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HomeMy WebLinkAboutBOARD MINUTES 04-27-61 75 MINUTES OF A SPECIAL MEETIRJ OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY D:ŒTRICT HElD APRIL 27, 1961 ~ The District Board of Central Contra Costa Sanita~ District convened in a Special Meeting at its regular place of meeting located at 1250 Spring- brook Road, Walnut Creek, County of Contra Costa, State of California, on April 27,1961, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. I. ROLL CALL PRESENT: Members: Gibbs, Roemer, Bowman and Mitchell ABSENT : Member: Salfingere II . AfPROV J.L OF MINUTF8 The Minutes of the meeting of April 20, 1961, were approved as presented. III. C IT! OF WALNUT CREEK AGREEMENT FOR SEWERS IN WATEBSHED 27 (YGNACIO VAUEY) President Mitchell reviewed the main provisions of the proposed revised agreement between the City of Walnut Creek and the District for severing Watershed 27 (Ygnacio Valley). Mr. Horstkotte, District Manager-Engineer, stated that the City officials suggested limiting the City's obligation to one year in order to eliminate the objectionable paragraph added by the City Council. ~ . ¡ Mr. Williams, representing Mr. Bohn, Counsel for the District, pointed out that, following earlier opinions that the initial proposed agreement was binding on the City, it was now his opinion and that of Counsel for the City that the City Council could only assume a one year obligation under this agreement. President Mitchell stated that, in view of the new considerations, the conception of a ten percent contribution by the City was not necessarily the correct basis and the matter of the amount was open to discussion and negotia- tion. The other Directors agreed. President Mitchell stated that, inasmuch as the ten year guarantee by the City was not feasible, benefit to the City and District could be considered equal. Therefore, a 50-50 sharing of costs and rebates could be considered equitable. However, since the City probably had other more pressing budget obligations, some other split would probably be necessary, but possibly not less than a $75,000.00 contribution from the City. This was about the maximum anticipated obligation under the ten year term proposal. Member Gibbs and Member Bowman suggested a colllpromse figure between $30,000.00 and $75,000.00. ~ Member Roemer stated that, on a one year basis, whatever the amount deposited with the District should be returned to the City from the Watershed charges after the District has been reimbursed for all costs advanced, including interest; and that $30,000.00 was probably all the City could budget. President Mitchell indicated that $30,000.00 was only a token share but would go along with this figure so as not to discourage City participation, as long as it was to be definitely rebated after the District recovery of its costs. . I Mr. Williams stated that a clause should be added that properties, upon annexing to the City, the City shall take the steps necessary to annex said properties to the District. President Mitchell stated that the Agreement should provide for the District'.s right to reject all bids. 04 27 61 76 Member Gibbs asked Mr. Horstkotte if funds were available without jeopardizing future plans of the District. Mr. Horstkotte stated that they were available from annexation and connection fees collected for this purPOse and deposited in the Sewer Construction Fund. After discussion, Members of the Board instructed Mr. Williams, repre- senting Mr. Bohn, Counsel for the District, to revise the Agreement with the following changes: The following sentence in Paragraph I shall be deleted: "The line may be extended farther as long as the cost limitations set forth in Paragraph II are not exceeded. " ~ Paragraph II shall provide that, if construction bids exceed the Engineer's estimate of $250,125.00, the District reserves the right to reject all bids, and this Agreement between the District and the City shall be null and void. Paragraph III shall be amended to add a provision, that the City will cause areas annexed to it, which are capable of being served by the facilities of the District, to be annexed to the District. Paragraph IV shall provide that the City shall pay to the District the sum of $30,000.00 to be paid not later than one hundred eighty (180) days from the date of completion of the facilities. In case of delinquency, the sum due to the District shall bear interest at seven percent (7%) per year. Paragraph V shall be deleted. Paragraph VI shall provide that the City shall be reimbursed after the District has recovered its full costs plus interest. IV. ADJOURNMENT At 9:25 o'clock P.M., the meeting was adjourned by President Mitchell to May 4,1961. ~kt;¡ Pres e 0 e District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: "'-' .04 21 61' .