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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 I 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 ---~-~--~--- 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 I 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. •. I ~. 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 ~- I .. 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. .'• 9. CITY shall cause to be installed and maintained at .. 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.