HomeMy WebLinkAbout1970-05-05COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY, CALIFORNIA
10844 ELLIS AVENUE, P.O. BOX 5175, FOUNTAIN VALLEY, CALIFORNIA, 92708
April 30, 1970
TO: MEMBERS OF THE BOARD OF DIRECTORS, COUHTY
SAl'\ITATimJ DISTRICT lrn. 11
RE: Notice of Specta1 Meeting -Tuesday, May 5., 1970:-a.t 3 _: J~.=e~~Ii-~~--------·-·-
TELE PH ON ES:
AREA CODE 714
540-2910
962-2411
I am call:Lng a specia.l meeting of the Boe,rd of DirectQj:·s
of District No. 11 at the above hour and date, in the
Districts' offices~
'J:he purpose of this rn.eeting is to conc::.der a. p:ccpo~;'.:;.._1
agreement heb:i8sn the Di~ trict and the City of
Huntington Beach, to serve a.n area outside ·che Distri.c:~ ~
In tr.e event the agreement is acceptable to the Bo8.Td._,
j t wLLl be fo:cvwJrded to the Districts' J·oint Boards fo:t'·
conslderation ore Nay 13th.
II
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II
BOA~tDS o~ Dm~rt:)'O~§
C ounty Sanita ti on D i;tri c~s P. 0 . Box 5175
of O ra ng e Cou!1 ly, Cal ifo rnia 10844 Ellis Avenue
Fo unta in Valley, Ca li f., 92706
AGE NDA
Special Meeting
May _5, 1 970 -3 :30 P ·~-
(1 ) Ro ll Call
(2) Appointment of Chai r man pro tem , if necessary
(3 ) Report of the Genera l Manager
(4 ) Report of the General Counsel
(5 )
(6 )
(7 )
Considerat i on of proposed agreement ~ith the City of
Huntington Beach , to serve an area outside the
District (copy in folders)
Consideration o f motion requesting that the Joint
Boards of Directors consider approval of the agree-
ment between the D:Lstri c t and the City of Huntington
Beach (to serve an area outside the District), at
t he May 13th meeting
Consideration of motion to adjourn ov/'
1<()~ ,..'?
DISTRIC'J.1
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DATE TIME REGULAR
---------~---~--~-------------~--------~-----
JOINT BOARDS
Miller, C.
McWhinney
Bousman
Brooks, Burton
Culver
I~man , Paul.
Gomez
Green
Griset
Ancl..~rs0n
Harvey
Herrin
Kroesen
Mc Innis
Marshall
Marshott
Nevil
Parsons
Porter
Reinhardt
Rogers
Schutte
Just
Shipley
Smith
Clark, Robert
Workman
Allen
r· ·--.stein ,,,.,
Harper
Brown
Carlson
Clarke
Dunn
Finster
Galloway
Hohener
Keith
Lowry
Maddox
Martinson
Nissan
Piersall
Sigler
Stevens
Sylvester
Tremblay
~:__,1kston
---
OTHERS
DISTRICT 8
Mitchell
Vedder·
Allen
Coco
Davis
Warren
Westra
Langer
Coen
Matney
Herritl: . ·-· __ Fuhrman,Conway
Kanode -·
Patterson
Otte
Marshall
Rogers
Weishaupt
Sims
Root
Marshall
Clark, Ralph
Harper
Hileman
Hamilton, Wm.
Knudsen
Phillips
Allen
O?Sullivan
Philli:LJS
ADJOURNED
------~~---~-
DISTRICT 1
Gris et
Miller, C.
Porter
Allen
DISTRICT 2
, Reinhardt
Brooks, Burton
Culver
Gomez
Herrin
Nevil
Clark, flobert
Schutte
Just
Smith
Workman
Allen
DISTRICT 3
Culver
McWhinney
Bousman
Furman , Paul
Green
Herrin
Anderson
Harvey
Kroesen
Marshott
Nevil
Reinhardt
Schutte
.... Just.
Clark, Robert
Allen
DISTRICT 5
Parsons
Marshall
Allen
Porter
Mc Innis
Allen
Miller, C "'
Gris et
Porter
Rogers
Smith
Hir·stein
Shipley ,
Green
Allen
DISTRICT 6
DISTRICT 7
DISTRICT 11 v
~
Herrin
Coco
Phillips
Root
Warren
Langer
Patterson
Sims
Hamilton, Wm.
Clar!<:, EaJ-ph
Harper
Hileman
Knudsen
Phillips
Davis
Westra
Coen
Patterson
Fuhrman, Conwa"J
·Kanode·
Otte
Weishaupt
Sims
Root
Clark
Harper
Hamilton
Phillips
Rogers
Phillips
Marshall
Phillips
Coco
Her1'\in
Marshall
Hileman
Allen
Matney
Ph:Lllips
City. an~. District i!
A.GREEM ENT
THIS AGREEMENT is made and entered into by and between
the CI'l'Y OF HUN1fINGTON BEJ\CH, a municipal corporation,
hereinafter referred to as CITY, and COUNTY SANITATION
DISTRICT NO. 11, hereinafte~ ~eferred to as .DISTRICT .
....,, WHEREAS, CITY intends to enter an agreement with the
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SUN~ET BEACH SANITARY DISTRICT, hereinafter referred to as
SUNS~T, f6r the connection of the SUNSET sewer lines to CITY
sewer lines, and for the acceptance of the SUNSET sewage
through said CITY lines into the DISrJ.1RICT' s sewer lines; and
CITY and DISTRICT desire to enter an agreement to permit
CITY to enter the above-described agreement with SUNSET, and
it is in the best interests of the residents of SUNSET; CITY
and DISrRICT and in the best interests of the public health,
safety and general welfar~ of said residents tliat SUNSET be
permitted to dlspose of its sewage through ·crrY 1 s lines and
into DISTRICT's lines for treatment and dispo~al;
NOW, THEREFORE, CITY and DISTRICT do h~~eby mutu~lly·
agree as follows:
That at such time as CITY shall complete the connection
of SUNSET's sewage lines to CITY sewage lines, ap~roxi~ately
sixty (60) days from the date of this agreement, DISTRICT
shall accept sewage from SUNSET subject to the conditi6ns
hereinafter set forth:
1. Said sewer line connection shall be completed in
·.accoraancc with the plans· and specifications approved by
DISTRI~T, at no cost to DISTRICT.
2. Said sewer line connection shall convey sewage and
waste water originating within the territorial limits of
SUNS.Err as they exist on April 1, 1970, and from. no other area.
3. CITY shall cause to be installed and maintained at
CITY's expense a .flow regulator and a recording and totalizing
meter capable of measuring the quantities of w~ste w~ter
discharged from SUNSET's collection system for disposal throueh
the sewage facl1j_ties of DIS1'RIC11
• Said flow regulator· shall
be set so no flow in ex cc s ~; of SUN SE rr ' s cap a c j_ t y right s can
be di~>charr;ed from SUNSET. Said meter ~hall be of a kind and
type approved by DISTRICT and shall be installed in such
~ locat:i.on as iHS'J'Hicrr may clc~icnate. Said meter: shall ·be sub-
ject to such j_n~;pcction and testinc; by DIS 1rrncrr as j_t may
requJ.rc and f.hall be read at such times v.s DlS1J1lUC 1J1 may from
t rm e t o t :i. m c c1 r~ ;.>_ j c n at e • A 11 cos t r; for $ .i rn t:· a 11 i. n ~ , read :inc, ,
matntaln:i.ng and te0tJ_ng ~~a:i.d flow 1:·cr;ulator anc1 meter r;l1a1J be
borne hy CITY.
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~. CI'"l1Y shall pay to DISTRICT annually, beginninc;
on December 31, 1970 and on December 31st of each succeeding
~eat thereafter until December 31, 1972, an amount equal to
$40.00 per million gallons of measured waste water from
SUNSET. Afte~ December 31; 1972, said cost may be proportion-
ately adjusted. to reflect increases or decreases in the trc.at-
ment and disposal costs of waste water to DISTRICT.
5. CIT~ shall pay to DISTRICT $95,288 ~s payment to
DISTRICT to reimburse DISTRICT for its·proportionate share
of capital costs of the joint treatment and disposal facil-
ities of DISTRICT for an average treatment capacity of 150,000
gallons per day (with a permissible peak flow treatment
capacity of 250,000 gallons per ~ay) for SUNSET's sewage· and
waste water. Peak flow is defined as the maximum rate of waste
water flow which is sustained for 15-minute intervals expressed
as gallons per 211-hour day.
CITY shall pay $10,000 on execution of this contract, and
the remaining amount, or $85,288, on or before April ·1, 1971.
·The balance due shall ·bear interest at the rate of G% per
annum, which shal~·be due an~ payable on April 1, 1971. In
addition thereto, beginning April 1, 1970 and annually there-
·after, as an annual capital cost replacement charge, CITY
-.,, shall pay to DisrrRICT 3% of $95, 288, to wit: the sum of
$2,860.
6. If s~id territory is annexed to DISTRICT on or before
March 31, 1975, a credit ot $31, 763 shall be allm·:ed said ·
territor~ on ~he DISTRICT's annexation fee.
7. It j_~; recor;nized that pursuant to expressed public
policy of natlonal, state and local governments, it may be
app~opriate ~nd ne~cssary for DISTRICT to provide facilities
.for the .:i.mprovemcnt of the deg1')ee of t1~eatmcnt in advance of
the imposition of ree:ulatory requirements. It is also recog-
nized that any federal, state, regional or local regulatory
body or·_ agency hav:i.ng jur1sdiction may hereafter require
additional fad Jj tics not now provided at DIS11 rncrr' 0 treatment
and dispo::al raciJi u es. CI'l'Y, on btl~?.J::-5 or;,~?rs['.:'.?. f,]~aJL •. ;J ... ,,.~\
1 ·_ part1 cj_pate in th~~:: ._r_»re_J_)ortion_jwl1t __ rh_JS-Ul~S~E-'I1-1 -s--: .. -fot-~a1->~)~-:~;(,:j:ty
/lrJ.Ju_IAA•-{O .. :_}·•v L\), ~_1p. (· ~--· v,•.t:?:_..;_L,.,-._!_• J .\ t. _......_, • ,-I\ ( ·-~ ~ u :..._,
.:P..i-f2;.A.t bear~; to t.Hf! total t1·eatment /and disposal (C.< pa,G.;i:ty--·of' ._, . /\ A '-_...., \...._)
D.l.S..TRLC1, j n th c au d :i t c d co f.; t of any capita 1 in v cs t m c n t
reasonnbly". r·cqu1rcd for the pr·.ovision of such additional
fa c i. 1 it i e ~; .
8. cn1 Y ~-.}) ;_~11 ln ve the duty to col Jee t fees and co:::; t ~·. " .
here in above prov .i.cl 0.d fo1· to he pa1d by SU!'!SErI'. . l1m·1ev er, not-
w:i. th~_; 1_: [trteLi nrr, CJ'.l'Y '~; cluty, DISrJ1HIC'l1 -~~hall have trw pm·JCP to
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enforce the payment of such costs and fees by SUNSWI1 and to
enforce the a(!;reement to be executed concurrently herewith
between CITY and SUNSET, copy of which i~ attached hereto
and marked Exhibit "l".
In the event of a dispute of the terms and conditions
of this agreement or the nec~ssity of resorting to court
action f9r the enforcement of the terms and provisions hereof,
the prevailing party.to any such action shall be entitled to
reasonable .attorney's fees and costs from the other party or
parties to said action, the same to be assessed by the court
_having jurisdiction thereof.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement by their duly authorized officers the daj and
year hereinafter set forth.
Dated:
COUNTY SANITATION DISTRICT NO. 11
By
Dated: ' 1970. -------
CITY OF HUNTINGTON BEACH
a municipal corp6ratio~
Mayor
---City --CJ erk-------------
APPROVED AS rro FOHM:
\. .
A G R E E M E N T
THIS AGREEJ'.lENT is made and entered into by and between
the CITY OF HUNTINGTON BEACH, a municipal corporation, . .
hereinafter r~ferred to as CITY, and SUNSET BEACH SANITARY
DISTRICT, hereinafter referred to as SUNSET. For convenience,
COUNTY SANITATION DISTRICT NO. 11 is hereinafter referred to
as DISTRICT.
WHEREAS, SUNSET and CITY desire that the sewer treatment
plant located at the northeast corner of Warner Avenue and
Pacific Coast Highway be abandoned, and it is mutually desir----:-
able to ·connect SUNSET's sewer lines to CITY's sewer system
and for CITY to accept SUNSET's sewage th~ough CITY's sewer
·system into DISTRICT's sewer lines; and
The territory served by SUNSET is located.outside the
limits of both CITY and DISTRICT, and is not entitled to make
connection with the sewer lines of said CITY and DISTRICT, and
it is in the best interests of the residents of SUNSET, CITY
and DISTRICT and in the best interests of th~ public health,
safety and general welfare of said residents tha~ SUNSET be
permitted to dispose of its sewage through CITY's lines and
into DISTRICT's lines for treatment and disposal; and
·~ SUNSE11 owns a parcel of land at the site of the existine;
·.sewage treatment plant, which CITY desires to ac4uire f~r the
purpose of constructing a fire station;
NOW, THEREFORE, for and in consideration of the mutual
.covenants and agreements herein contained, CITY and SUNSET do
hereby mutually agree as follows:
1. SUNSET shall abandon said sewer treatm~nt plant and
remove all personal property·from said plant, and turn over
to CITY the right ·to connect SUNSET' s sewer line to CITY' s
sewer system, and CITY shall make such connection within
approximately sixty (60) _days after the date of this agreement.
Said sewe~ line connection shall be completed in accordance
with the plans and specifications approved by DISTRICT, at no
cost to DISTRICT.
2. Sai.d sewer line connection shall ·convey sewage and
wa~te water orieinating within the territorial limits of SUNSET
as they exist on April 1, 1970, and from no other area.
3. SUNSET does he~eby agree to convey to CITY an6 CITY
does hereby agree to accept from' DISTRICT, upon execution of
this agreement, the parcel of land at the site of the exist-
ing sewage treatment plant described in 'the. deed attached
hereto and marked Exh:i.bit "A" and made a part here,of.
·~
In the event the.territory served by SUNSET annexes to
CITY and.DISTRICT on or before March 31~ 1975, CITY agrees
t_hat the conveyance of the property described in Exhibit "A"
will satisfy the requirements for payment of sewer connection
fees to CITY as outlined in Chapter 35 of the Huntington Beach
. Ordinance Code, and will be allowed a credit of $31,763 on the
costs of annexation to DISTRICT.
4. ~UNSET agrees to pay to CITY Five Doll~rs ($5.00)
per million gallons of sewage flow for SUNSET's share of the
cost of maintenance and operation of CITY's two and one-half ..
(2-1/2) miles of sewer line and two (2) pump stations to the
point of c~nnection of CITY's system to the facility of
DISTRICT. SUNSE~1 agrees to make said payments annually for
the preceding year beginning on or before the 1st day of July,
1970 and on or before July 1st of each succeeding year .
. 5. SUNSET agrees t~ pay to CITY quarterly an amount of
money·_equal to the charges imposed by DISTRICT for servicing
SUNSET, which said charges are Forty Dollars ($~0.00) per
mill~on gallons of measured sewage, until December 31, ·1972,
at which time; and annually thereafter, said costs shall be
adjusted to proportionally reflect increased or decreased costs
of DISTRICT. In addition thereto, and as the annual capital
cost replacement charge CITY must pay to DISTRICT, SUNS~T
shall pay to CITY three percent (3%) of $95,288, to wit: ~he
sum.of $2~860.
6. CITY shall pay to DISTRICT $95,288 as payment to
DISTRICT to reimburse DISTRICT for its proportionate share
of capital costs of the joint treatment and disposal facil-
ities of DISTRICT for an average treatment capacity of 150,000
gallons per day (with a permfssible peak flow treatment capac-
ity of 250,000 gallons per_ day for SUNSET's sewage and waste
water. Peak flow is defined as the maximum ratri of waste water
"flow which is sustained for 15-minute intervals expressed in
gallons per 21t-hour day.
7. CITY shall demolish the sewer treatment plant at CITY's
sole expense, within two (2) ~ears after the date of this
agreement .
. 8. CITY shall make the connection of SUNSET's sewer
~ . lines to crrY SC:Wer s;,rstem in. Warner /\venue at the sole cost
of SUNSET. CITY will let the contract for the work, e~cept
" that SUNSET may, at its option, exercised in writing and
deli.vered to CI'l1Y thirty ( 30) days pr1.or· to the tlrne a contract ' . is. let by cr.rY, make such connection of SUNSWl.1
' ~; sewer lines
to crrY' s SC\•/(;}"' system as hereinabove provtdcd :in Paragraph 1.
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9. CITY shall cause to be installed and maintained at
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CITY's expense a flow regulator and a recording and totaliz-
ing meter capable of measuring the quantities of waste water
·discharged from SUNSET's collection system for disposal
through the sewage faci~~ties of DISTRICT. Said flow regu-
lator shall be set so no flo~ in excess of SUNSET's capacity
rights can be discharged from SUNSET. Said meter sliall be of
a kind and type approved by DISTRICT and shall be installed
in such location as DISTRICT may designate. Said meter shall
be subject to such inspection and testing by DISTRICT as it
may require and shall be read at such times as DISTRICT may
from time to time designate. All co~ts for ~nstalling, read-
ing, maintaining and testing said flow regulator and meter
shall be borne by CITY.
10. It is recognized that pursuant to expressed public
policy of national, state a~d local .goverDments, it may·be
appropriate and necessary for DISTRICT to provide facilities
for the improvement of the degree of treatment in advatice of
the imposition of regulatory requirements. It_ is also recog~.
nized that any federal, state, regional 6r local regulatory
body' 01· agency having jurisdiction may hereafter require
additional facilities not now provided at DISTRICT's treatment
and disposal facilities. SUNSET shall participate in the
proportion. which s·UNSET' s total capacity right bears to the
total treatme~t ~nd d{~posal capacity of DISTRICT in the
~udited cost of any capital investment reasonably required for
the provision of such additional facilities.
11. CITY shall have the duty to collect fees and costs
hereinabove provided for to' be paid by SUNSET. However,
n6twithstan~ing CITY's duty, DISTRICT shall have the power to
enforce the payment of such costs and fees by SUNSET.
12. This agreement shall be entered into concurrently
with, and shall.be contingent upon the CITY entering a contract
with ~ISTRICT providing for acceptance of SUNSET's sewage
through the CITY sewer lines by DISTRICT.
13. This contract may be enforced by CITY or by DISTRICT.
IN WITNESS ~IEREOF, the parties hereto have executed
this agreement by their duly authorized officers the day and
year hereinafter set forth.
Dated: ' 1970. -~~----
\. SUNSET BEACH SANITARY DISTRICT
Dated: --------
ATTEST:
Cit~ Clerk
APPROVED AS TO FORM:
City Attorney
-
,. 1970.
CITY .OF HUNTINGTON BEACH
a municipal corporation
.'By ____________ _
.Mayor
_; .. , .
EXHIBIT "A"
Legal Descript.ion
Tha~ parcel of land as shovm on a Record of Survey
recorded in Book 7, Page 20, Record of Surveys, Orange
County, California.
Excepting therefrom that portion dedicated for street
purposes.