI .
(Nr1Y tl•%04
. :•,L, GOO 133M 11 CSr
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1 5. Cascade Subdivision Sewer. This sewer extends along '
kie
2 the subdivision road approximately 1,800 feet to Highway 89.
3 The sewer will be 6 -inch pipe with a basic design flow of
4 35,000 gallons per day, average gaily sewage flow.
5 6. Highway 89 Sewer. This sewer will extend along Highway
6 89 from the Cascade subdivision road approximtely 3,600 feet
7 to the point of connection with the State Park sewer system.
8 The sewer will be 6 -inch pipe with a basic design flow of
9 15,000 gallons per day, average daily sewage flow.
10 The basic design capacity and sizes of the facilities described
11 above are approximate. Final sizes and lengths of these facilities
12 shall be based on plans and specifications of the DISTRICT which are
1 approved b • the STATE, but in any event the share of the total cost
l.r i r
14 to be pair' by the STATE, as set forth in paragraph 8 hereof, shall not
15 be increased.
16 I (b) DISTRICT shall commence work to construct and install said
17 I Group IV facilities as soon as practicable after the effective date of
18 this agreement and thereafter hull diligently pursue such work to
19 completion. DISTRICT agrees to complete such work for construction
2 0 f and installation of the Group IV facilities by October 30, 1971.
21 however, the time for commencewnt and for completion of work for
22 construction and installation of the: Group IV facilities shall be
23 extended by the period of time between the effective date of this
24 agreement and the date of execution of a modification to the "contract
25 ! between the United States of America and the South Tahoe Public Utility
26 I District" dated June 20, 1968 if the effective date of this agreement
.27 occurs before the execution of said mediiicationl said rc)dificat.i.un to
.::OUR'I F■APCR
TAT[ Or CALIF OlaNIA
•f(I. 113 I IIFY/ 0.701
4..47.710 . -T:. 2_J14 1T US/ •
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1 provide. that the United States Forest Service will provide funds during
2 the fiscal year 1970-71 to pay its prorated share of the construction
3 costs of the Baldwin Beach Pump Station, Force Main, and of the
4 Baldwin Beach sewer, all of which are a part of the Group N facilities
5 referred to herein.
6 (c) Work to be performed by DISTRICT, in addition to actual
7 construction work, shall include preparation of plans, specifications:
8 cost estimates, and necessary contract documents, negotiation for
9 necessary rights of way, acquisition of rights of way, easements or
10 other real property interests essential to the construction of said
11 Group IV facilities and any other preliminary work leading up to
12 i the construction and installation of the Group IV facilities.
13 (d) DISTRICT agrees to require its contractor or contractors io
kwie I
14 I obtain public liability insurance in the arl►aulit of Five 10111(.12 0U
II 1
Thousand Dollars s
15 I ($500,000) for each person, One Million 1!�lla : :..
16 ($1,000,000) for each accident for bodily injury, and property ci,alac_a
17 insurance 5n the amount of Two Hundred Fifty 'Thousand Dollars ($7.5 :1,'.0 )
18 I each occurrence and to name the State of California as an adu t.iona
19 insured.
20 (e) Title to the Group IV facilities upon completion by DISTIh1Cr:.'
21 shall vest in the DISTRICT for operation and r,raintenance under: rare
I i
22 terms of this agreement.
23 3. (a) The STATE; shall have the right for thu term of this agree :. :•lnt,
24 to connect to and discharge into the FACILITY an average daily flow
• 25 (in any one year period) of thirty five thousand (35,000) gallons of
•
26 sewage, including infiltration, generated on the State land delineated
�7 1 un I ?:1 :it it "i 11 , attached hereto. DISTRICT :i.luii accept, tian'-iport,
28 I treat and dispose of said sewage.
kit: OF [.AI.If Oil F1IA •
O. 11? II■LW f1•701
X17.7 J w -lO 2,0111T one
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1 (b) The STATE shall not discharge or permit the discharge into t1e
2 1 FACILITY of any sewage other than that generated on the State land
3 delinated on Exhibit "A" attached hereto.
4 44 The STATE is hereby authorized, at its sole expense, to
5 construct, install, maintain, repair, replace and /or reconstruct a
6 sewer connection to DISTRICT'S facility. Such connection shall be •
7 ! at the location shown on Exhibit "A ". The installation, construction,
8 repair (except emergency repairs), replacement and /or reconstruction
9 of such connection shall be according to plans and specifications
10 which are satisfactory to and are first approved by DISTRICT'S
11 Engineer.
1 2 5. (a) All sewage discharged by the STATE into the FACILITY pursuant
13 to this agreement shall meet the standards established by the DISTRICT
14. under appropriate ordinances, resolutions, rules or regulations getter -
I
15 ll ally applicable to residential users of the FACILITY. The STATE shall
is ,
not cause or permit to be placed, thrown or deposited in the FACILITY
17 any liquids or materials which shall interfere with or prevent the
1 8 effective use or operation thereof.
19 (b) The STATE shall not allow excessive infiltration or any
20 surface or storm waters to be discharged into the FACILITY. The
2 1 STATE shall not allow cooling waters or unpolluted industrial waste
22 to be discharged into the FACILITY without the written consent of
23 DISTRICT Engineers.
2, 6. The FACILITY shall be maintained by the DISTRICT in good
25 repair and good working order, provided, however, DISTRICT shall not .
2 be obligated to replace any portion of the FACILITY except that
27
neeeseltated by ordinary wear and tear and nhaii no b : obiiyatl!d to
28 reconstruct the FACILITY or any portion thereof.
.OURT F'ANra •
:T.Tr OF CALIFORNIA
-IL, 113 I:II.W 0.701
•141 `10 to-1J IC'JN IT (.L• •
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• 1 7 In the event of an interruption of service to the STATE
I .
2 1 by to FACILITY, as a result of disaster, operation of State or
3 Federal law, or, for any other cause beyond the control of the •
4 DISTRICT, the DISTRICT shall hear no liability for any injury or .
5 damage to any person or persons or property or for the dcath of any
6 ( person or persons arising from or out of such interruption of service.
7 I 8. STATE shall pay to 1)ISTi.IC:T the sum of Three Hundred Eighty
•
8 Thousand Dollars ($380,000) of which Sixty -Six Thousand Dollars
9 ($66,000) shall be used by DISTRICT to pay the U. S. Forest Service in
10 full for the capacity being made available to STATE in the Group III
11 portion of the FACILITY which shall reduce the Federal capacity
12 ; correspondingly. Such sum ;hall be due after completion of the
13
FACILITY described as Group IV and '.fter receipt of an invoice therefor.
k ille 14 At the option of DISTRICT, STATE shall, on completion of each twenty
I I r DISTRICT twenty In L. �-mli.
1 5 1 percent (20%) of the Group IV facilities, pay DISTRICT' ,, 1• ...;..
16 1 (20 %) of the amount payable by S TE under this paragraph on receipt
. 17
1 I 1 of an invoice therefor..
18 9• (a) STATE will pay in arrears a monthly charge for sewage servic
19
to the sTATE upon receipt of an invoice, therc2orc, and subject to the
I
! 20 I availability of funds therefore. STATE'S ob1igation to pit th::
.c
11
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-0 l' 2 1 1 n;on ti:ly rih:_.rge shall begin on com.pletf ion of the Group IV portion of
1 22 1 the FACILITY or on P :pri.1 1, 1972, whichever is late!.
23 I (b) The monthly charge shall be $500.00 until June 30, 1973.
24
After the latter date, the monthly charge shall be recalculated for
2 each fiscal year and will be based un one-twelfth th of the costs
1
kir 26 necessarily incurred by DISTRICT through the operation, maintenance
e
27 q :.tr.:l re; air oh the FACILITY, m:a.l.t.i;.: i].r.:.i J:y a r,•:;:.io c ' ::,11 <<
1 I •
COURT PAPER
F1..rI. 01 C ALIT OIINIA
SW 111 INI.V• U•701 '7
••f.:•11 9.13 3JJH IT OSP �" I -
I
1 dividing the average daily gallonage of sewage discharge from the
2 State land by the average daily gallonage of sewage treated in the
3 Group I portion of the FACILITY. The cost figures and the average
4 daily gallonage figures used to recalculate the service charge shall
5 be those for the fiscal year immediately prior to the fiscal year for
6 which charges are basing calculated.
7 (c) The average daily gallonage of sewa(jo, discharged from the
8 State land shall be computed by dividing the S'IATE,' S total cumulative
9 flow for the fiscal year by the number of days the STATE discharges
10 , sewage into the FACILITY in that fiscal year. The DISTRICT'S average
11 daily gallonage of sewage treated shall be computed by dividing th
12 ( total gallonage treated in the Croup T portion of the FACILITY in the
13 fiscal year by 365. The determination of total gallonage shall be
14 I based on metered flows to extent practicable and, where metering is
• li
15 not practicable, the determination shall be mutually agreed upon
16 I I based upon the engineering and operating data available.
17 (d) DISTRICT'S cost for operation, maintenance and repair of the
18 FACILITY ;hall include all costs for collection, transportation,
19 treatment and disposal of sewage, including administrative costs,
20 but excluding payments on bonded indebtedness, financing costs,
21 payment of i.nte )est or principal on any loan, attorney fees, or other.
I I 22 costs in connection with financing any portion of the FACILITY.
23 i DISTRICT shall furnish STATE each year a copy of its annual audit repot
24 I showing its cost together with a statement showing the basis for and
25 I cofnputation of said monthly service charge.
26 10. (a) DISTRICT shall not allow other than STATE to discharge sewage
r i into th(. high' ay 89 ! ewier pul :tic.) of t:hl! IV i i.ciJ.ite :i 7;it : :Ja
COUI.I' f'Af FR I .
':11,1101 CAL!I (t!Nir,
.•)•:•1sJ••/, 20! M 110,.f II11II1 -8- •
II i
1 provisions being made which are acceptable to STATE for reimbursement
2 of STATE'S cost in constructing said portion of the Group IV facilities.
3 (b) In the event DISTRICT receives any grant or financial assist-
4 ance from the United States of America for the Group IV facilities,
5 other than through the United States Forest Service under its contract •
6 dated June 20, 1968 or any modification thereof, then DISTRICT shall
7 pay STATE:
• 8 (1) Thirty percent (30%) of the amount so received for the
9 Baldwin Beach Pump Station and the Baldwin Beach Force
10 Main.
11 (2) Thirty six and four tenths percent (36.4`x) of the amount
12 + so received for the Baldwin Beach Sewer..
f `
13 (3) Forty two and nine tenths percent (42.9':.) of the a Bunt
14 so received for the Cascade Creek Sewer and the Caecede
15 I Subdivision Sewer.
16 (4) One hundred percent (100"x) for the amount so received
17 for the Highway 89 Sewer.
18 11. The attached Fair Employment Practices A eendura, etarrdarc:
19 I Form 3 (4/65) , is incorporated herein for all purposes and mace a
20 pert hereof and for the purposes of this agreement the term "cenl.r2.clerr
21 ! in said Form 3 (4/65) shall rncan "District ".
22 12. DISTRICT hereby waives all claims and recourse age inet the
23 STATE including the right to contribution for lose or damage t:v
24 persons or property arising from, growing out of or in any way
25 connected with or incident to this agreement except claims arising
26 from the concurrent or sole negligence of STATE, its officers, agents
27 and emlAoye'.s.
•OURT r'APCR
ATC or CA1.I.ORt IA
.TU. 113 (NI W G.7OI
542.7$O ..)O 20OM IT Of■ ( ..9_
•
1 DISTI <ICT shall indemnify, hold harmless, and defend STATE,
2 its officers, agents and employees against any and all claims, demands,
3 I damz.ges, cost:;, expenses or liability costs arising out of the ace ;ui. -
4 I sition, development, construction, operation or maintenance of the
5 I property described herein which claims, demands or causes of action
6 arising under Government Code Section 895.2 or otherwise except for
I
7 I liability !arising out of the concurrent or sole negligence of STATE,
8 , its officers, agents or employees.
9 In the event STATE is named as co- defendant under. the
10 provisions of the Government Code Section 895 et seq., the DISTRICT
11 i shall notify STATE of such fact and shall represent STATE in such
12 ! legal action unless STATE undertakes to represent itself as co- defenciw
13 1 in such legal action in which event STATE shall bear its own litigation
I
k ille 14 I cosh:, c >:penso:: and attorney's fees.
15 ; In the event judgment is entered against STATE and 'DISTRICT
. 16 i ! because of the concurrent negligence of STATE and DISTRICT, their
. 17 1 officers, agents, or employees, an apportionment of liability to pay
18 . such judgement: shall be made by a court of competent jurisdiction.
1
19 I Neither party shall reaucst a jury , apportionment.
I
20 ! 13. In the event the metered sewage flew of sewerage emanating
21 i ar.;l flowing from the State land during any 90 consecutive day is in .�
I
22 1 e :4c.:: of the average rate of 70,000 gallons per day, the STATE _hail,
23 i within one year of such event, enter into a supplemental agreement
26 I with the DDISTRICT to purchase additional sewer capacity in increments
25 of 5,000 gallons per day, to provide sufficient capacity to cover the
k iiiW 26 I average daily rate indicated during sa.icl 90 -day period, but payment
27 1 L1e; :e; r>' c shall bc sub eet to hie eve :1t.h..1 11.y of en p ol:.. ..:LL:711
>uR1 PAPER
A TI 11' C A111'(.NI IA
U. 113 INtw u.7o1
•t•>$o . -70 YO. , f1 11 t•sr
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1 specifically making funds available to pay the arount necessary to make
2 such purchase. The sole remedy of the DISTRICT, if the STATE fails
3 to execute the supplemental agreement within the specified time period,
4 shall be to charge the additional monthly charge specified in paragraph
5 14 hereof.
6 14. (a) In the event the metered sewage flow from the State lands
7 ( exceeds the average rate of 70,000 gallons per day during any consecu-
8 tive 90-day period in any fiscal year, then STATE shall pay to DISTRICT!
9 jduring the remainder of such fiscal year an additional monthly service
10 charge, calculated according to paragraph 14 (b) below, for each
11 5,000 gallon increments by which the average rate per day during said
12 90-day period exceeds 70,000 gallons.
13 (b)' The additional monthly service charge referred to in
14 paragraph 14 (a) above shall be $83.00 per month during the first
15 I fiscal year, after the effective date of this agreement. In subsequent
16 fiscal years, the charge sha11 be increased by 3% for each fiscal year
17 �I
that has elapsed since the effective date of this agreement and the and
18 of a 90 -day period referred to in paragraph 14 (a) above.
19 (c) The payments provided for in this paragraph are subject to •
20 1 funds being available therefore.
21 15. Failure of STATE to make any payment, or payments provided
2 for herein, within six months of receipt of an invoice, therefore,
23 shall give DISTRICT the right to suspend its performance under this
24 agreement during the period any such payment remains unpaid more
25 I than six months.
26 - --
27 -- -- •
KURT PAPER •
AT1 OI' CALIFORNIA
II 113 INe w e•
47.770 9.7( 7T JM IT
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IN WITNESS WHEREOF the parties have caused this agree:aunt
1
4 0..„. 2 to he executed the date first above written.
3
STATE OF CALIFORNIA
4 1 DEPARaTna OP PLRKS AND RECREATION
William Penn i:lott, Jr., Director
5 1
•
7
8 Fo / 1r.r__ _or 7 RI rr.
1 CI-ov-■ . .01 Grirc't 5
9 . A P C V : D .
SOUTH TAHOE PUBLIC UTILITY DISTRICT
10 NQA1--1-TV1
11 1r ----- ,
\ ,,, % ------ _____---..
• -./i• ' : i 1
1 • . , -, • By \ I C-('-/ . (---
12
.--- DirAdor 1
---------_-__
411100 14 1
15 •
16 i
17
18
19
1 .
' contracs.t #50-15-014
17 ? .1 9.7.4./..7 L__ ............
Epp(4 Capital Outlay _ __ _ __
A ...
Line l'c.om .6Uont 50-70 153260 'O63.01
----- —
Amount. of 7,s tirim 17:.: _P80
Unencumbered Pemr'jnder ... q . „066,150.00______
Ohilv • 1 hereby Certify upon my o;. pe!::orl:d knowli
Lliztt, buc4;etr.:d funds c.r:! clviblc f(..: 11,2 pelAcd wiJ
. purpose oL thc cpcnditure :,taLcd ;11):)ve. (A[ Le T, B.A.
11 No. or B.R. No. .)
Olii:AL 310D BY
__ T. Okubo
Accountj_F:3 Officer
U . i