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: