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HomeMy WebLinkAbout1971-04-19I . BOARDS OF DIRECTORS County Sanit ati on Districts of Ora11ge County, Caiifornia DISTRICT /'~o. 2 P. 0. Be" 5175 10844 Ellis Avenue Fou ntain Valley, Ca li f., 92708 -I f\\ , 5"(\' At (1) (2) (3) AGENDA Roll Call Adjourned Re gular Meeting April 19, 1 971 -5 :00 p .m. Ap po intment of Chairman pro tern, if necessary Repo rt of the General Ma nager AD J OU~NMHl~S~:os~ COMP "' MILtAu~·:···7···· FI LES ~~T UP ..... .V. ......... . RESD ' Ul1 J~·: CC::tTIF;ED.V .,.... , .. 1···i··r--· • __,,.... Lei 1:.t\J :, :1 .:.r< .. .V.:-..... .. Mlr.UiE S '.!!m :""~rl ... ~ MINUTES ~IL ED ....... ~ ..• ( 4) Repor t of the Ge nera.l Cou n sel (5) Consideration o f Reso l u tion No . 71-53 -2 , fixing time a nd place for public hear i ng on Interim Five Year Master Plan of Waste Wate r Facilities, dated March 1 971 , prepared and submitted by Lo wry and Assoc iat es . See page 11 A11 (6) Considerati on of Resolution No . 71-42 -2 , a pprovi ng and authorizing execution of Second Amendment a nd First Supplement to Was te Wa.t e r Interc ep tor Capa.ci ty Agreement providing for alte rnate financ i ng of Rivers i d e County Flood Control and Water Conservation Dj s trict 1 s sha.re in the con s truction cos ts of Santa. Ana River Interceptor from Plant No . 1 to Katella Avenue . See pages 11 B11 and "C" (7) ) (8) Con s ideration of motion reques ting Cou nty Sa.ni ta.tion Distric t s Nos . 1, 3, 5 , 6, 7, and 11, to adopt First Amendr:ient to May 1970 Wa s t e Hat er Treatmen t and Di spos c:!.l Agreement wi th Riverside County Floo d Cont rol a nd Water Conse rvation Distr ic t, in order to effectuat e Second Am e ndment and F irs t Supp l ement to Waste \·lat er I nte rceptor Capacity Agreement . See page. 11 D" Consideration of motion t o rece i ve and file and refe r t o Exe cut ive Committee and s taff letter dated April 1971, from Riverside County F l ood Control and Wa ter Conservation District requesting provision be ma.de for interim service t o Rivers i de agencies through the Santa Ana River Interceptor, said servi ce t o consist of accep tance of tracked brine waste to the facilities of t he Districts . See page ':E'1 (9) Other busines s and communica.ticms, if a ny (10) Con sidera.t :Lo n of motion to adjourn .J:rfo RESOLUTION NO. 71-53-2 FIXING TIME AND PLACE FOR PUBLIC HEARING ON ENGINEERiS REPORT A PBSOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 2, OF ORANGE COUNTY, CALIFORNIA, TO RECEIVE AND FILE INTERIM FIVE YEAR MASTER PLAN OF WASTE WATER FACILITIES, SUBMITTED BY LOWRY AND ASSOCIATES; AND DIRECTING THE SECRETARY TO PUBLISH NOTICE OF PUBLIC HEARING ON SAID REPORT * * * * * * * * * * * * * The Board of Directors of County Sanitation District No. 2, of Orange County, California, resolves as follows: WHEREAS, the report of Lowry and Associates, engineers for the District, dated March, 1971, and ordered by minutes order June 30, 1970, ·was presented to the Board. NOW, THEREFORE BE IT RESOLVED: Section 1. That the Interim Five Year Ma.ster Plan of Waste Water Facilities for County Sanitation District No. 2, of Orange County, California., dated Ma.rch 1971, prepared and submitted by Lowry and Associates, is hereby received and ordered filed in the office of the Secretary of the District; and, Section 2. That this Board finds and it does hereby find that said report complies with the provisions of the County Sanitation District Act (Chapter 3, Pa.rt 3, Division 5 of the Hea.l th and Safety Code) and that it is satisfactory to this Boa.rd; and, Section 3. That this Boa.rd fix and it does hereby fix the 12th day of May, 1971, at the hour of 7:30 p.m. at the District's office at 10844 Ellis Avenue, FountA.in Valley, California. as the time and place for hearing objections to said _report and to doing all or any part of the work referred to in said report; and, Agenda. Item #5 A-·l District No. 2 Section 4. That the. Secretary be and is hereby ordered to publish notice of said hearing in the Anaheim Bulletin for the time and in the manner provided by law. PASSED AND ADOPTED at an adjourned regular meeting held April 19, 1971. Agenda. Item #5 A-2 District No. 2 RESOLUTION NO. 71-42-2 APPROVING SECOND AMENDMENT AND FIRST SUPPLEMENT TO WASTE WATER INTERCEPTOR CAPACITY AGREEMENT WITH RIVERSIDE C0U~TY FLOOD CONTROL AND WATER CON- SERVATION DISTRICT A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 2, OF ORANGE COUNTY, CALIFORNIA, APPROVING SECOND AMENDMENT AND FIRST SUPPLEMENT TO WASTE WATER INTERCEPTOR CAPACITY AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT * * * * * * * * * The Board of Directors of County Sanitation District No. 2, of Orange County, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. That the certain Second AmenGffient a.nd First Supplement to Waste Water Interceptor Capacity Agreement with Riverside County Flood Control and Water Conservation District, providing for alternate financing of Riverside County Flood Control and Water Conservation District's share in the construction costs of Santa. Ana River Interceptor from Plant No. 1 to Katella Avenue, is hereby a.pp roved a.nd accepted; and, Section 2. That the Chairman and the Secretary of the District be authorized and directed to execute said amendment on behalf of the District. PASSED AND ADOPTED a.t an adjourned regular meeting held March 30, 1971. Agenda Item #6 -B-District No. 2 -i• "-"" .. '710310 -! SECOND AMENm~lENT AND FIRST SUPPLEMENT TO WASTE WATER INTERCEPTOR CAPACITY ~GREEMENT . THIS SECOND AMENDMENT AND FIRST SUPPLEMENT of that certairi Waste Water Interceptor Capacity Agreement of May, 1970, is made and ent~red into this ~day of March, 1971, by COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY, herein called "District 2" and RIVERSIDE COUNTY FLOOD CONTROL AND WATER.CONSERVATION DISTRICT, herein called "Riverside District". RECITALS 1. Riverside District has in good faith and with due diligence attempted to implement the provisions of the Waste Water Interceptor Capacity Agreement within the time limits therein set forth. 2. Due to the overloading of its existing trunk sewers, it is essential that District 2 build the first stage of Reach 1 of the Santa Ana River Interceptor downstream from Katella Avenue. {See map, Exhibit "D", attached.) To that end, District 2 proposes to award initial contracts for said construction work during the summer of 1971. It is in --the interests of the general public within the Santa Ana River Watershed that said first ~tage of Santa Ana River Interceptor should contain capacity for the ultimate require- ments of the drainage area upstream from Prado Dam, which have been determined to be 50 rngd. 3~ In order to facilitate the i~ediate construction ·• Ar;;enda. Item #6 C-1 District No. 2 . ~ I L_ .. . '·. ~ ... 710310 of said first stage of Reach 1, Riverside District has joined Distric~ 2 in an application for Federal and State g~ant funds ~? assist in such construction. · 4. Although the original Waste Water Interceptor Capacity Agreement contempl~ted the _prior funding by ; Riversfde District of its share of· the entire Santa Ana ·.River Interceptor, it now appears feasible to undertake said construction in a series of sections to be scheduled .• over a period of time. For that purpose, it is essential only that Riverside District be prepared to purchase that .·portion of its capacity right which is representec"!-by con- struction costs actually incurred in staged construction by District 2. COVENANTS NOW THEREFORE, IN GONSIDERATION of the premises and the covenants hereinafter contained, the parties agree as follows: .- -· "FIRST SUPPLEMENT ·1. Definitions. The definitions of the original _agreement are hereby adopted and used in this amendment. 2. Riverside District's Obligation. Riverside .... ·. District agrees to pay its proportionate share of the con- struction costs of the first stage of Reach 1 on the schedule, at the time, and in the amounts calculable in the same mapner ·as though said reach ha~ been const~ucted under the origi~al Waste Water Interceptor Agreem·ent; orovided, however, that .. -2- Agenda. I tern # 6 c -2 Djstrjct No 2 i . I. .f I ' J l L- r- l .. "' . '-'. .• (a) if Sanitation Districts.fail to approve on or before June 15, 1971, an extension of time for purchase of capacity under the Waste Water Treatment and Disposal Agreement,·in a form sub- st?ntially as Exhibit "E" her:et7 1 or . . (b) Federal and State grant funds equiva- ·.lent to 50% of Riverside District's share of audited capital costs are not formally offered, Rive'rside District shall have ·the right to withdraw from said obligation and abandon its rights her.eunder without further cost or penalty. Said withdrawal shall be accom- plished by serving written notice on District 2 at least ten days before G11e award of the first construction contract on the first contract for construction o.n said first stage of Rec.ch 1. Provided, howeve:r, that Riverside ·District shall ·be obli~ated, notwithstanding any such withdrawal, for its proportional share of any audited capital. costs incurred prior to such n<;>tice of withdrawal. ·Provided, further, that nothing herein contained shall require District 2 to construct said first stage of Reach 1. · 3. Nature of Right Acquired. The carryin~ capacity right acquired by Riverside District by reason of its par~ ·ticipation in audited capital costs of· said first stage of ·-·-··-·Reach 1 ·shall ·extend only to said first stage of Reach 1 and . shall not represent a right to discharge waste water into any other faci~ity of District 2. Riverside District shall have 710310 -3- c -3 District I·~ o . 2 l f . i t L .. no right to discharge waste water into the existing facil- ities of District 2 until Riverside District shall have acquired treatment and disposal capacity in the existing expanded facilities of Sanitation Districts. 4 •. -Option to Participate in Subsequent Reaches. Riverside ·District shall have the option, on six months' written notice from District 2, to participate in and to acquire 50 mgd carrying capacity in each and all subsequent reaches of Santa Ana -River Interceptor on the same terms and conditions and upon payment of the sums as provided in the original contract. Upon compl~ti~n of the entire Santa Ana River Interceptor, Riverside District's rights shall be the same as provided under said original contract. SECOND AHENm·lENT S. Capital Payment~. The provisions of Paragraph 2 are amended to add the following: "Any delinquent payment hereunder by Riverside District shall bear interest at the · rate of 7% per annum from·date of delinquency." 6. Option to Reduce Capacity. The provisions of Paragraph 8 are deleted from the Waste Water Interceptor Capacity Agreement. 7. Financing by Riverside District. Paragraph 10 ---i-s -amended to read in full as follows: "Ri ve.rside District will finance, construct and install its own waste water ~ollection and interceptor system within its boundaries for the purpose of delivering its waste water to.the delivery 710310 -4- Agenda Item # 6 c-4 District :':-·. 2 i t .I I j L. ~· "-""' .. ·point.·" IN WITNESS WHEREOF the parties have affixed their · signatures as of the day and date first above written. Approved as to form: MILLER, NISSON & KOGLER By Counsel Reconunended: By Chief Engineer Approved as to form: RAY T. SULLIVAN, JR. County Counsel CLAYSON, STARK, ROTHROCK & MANN .~Y .. -----------=-----Special Counsel COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY By Chairman of the Board of Directors .Secretary RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By Attest: Chairman of the Board-of Sup2rvisors DONALD D. SULLIVAN, Clerk By 710310 -s~ Aczenda Ite!n #.6 c -5 D l strict ~·: o . 2 l i L- r- :-t> ; ' (D ;:) p, p:i H (i- :2 ;:::I ~ 0\ 0 I 0\ l ~ '.fl le+ . 1-i ;-J· () le+ I·-. 10 r) .. ---1 ttj x ~ H LO H 1--J . tJ :: I""-• \ r i ~! ~· ( .( ...... ----FIRST STAGE - .. , ...... ~ PLAN OF SANTA ANA RIVER' INTERCEPTOR SrtOWING FIRST STAGE · I I REACH ( ·- ... ,. I· .·I . ,REACH 2 : _.. _____ , .. I I -------· .. __ _ I I "' _I· . ..__,... .. . \ FIRST AMENDMENT TO WASTE WATER TREATMENT AND DISPOSAL AGREEMENT THIS AMENDMENT of the Waste Water Treatment and Disposal Ag~eement of May, 1970, is made and entered into this day of March, 1971, by Sanitation Districts and Riverside District. -RECITALS 1. Riverside District has in good faith and with d"..!e . · diligence sought to implement the provisions of the Waste Water Treatment and Disposal Agreement within the time periods set forth. 2~ Riverside District and District 2 have concurrent- ly herewith entered into an amendment of and supplement to the Waste Water Iriterceptor Capacity Agreement, whereby Riverside District commits "itself to purchase and acquire a 50 m.g.d. capacity right in the first stage of Reach 1 of the Santa Ana River interceptor in order to preserve said c~pacity for use for the draining area upstream from Prado Dam. 3. Ultimate ~mplementation of the regional interceptor, .·treatment and disposal system contemplated by the original agreements between the parties is in tpe best interests of the general public within the Santa Ana River Watershed. NOW THEREFORE, IN CONSIDERATION of the premises, of the --· concurrent execution of said amendment of the Waste Water Inter- ~eptor Capacity Agreement, .and of the covenants hereinafter 710310 EXHIBIT E -1- Agenda. Item f7 ---D-1 District lfo. 2 t I i L_ r . .. , ...,_, .. 710310 contained, the parties hereto agree as follows: 1. Effective Date and Term of Right. Paragraph l(d) :is amended to add at the end thereof the clause: "but in no event later than December 31, 2023." 2. Payment for Initial 5 m.g.d. Regulated Maximum Flow. Paragraph 2(a) (1) is amended to read: "The sum of $1,625,000, escalated, payable pr~or to discharge of waste water by Riverside District pursuant hereto." 3. __ Financing by Riverside District. Paragraph 8 is amended to read in full as follows: "Riverside District shall finance, ·construci and install its own waste water collection system within its bo~ndaries for the puipose of delivering its waste water to the delivery point." IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above writter .. EXHIBIT E -2- Agenda. It·erri #z D -2 District ~:o. 2 I L_ .- Meeting Date '\ \~ (), Time -s : 0 0 District ~Q DISTRICT 1 I \ JOINT BOARDS -- Gris et He r rin 71·{3 ·i. Culve r Mi l ler Coco Arbiso Lewis Po rte r Baum Hogard Battin Berton Wes t ra , Ch ristie Root DISTRI CT 2 I Clark Mag nus I Davi s Bousma..n Jus t ti' Harper ± Step h enson Dutton Chri stie / Root Finne l l Go me z • ""lar k ., Magnus + Gib bs Cu l ve r / Green Sh ipley Stephenson ./ Dutton Gris e t Herrin Finne ll ./ Gome z ~..! Harvey Kanel Herrin "-Gri s et " Herrin Gris et S i ms .,; Zuniga ""' Hirth Croul Smith ./ Hileman Hyde Kroes en Wedaa / Machado '\ Just Harper. Winn / Schniepp < Mc Innis Hirth f Battin v' =i= Mc Whinney Mill e r Coco DISTRICT 3 Parsons Culve r Porter Arbiso Lewis Roge rs Hirth Baum Hogard Shipl ey Coen Berton Westra Sims Zuniga Ch ristie Root Smith Hileman Cl ark M Wedaa Ma chado __ agn us Davis Bousman Winn SchniepJ Stephenson Dut ton --Battin Green Shipley Harvey Kan e l Herrin Gris et * * * * * * Hyde Kroes en Mitche l l Just Harper Boyd Gol dbe r ~ '-icWhinney ims Zuniga OTHERS Battin Harper v DI STRICT 5 Br own ./ Sylvester 7 Parsons Carlson Hirth Croul Clarke Battin Dunn Finste r .. DISTR I CT 6 Ga lloway- Hohener Porter Hunt Mc Innis Hirt h Ke ith Rat tin Lo wry Maddo x ./ DISTRICT 7 Martinson ~ Niss on Mi ller Co c o Pie rsall Gri s et Herrin Sigler Po r ter Stevens Rogers Hirth Crabb Smith Hi leman Battin 'l I STRICT 11 Shipl ey Coen Gibbs Batti n DI STRICT 8 Boyd Goldberg Mitchell .. ..,., . Battin FIRST AMENDMENT TO WASTE WATER TREATMENT AND DISPOSAL AGREEMENT THIS AMENDMENT of the Waste Water Treatment and Disposal Agreement of May, 1970, is made and entered into this day of March, 1971, by Sanitation Districts and Riverside District. -RECITALS 1. Riverside District has in good faith and ~ith ~~e diligence sought to implement the provisions of the Waste Water Treatment and Disposal Agreement within the time periods set forth. 2~ Riverside District and District 2 have concurrent- ly herewith entered into an arnendrnent of and supplement to the Waste Water Interceptor Capacity Agreement, whereby Riverside District commits itself to purchase and acquire a 50 m.g.d. capacity right in the first stage of Reach 1 of the Santa Ana River interceptor in order to preserve said capacity for use for the draining area upstream from Prado Darn. 3. Ultimate implementation of the regional interceptor, treatment and disposal system contemplated by the original agreements between the parties is in the best interests of the general public within the Santa Ana River Watershed. NOW THEREFORE, IN CONSIDERATION of the premises, of the concurrent execution of said amendment of the Waste water Inter- ~ ~eptor Capacity Agreement, .and of the covenants hereinafter 710310 EXHIBIT E -1- Agenda. Item k.7 D-1 District No. 2 1 ! l L ...• 710310 contained, the parties hereto agree as follows: 1. Effective Date and Term of Right. Paragraph l(d) ~is amended to add at the end thereof the clause: "but in no event later than December 31, 2023." 2. Payment for Initial 5 m.g.d. Regulated Maximum Flow. Paragraph 2(a) (1) is amended to read: "The sum of $1,625,000, escalated, payable prior to discharge of waste water by Riverside District pursuant hereto." 3. Financing by Riverside District. Paragraph 8 is amended to read in full as follows: "Riverside District shall finance, ·construct and install its own waste water collection system within its boundaries for the purpose of delivering its waste water to the delivery point." IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above writter .. EXHIBIT E -2- Agenda. It·eni #z D -2 District f'.o. >".:') 2175. Fiscal Year 1970-71 Projects. Projects for w~1ich application for a federal grant are made prior to May 1, 1971, and for which con- struction contracts were let subsequent to July 1, 1970, shall be processe1 a3 follows: (a) If the applicant has received a basic federal grant offer pu.rsua.--i.t. to Section 8( 2) (b) of the Federal Act prior to the effective date of these regulations, he may apply for an increased federal grant ~nd a stat~ gra_rit. _ The. additional gra.'1.t aid shall be made available provided the applica.~t agrees to comply with the provision of Section 2142. ~evenue Program. _If completion of project construction occurs before Jan1:1ary 1,.1972, unplementation of the revenue program may.be deferred i:ntil Ja..riuary 1, 1972~ or such later date as the division may determine is reasonable. (b) If the applicant has not received a federal grant offer prior to the effective date of these reg-ulations, his project shall be processed pursuant to the requirements of this subchapter except that: (1) The precertification report shall serve in place of the project report described herein and may be filed anytime prior to :May 1, 197lc (2) The provisions of Section 2141, Financing Capital Costs, must be complied with by no later than June 1, .1971, except that consummation of contract arrangements between agencies participating in a joint project may be deferred if deemed reasonable by the division. (3) Project certification 'can be made by the division . contingent upon later approval of construction plans and specifications. Said plans and specifications must be sub- mitted within 60 d'ays of state certification or by J·uly 1, 1971, whichever occurs later. (4) The division may certify a project which sub- stan~ially conforms to the requirements of this subchapter. (5) The division may certify a project prior to the execution of a state grant contract.· Projects which do not receive a grant, due to lack of federal funds, shall be considered for inclusion in the 1971-72 fiscal year project list. , CD f~<~ ,~L_ ('V ~ .~ tt-y~ ~ "710310 SECOND AMENDMENT AND FIRST SUPPLE~.iENT TO WASTE WATER INTERCEPTOR CAPACITY AGREEMENT THIS SECOND AMENDMENT AND FIHST SUPPLEMENT of that certain Waste Water Interceptor Capacity Agreement of May, 1970, is made and ent~red into this day of March, 1971, by COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY, herein called "District 2" and RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, herein called "Riverside District". RECITALS 1. Riverside District has in good faith and with due diligence attempted to implement the provisions of the Waste Water Interceptor Capacity Agreement within the time limits therein set forth. 2. Due to the overloading of its existing trunk sewers, it is essential that District 2 build the first stage of Reach 1 of the Santa Ana River Interceptor downstream from Katella Avenue. (See map, Exhibit "D", attached.) To that end, District 2 proposes to award initial contracts for said construction work during the summer of 1971. It is in -the interests of the general public within the Santa Ana River Watershed that said first ~tage of Santa Ana River Inter6eptor should contain capacity for the ultimate require- ~ents of the Grainage area upstream from Prado Dam, which have been determined to be 50 rngd. 3;. In order to facilitate the immediate construction ·• Af-;enda. Item #_6 C-1 Dtstrict No. 2 l L . ......,,,,, 710310 of said first stage of Reach 1, Riverside District has joined District 2 in an application for Federal and State grant funds to assist in such construction. · 4. Although the original Waste Water Interceptor Capacity Agreement contemplated the .Prior funding by Riverside District of its share of the entire Santa Ana .River Interceptor, it now appears feasible to undertake said construction in a series of sections to be scheduled over a period of time. For that purpose, it is essential only that Riverside District be prepared to purchase that .portion of its capacity right which is represente~ by con- struction costs actually incurred in staged construction by District 2. COVENANTS NOW THEREFORE, IN CONSIDERATION of the premises and the covenants hereinafter contained, the parties agree as follows: 'FIRST SUPPLEMENT 1. Definitions. The definitions of the original agreement are hereby adopted and used in this amendment. 2. Riverside District's Obligation. Riverside District agrees to pay its proportionate share of the con- struction costs of the first stage of Reach 1 on the schedule, at the time, and in the amounts calculable in the same mapner as though said reach haq been const.Cucted under the original Waste Water Interceptor Agreement; provided, however, that -2- Agenda. Item# 6 c -2 Djstrjct No 2 ... I I ~ .. __ ,..--., i - (a) if Sanitation Districts fail to approve on or before Ju_ne 15, 1971, an extension of time for purchase of capacity under the Waste Water Treatment and Disposal Agreement,· in a form sub- st?ntially as Exhibit "E" hei:::eto, or . (b) Federal and State grant funds equiva- lent to 50% of Riverside District's share of audited capital costs are not formally offered, Rive'rside District shall have the right to withdraw from ~aid obligation and abandon its rights her~under without further cost or penalty~ Said withdrawal shall be accom- plished by serving written notice on District 2 at least ten days before the award of the first construction contract on the first contract for construction on said first stage of Re2.ch 1. Provided, howevE.r, that Riverside District shall be obligated, notwithstanding any such withdrawal, for its proportional share of any audited capital costs incurred prior to such n<?tice of withdrawal. ·Provided, further, that nothing herein contained shall require District 2 to construct said first stage of Reach 1. 3. Nature of Right Acquired. The carryin~ capacity right acquired by Riverside District by reason of its par~ ·ticipation in audited capital costs of said first stage of ---··--Reach 1 ·shall ·extend only to said first stage of Reach 1 and . shall not represent a right to discharge waste water into any other faci~ity of District 2. Riverside District shall have 710310 -3- Agenda. Item # 6 c -3 District No. 2 ' I l L .. - r--, I 710310 no right to discharge waste water into the existing facil- ities of District 2 until Riverside District shall have acquired treatment and disposal capacity in the existing expanded facilities of Sanitation Districts. 4. Option to Participate in Subsequent Reaches. Riverside ·District shall have the op.tion, on six months' written notice from District 2, to participate in and to acquire 50 rngd carrying capacity in each and all subsequent reaches of Santa Ana River Intercep~or on the same terms and conditions and upon payment of the sums as provided in the original contract. Upon completion of the entire Santa Ana River Interceptor, Riverside District's rights shall be the same as provided under said original contract. SECOND AMENDMENT 5. Capital Payment~. The provisions of Paragraph 2 are amended to add the following: "Any delinquent payment hereunder by Riverside District shall bear interest at the rate of 7% per annum from·date of delinquency." 6. Option to Reduce Capacity. The provisions of Paragraph 8 are deleted from the Waste Water Interceptor Capacity Agreement. 7. Financing by Riverside District. Paragraph 10 -is -amended to read in full as follows: "Riverside District will finance, construct and install its own waste water collection and interceptor system within its boundaries for the purpose of delivering its waste water to.the delivery -4- Agenda Item#. 6 c-4 District N·:;. 2 I I L,.. __ ·point." IN WITNESS WHEREOF the parties have affixed their . signatures as of the day and date first above written. Approved as to form: MILLER, NISSON & KOGLER By Counsel Reconunended: By Chief Engineer Approved as to form: RAY T. SULLIVAN, JR. County Counsel CLAYSON, STARK, ROTHROCK & MANN ---~Y _______ _,_ _________ _ Special Counsel 710310 -5- Agenda. Item #_6 c -5 COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY By By Chairman of the Board of Directors Secretary RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By Attest: Chairman of the Board of Sup2rvisors DONALD D. SULLIVAN, Clerk By District No. 2 :-i> JtJ ([) ::J . p_, p:> H rt ([) s ~ O'\ 0 I O'\ t:::J f-J· ({) rt ~ }....J .. 0 rt i:::::: 0 I\) --·-~ ··--"-'----L . ...a....:.J:I tJj :>< :r. H U1 H 1-] -0 :: I ( ---__. ...._.- • ...... ----FIRST STAGE - .., .... ..., ... ( -- -9:i. PLAN OF SANTA ANA RIVER.INTERCEPTOR SHOWING FIRST STAGE · I I REACH .( . ~. . I . !REACH 2 : ~-------1- 1 ' -----·---- \ t: