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HomeMy WebLinkAboutReso - CC - 129-1964RESOLUTION NO. 129 -64 AUTHORIZING EXECUTION OF MODIFICATION OF AGREEMENT BY AND BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME HILLS SEWER MAINTENANCE DISTRICT RELATING TO SEWAGE TREATMENT AND DISPOSAL FROM SAID DISTRICT AND MAINTEN- ANCE OF SEWER LINES RESOLVED by the City Council of the City of Burlingame, State of California, that WHEREAS there presently subsists an agreement by and be- tween the City of Burlingame and the Burlingame Hills Sewer Main- tenance District providing for the use of said Sewer Maintenance District of a portion of the outfall sewer and sewage treatment plant of said city and further providing for maintenance of the sewer lines of said Sewage Maintenance District; and WHEREAS the City of Burlingame by Resolutions of its City Council No. 104-64 adopted on August 17, 1964, and No. 118-64 ad- opted on September 8, 1964, requested the Board of Supervisors of San Mateo County to exclude certain territories particularly de- scribed in said resolution from the Burlingame Hills Sewer Main- tenance District pursuant to the provisions of, and the authoriza- tion contained in, Section 4926 of the Health and Safety Code; and WHEREAS it is necessary that said agreement be modified so as to relieve said district of further obligation to pay for future maintenance in the territory to be excluded from said dis- trict pursuant to said request; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the City Manager of the City of Burlingame be, and he is hereby, authorized, for and on behalf of the City of Burlingame and the City Council thereof to execute said modification of agreement, and that the same be attested by the City Clerk. Mayor I, Herbert K. White, City Clerk of the City of Burlingame,i i do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 24th day of September, 1964, and adopted thereafter by the following vote: AYES: Councilmen: Crosby-Diederichsen-George-Johnson-Martin. NOES: Councilmen: None Absent Councilmen: None -2- Herbert K. White City Clerk RESOLUTION NO. fL�`' -64 AdoJ 083X AUTHORIZING EXECUTION OF MODIFICATION OF AGREEMENT BY AND BET14EEN THE CITY OF BURLINGAME AND THE BURLINGAME HILLS SEWER MAINTENANCE DISTRICT RELATING TO SEWAGE TREATMENT AND DISPOSAL FROM SAID DISTRICT AND MAINTEN- ANCE OF SEWER LINES RESOLVED by the City Council of the City of Burlingame, State of California, that WHEREAS there presently subsists an agreement by and be- tween the City of Burlingame and the Burlingame Hills Sewer Main- tenance District providing for the use of said Sewer Maintenance District of a portion of the outfall sewer and sewage treatment plant of said city and further providing for maintenance of the sewer lines of said Sewage Maintenance District; and WHEREAS the City of Burlingame by Resolutions of its City Council No. 104-64 adopted on August 17, 1964, and No. 118-64 ad- opted on September 8, 1964, requested the Board of Supervisors of San Mateo County to exclude certain territories particularly de- scribed in said resolution from the Burlingame Hills Sewer Main- tenance District pursuant to the provisions of, and the authoriza- tion contained in, Section 4926 of the Health and Safety Code; and WHEREAS it is necessary that said agreement be modified so as to relieve said district of further obligation to pay for future maintenance in the territory to be excluded from said dis- trict pursuant to said request; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the City Manager of the City of Burlingame be, end he is hereby, authorized, for and on behalf of the City of Burlingame and the City Council thereof to execute said modification of agreement, and that the same be attested by the City Clerk. Mayor Adoo 3Xr , OLT3X .. L13Xd3x y O: I, Herbert K. White, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 24th day of September, 1964, and adopted thereafter by the following vote: AYES: Councilmen: NOES: Councilmen: „ Absent Councilmen: -2- Herbert K. White City Clerk +i i AdOO �`OLl3X A0, 06AX AGREEMENT MODIFYING SANITARY SEWER AGREEMENT BETWEEN BURLINGAME HILLS SEtiTER MAINTENANCE DISTRICT AND CITY OF BURLINGAME SO AS TO RELIEVE SAID DISTRICT FROM FURTHER OBLIGATION TO PAY FOR FUTURE MAINTENANCE IN CERTAIN PORTIONS OF TERRITORY OF ".AID DISTRICT INCLUDED WITHIN THE CITY OF BURLINGAME THIS AGREEMENT, made and executed in duplicate on the dates hereinafter set forth, by and between the CITY OF BURLINGAME a municipal corporation, hereinafter called "City", and the BURLINGAME HILLS SEWER MAINTENANCE DISTRICT, hereinafter called "District", W I T N E S S E T H: WHEREAS, the parties hereto have heretofore entered into an agreement for the use by District of a portion of the City's outfall sewer and sewage treatment plant, and for the maintenance of the sewer lines of said District by said City; and WHEREAS, certain portions of the territory of District have, subsequent to the execution of said agreement, been included within the territory of City by annexation proceedings and the City Council of City has on the 17th day of August and the 8th day of September, 1964, adopted its Resolutions Nos, 104-64 and 118-64 respectively, requesting the Board of Supervisors of the County of San Mateo, the governing body of District, to exclude said porti of territory therein described from District pursuant to Section 4926 of the Health and Safety Code; and WHEREAS, Section 4926 of the Health and Safety Code re- quires the modification of all outstanding contracts of the District so as to relieve the District of further obligation to pay for future maintenance in the territory to be excluded pursu- ant to Section 4926 of the Health and Safety Code before said exclusion shall become effective; and WHEREAS, it is necessary and desirable that the parties hereto enter into an agreement modifying said agreements above DA-JFC :mm 9-17-64 J ed00'—i�b3X{ mentioned in order to relieve District from further obligation to pay for future maintenance in said territory to be excluded pur- suant to Section 4926 of the Health and Safety Code; NOW, THEREFORE, it is hereby agreed by the parties here• to as follows: 1. EFFECTIVE DATE OF AGREEMENT. This agreement shall be effective upon the day of , 1964. 2. DISTRICT RELIEVED FROM OBLIGATION TO MAINTAIN TER- RITORY TO BE EXCLUDED. From and after the effective date of this agreement there shall be no obligation upon the part of the Dis- trict to make any payments whatsoever for the use of a portion of the Cityls out£all sewer and sewage treatment by the territory to be excluded hereinafter described or for the maintenance of the sewage facilities of the territory to be excluded as hereinafter described. 3. PAYMENT BY DISTRICT. In consideration of the re- lease of District by City from any obligations with respect to the territory to be excluded from District, hereinafter described District shall pay to City the sum of $1.00 contemporaneously with the execution of this agreement. 4. TERRITORY TO BE EXCLUDED. For the purpose of this agreement the territory to be excluded from District and with respect to which District shall be relieved from further obliga- tion as herein provided consists of those certain portions of territory particularly described in Exhibits A, B, C, D, E, and F in Resolution No. 104-64 and Exhibit G in Resolution No. 118-64 of the City Council of City, above mentioned, which resolutions are incorporated herein by reference the same as though fully set forth. 5. EFFECT OF MODIFICATION UPON EXISTING AGREEMENT. The existing agreement for the use by District of a portion of th City's outfall sewer and sewage treatment plant, and for the 2. C 3X, AdOJ 0d3X .0 maintenance of the sewer lines of said District by said City, heretofore entered into by the parties hereto, shall remain in full force and effect except to the extent that said agreement is modified by this agreement. IN WITNESS WHEREOF, the parties have hereto caused these presents to be executed by their respective officers there - unto duly authorized by their respective legislative bodies on the daysand year hereinafter written. Dated: 'SEP 2 4 1964 ATTEST: ATTEST: County Clerk and Ex-o icio Clerk of the Board of Supervisors. 3. CITY OF BURLINGAME CITY. /%% ll tray e::/< BURLINGAME HILLS SEWER MAINTEN DISTRICT By ChairmanBoar o Supervisors of the County of San Mateo, the governing body of the Burlingame Hills Sewer Maintenance District. DISTRICT. sai trace of the newer lines of avid Astriat by said City, lhe,,•etc fora ;u,, aa» n d into by the partl,as h3l"Oto, shall P, in in t full force and affect except to the extsint that said to died by tbU a aeement . IN �MZ3S 4M", the parties have heA etc aau3ed i these Presents to bo executed by t 3.r• z 8gective o#"'rictars tone-� ' o duly authorized by their~ reVecti.ve legislative bodies (-*a tho days and year hexer ,t`er weitt+ . a utsd = S E P 2 4. 1 j 14 AMM N :t A t Clerk -O e: o Clerk of the Board of Sapervisox's. G1W OW JU�M _ a I'll XVMW ; T. NTMIW �9 o this County of ..3aan rateo, the governing body of the Burlingame Hills 3e .V Mainterume District. ia23TRICT.