HomeMy WebLinkAboutAgenda Report - September 19, 2001 E-09AGENDA TITLE: Adopt Resolution Approving a Renewal Agreement with the Woodbridge Irrigation
District for the Use of Property for Filter System at Well 16, 1426 West Century
Boulevard
MEETING DATE: September 19, 2001
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the City Manager to
execute a renewal agreement with the Woodbridge Irrigation District for the
use of property for the granular activated carbon filter system at Well 16,
1426 West Century Boulevard.
BACKGROUND INFORMATION: The Woodbridge Irrigation District (WID) is allowing the City to use a
portion of its right-of-way to house a State -required granular activated
carbon filter system at Well 16. These units are installed to remove
dibromochloropropane (DBCP). This ten-year agreement gives the
City permission to maintain the filter system and enter the WID right-of-way for inspection and maintenance
purposes. If additional filtering time is required, a new agreement will be negotiated at that time.
FUNDING: Not applicable.
Aichard C. Prima,
Public Works Director
Prepared by Fran E_ Forkas, Water/Wastewater Superintendent
RCP/FEF/MD/dsg
cc: Randy Hays, City Attorney
Woodbridge Irrigation District
Fran E. Forkas, Water/Wastewater Superintendent
Marlinda C. Devera, Management Analyst
APPROVED: Lt
Ixon Flynn -- City Manager
CAwindows\TEMP1CCweIN6-agrrenewaQ.doc 8114/01
DISTRICT & CITY
AGREEMENT
THIS AGREEMENT, made this day of , 2001, by and
between WOODBRIDGE IRRIGATION DISTRICT, hereinafter called "DISTRICT", and
the CITY OF LODI, a Municipal Corporation, hereinafter called "CITY".
WITNESSETH
WHEREAS, CITY purposes to use additional DISTRICT right-of-way for the purpose of
housing and maintaining a State -required granular activated carbon filter system on the CITY'S
domestic water Well Number 16.
NOW, THEREFORE, in consideration of and subject to the covenants and conditions herein
contained, it is further agreed by and between the parties as follows:
The CITY agrees to:
A. Maintain installed equipment necessary to remove dibromochloropropane (DBCP) from
the CITY'S domestic water Well Number 16. The CITY will not block ingress or
egress of the DISTRICT personnel nor will the CITY interfere with any DISTRICT
activities by the installation or maintenance of the equipment. During any maintenance
of the granular activated carbon filter system ingress and egress may be blocked
although the CITY will make all reasonable efforts to comply with any reasonable
District request for ingress and egress to DISTRICT property and facilities.
1 09/12/01
DISTRICT & CITY
CITY shall be solely responsible for the maintenance, repair, and replacement of all
installations involving the granular activated carbon filter system, and for the disposal
of all wastes or particles removed by the process, and for the repair or cost of repair of
any damage or injury which may occur to DISTRICT facilities or third parties and shall
pay all costs associated therewith, unless said damage or injury is caused by activities of
the DISTRICT.
B. Do no work in the right-of-way of the DISTRICT other than inspection and
maintenance without receiving authorization from the DISTRICT. DISTRICT reserves
the right to enter upon the premises at all times for the purpose of inspection of its own
facilities, and in the event that repair of the DISTRICT facilities is necessary or required
because of damage caused by the CITY, the CITY after notice from the DISTRICT will
immediately proceed to repair the same at its own costs and expense, or failing to do so,
the DISTRICT may repair the same at the cost and expense of the CITY.
C. Allow DISTRICT to inspect that portion of the domestic water system in the DISTRICT
right-of-way.
D. Will maintain Class III aggregate base on the levee area in the vicinity of the proposed
work. This work shall also be done by the CITY as directed by the DISTRICT at the
sole cost and expense of the CITY.
E. Will maintain the existing chain link fence in the DISTRICT right-of-way at the sole
cost and expense of the CITY. The CITY shall do all maintenance within the fenced
2 09/12/01
DISTRICT & CITY
area. With authorization from the DISTRICT, the CITY shall be allowed access
through the DISTRICT gate on Century Boulevard for the purpose of doing
maintenance work on the CITY'S domestic water system.
F. The materials removed by the granular activated carbon filter system shall not be
discharged onto or into any DISTRICT facilities including, but not limited to, the right-
of-way which is subject of this agreement.
G. The CITY shall indemnify and hold DISTRICT and its employees, agents, and
representatives, harmless from any loss, claim, damage, or cause of action which may
be claimed or asserted against the DISTRICT and its employees, agents, and
representatives as a result of the installation and operation of the CITY facilities
including the granular activated carbon filter system and the CITY'S use of the right-of-
way in which the same is contained, except for any loss, claim, damage, or cause of
action caused by activities of the DISTRICT.
K. This agreement shall remain in effect for ten years from the date of its execution. At the
end of that time the CITY may negotiate with the DISTRICT for a new agreement. If
no new agreement is entered, the CITY shall remove its equipment from the right-of-
way at its sole cost and expense and return the right-of-way to its original condition as
much as possible.
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DISTRICT & CITY
IN WITNESS WHEREOF, the parties have executed this agreement the day and year
hereinabove written.
WOODBRIDGE IRRIGATION DISTRICT
President of the Board of Directors
DATE SIGNED:
ATTEST:
Secretary to the Board
CITY OF LODI, A Municipal Corporation
BY:
H. Dixon Flynn, City Manager
DATE SIGNED:
ATTEST:
Susan Blackston, City Clerk
APPROVED AS TO FORM:
Randall Hays, City Attorney
4 09/12/01
RESOLUTION NO. 2001-221
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING A RENEWAL AGREEMENT WITH THE
WOODBRIDGE IRRIGATION DISTRICT FOR USE OF
PROPERTY FOR FILTER SYSTEM AT WELL 16,1426
WEST CENTURY BOULEVARD
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WHEREAS, the Woodbridge Irrigation District (WID) is allowing the City to use a
portion of its right-of-way to house a State -required granular activated carbon filter
system at Well 16, located at 1426 West Century Boulevard; and
WHEREAS, the filter system is installed to remove Dibromochloropropane
(DBCP); and
WHEREAS, this ten-year renewal agreement will continue to give the City
permission to maintain the filter system and enter the WID right-of-way for inspection
and maintenance purposes.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby
approves the renewal agreement with Woodbridge Irrigation District for the granular
activated carbon filter system at Well #16; and
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City
Manager to execute said Agreement on behalf of the City of Lodi.
Dated: September 19, 2001
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I hereby certify that Resolution No. 2001-221 was passed and adopted by the
City Council of the City of Lodi in a special meeting held September 19, 2001, by the
following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2001-221