HomeMy WebLinkAboutResolution 1972 - 0001RESOLUTION NO.72—i
AUTHORIZIITG EXECUTION OF AN AGRE~4ENT BETWEEN
COUNTY SAI’FITATICN DISTRICTS AND THE lEVIES
RANCH WATER DISTRICT
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS.1,2,3,
5,6,7,AND 11,OF ORANGE COUNTY,CALIFORNIA,
AUTHORIZING EXECUTION OF AN AGREEI?ENT BETWEEN
SAID DISTRICTS AND THE IRVII’TE RANCH WATER
DISTRICT PROVIDING FOR CAPACITY IN SANITATION
DISTRICT DISPOSAL FACILITIES
WHEREAS,it appears in the best interests of the public
health,safety and welfare for County Sanitation Districts Nos.
1,2,3,5,6,7,and 11,of Orange County,California,to enter
into an agreement with the Irvine Ranch Water District,to provide
for the joint use of Sanitation Districtst ocean disposal facilities
by Irvine Ranch Water District,for the disposal of 15 mgd of
secondary treated wastewater;and,
WHEREAS,at their regular meeting on August 11,1971,the
Boards of Directors of County Sanitation Districts Nos.1,2,3,
5,6,7,and II,approved in principle said joint use of Sanitation
Districts’facilities,provided the Irvine Ranch Water District
conforms to all quality and monitory requirements,present and
future,whichmay be i~posed by the Sanitation Districts;
NOW,THEREFORE,BE IT RESOLVED AND ORDERED:
Section 1 That the Boards of Directors of County Sanitation
Districts Nos.1,2,3,5,6,7,and 11,hereby authorize execution
of an Agreement for Capacity in Disposal Facilities with Irvine
Ranch Water District,dated
_____________________,subject to
conditions contained in Section 2 hereof.
Section 2 That funds received from Irvine Ranch Water District
under terms of said agreement shall be distributed to Couflty
Sanitation Districts Nos.1,2,3,5,E~,7,and 11,as provided in
the Joint Ownership,Operation and Construction Agreement of July 1,
1970,as amended.
Section 3 That the Chairman and Secretary of the Boards
of Directors of County Sanitation Districts Nos.1,2,3,5,6,
7,and 11 are hereby authorized and directed to execute said
agreement on behalf f their respective Districts.
PASSED AJ~D ADOPTED at a regular meeting held January 12,
1972.
STATE OF.CALIFORNIA
•COIThTY OF ORANGE
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I,J0 WAYNE SYLVESTER,Secretary of.the Boards of Directors
of County Sanitation Districts Nos.1,2,3,5,6,7,and 11,of
Orange County,California,do hereby certify that the above
and foregoing Resolution No.72-1 was regularly passed and
adopted at a regular meeting of said Boards on the 12th day of
January ,19 72,by the following vote,•to wit:
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AYES:Directors Edward Just (Chairman),Robert Battin,
John Berton,Ronald Caspers,Jerry Christie,Robert
Clark,Alvin Coen,.Norman Culver,Jesse Davis,
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Robert Finnell,Jack Green,Lorin Griset,John
•Harper,Robert Harvey,Dexter He~ieon,Wade Herrin,
Edgar Hirth,H.K.Holden,Joseph Hyde,Don Mclnnis,
Derek McWhinney,Clifton Miller,Lindsley Parsons,
William Phillips,Ellis Porter,Donald Shipley,
Hal Sims,Dor~Smi.th,Mark Stephenson,Henry Wèdaa
and Donald Winn .
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NOES:None
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ABSENT:None
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IN WITNESS WHEREOF,I have hereunto set my hand this 12th
day of January ,19 72 •
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•Sanitation Districts Nos.1,2,
3,~,6,7~and 11,of Orange
County,California
S-1OJ.
Ag~fica :t2m r·~o,_sJl..,.,,.... 7th Revised Draft
CSD 1-6-72
AGREEMENT :SBTWBRN COUN'T'Y SANITATION DISTRICTS
NOS. 1, 2, 3, 5, 6, 7, AND 11, OF ORANGE COUNTY
AND IRVINE RANCH WATER DISTRICT FOR CAPACITY
IN DISPOSAL FACILITY
THIS AGREEMENT, made and entered into this ----
day of , 1972, by and between COUNTY
SANITATION DISTRICT NO. 1, OF ORANGE COUNTY, for itself, and
as agent for COUNTY SANITATION DISTRICTS NOS. 2, 3, 5, 6, 7,
AND 11, OF ORANGE COUNTY, hereinafter referred tc:i as "Sanitation
District 11
, and IRVINE EANCH WATER DISTRICT, hereinafter referred
to as "Water District 11 ;
W I T N E S S E T H:
WHEREAS, Water District is a public corporation created
and governed by the California Water District I.aw (Division 13
of the Water Code of the State of California), and
WHEREAS, Sani ta ti on District is a public corpora t'ion
organized pursuant to the County Sanitation District Act (Chapter
3, Part 3, Division 5 of the Health and Safety Code),an~ is a
party to the Joint Ownership Operation and Construction Agreement
dated March 10, 1971, between itself and County Sanitation Dis-
tricts Nos. 2, 3, 5, 6, 7 and 11, and amendments thereto; and
WHEREAS, Sanitation District previously has constructed
a disposal facility conpisting of those facilities depicted on
Exhibit "A" attached hereto and by this reference made a part
hereof, which facilities are in some instances referred to herein
as 11 the outfall", which term relates to all of the portions of
the disposal facility set forth in Exhibit 11 A 11 commencing from
the "point of connection 11 design.a ted on Exhibit 11 A 11 to the present
terminus of the disposal facility in the Pacific Ocean, and
WHEEEAS, Water District is pursuing reclamation projects
for maximum beneficial use of water available to it, but desires
to purchase from Sanitation District FIFTEEN MILLION (15,000,000)
gallons per day capacity in the outfall;
NOW, THEREFORE, in consideration of the terms and
covenants herein contained, the parties to this Agreement do
hereby agree as follows:
1. Disposal Facility Capacity Right. Sanitation
District agrees to sell, and Water District agrees to purchase
capacity in the outfall in the amount of FIFTEEN MILLION
(15,000,000) gallons per day. The capacity herein purchased by
Water District shall be peak capacity. The capacity of water
District shall not be utilized until such time as facilities of
Water District are connected to the outfall at the point of con-
nection designated on Exhibit 11 A". The cost of such connection
shall be borne solely by Water Districi. Inasmuch as Water
District concurrently ~ill be building a connecting facility,
Water District·may include in its construction contract the con-
struction of the connection to the outfall. However, all plans
and specifications therefor first shall be approved in writing by
Sanitation District and the actual construction itself at the
option of Sanitation District may be inspected by Sanitation
District or its designated representative at the cost of Water
District. The purchase price provided for hereunder shall be paid
on January 1, 1973, or upon acceptance and completion of the con-
struction of the interconnecting facility, inclusive of the con-
nection to the outfall of Sanitation District, whichever shall
occur first.
2. Right of Way. Sanitation District will grant any
reasonably necessary rights of way needed by Water District to
make such connection over and upon property owned by Sanitation
Di.strict.
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3. Use. Subsequent to completion of construction of
the required ~onnection and payment of the purchase price pro-
vided for herein, Water District shall be entitled. to deliver
effluent in the amount herein specified to the designated point
of connection for disposal thereof by Sanitation District. Prior
to any such discharge, Water District shall first have obtained
all discharge requirements required by law for such discharge
from the California Water Quality Control Board, Santa Ana Region
or its successor agency and any other agency that may have juris-
diction or control over such discharge.·
4. Quality Criteria and Violations Thereof. The:··
effluent delivered by Water District to Sanitation District
shall meet the discharge requirements applicable thereto and
the Quality Criteria established and maintained by Sanitation
District for itself and the other agencies that may discharge
into those facilities during the term of this agreement. It
is understood that Sanitation District may amend and change its
Quality Criteria from time to time.
In the event the effluent delivered by Water District
to Sanitation District facilities fails to meet the aforesaid
discharge requirements or Quality Criteria of Sanitation District
and said violation constitutes a threat to the safety and con-
tinuing operation of th~ existing or expanded facilities of
Sanitation District, Sanitation District shall have the right
upon twenty-four (24) hours notice, in writing, to suspend all
or part of Water District 1 s use of its disposal facility capacity
right until such time as said Water District's effluent complies
with the applicable discharge requirements and the aforesaid Quality
Criteria of Sanitation District. In the event that Water District
continues to discharge effluent in violation of the applicable
standards or in violation of said Quality_ Criteria twenty-four
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(24) hours after receipt of notice in writing to correct or
remedy said violation Water District shall pay to Sanitation
District a penalty in the sum of Five Hu.ndred Dollars ($500) per
million gallons of waste water so discharged in violation of said
Criteria or standards. In addition tpereto, Water District shall
pay to Sanitation District the cost as reasonably determined and
certified by Sanitation District 9f repairing any damage to
Sanitation District's facilities caused by the discharge of
effluent after receipt of such notice either to suspend or correct
from Water District's system in violation of the applicable dis-
charge stand&rds or Sanitation District's Quality Criteria.
5. Purchase Price. The purchase price to be paid by
Water District is the sum of $539,550.00. In the event such
payment is not received on the date herein provided, this Agree-
ment shall terminate.
6. Additional Facilities. In the event that any
federal, state, regional or local regulatory body or agency
having jurisdiction may hereafter require construction of an
extension of the outfall or modification of the outfall, Water
District shall participate on a proportionate basis in any con-
struction required to provide such additional facilities, and
such participation by Water District shall be based on the ratio
of its capacity in the facility required to be constructed to the
total capacity thereof. Any financial assistance which is received
from the federal government, the State of California, or any other
source for such construction, shall be credited.to Water District
on the same ratio.
7. Metering. Water District shall install a flow
regulator and recording or totalizing meter capable of measuring
the quantities of effluent discharged from its facilities to the
outfall at the point of connection. Said flow regulator shall be
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adjusted to limit the peak flow t_o FIFTEEN MILLION (15,000,000)
gallons per day. The meter shall be located at the point of
connection or elsewhere as Sanitation Di~trict reasonably may
determine. Such meter shall be the kind. and type approved by·
Sanitation District. The metering fa~ilities herein provided
for shall be subject to inspection and testing by Sanitation
District from time to time and shall be read at periodic intervals
by Sanitation District. All costs for installing, maintaining,
reading and testing said meters shall be borne by Water District.
8. Assignment. Neither this Agreement nor any interest
hereunder shall be transferred or assigned by Water District to
any person, entity or concern without the prior written consent
of Sanitation District, prqvided, however, that nothing herein
contained shall prevent Water District from designating or allo-
cating to other public agencies a portion of its capacity in the
outfall so long as such action does not affect Water District's
liabilities and obligations hereunder.
9. Acts of God. Neither party hereto sha·ll be liable
for failure to comply with any term or condition of this Agreement
by reason of flood, fire, earthquake or act of God, provided that
due diligence is exercised to repair or replace facilities damaged
and to perform hereunder following such occurrence. Sanitation
District and Water District shall each pay its proportionate share
of the cost of such replacement based upon the ratio of its capacity
in the facility required to be repaired or replaced.
10. Approval by State Treasurer. Water District, within
thirty (30) days after execution hereof shall seek approval of
this Agreement by the State Treasurer. This Agreement sh~ll be
and is conditioned on Water District obtaining such approval.
11. Operation and Maintenance Cost. Water District
agrees to pay on demand, and not more frequently than semi-annually,
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its .share of all operation and maintenance costs pertaining to
facilities downstream of the point of connection. Water District
agrees to pay initially as its share of such costs· $1. 00 per
million gallons of effluent discharged at the point of connection
designated on Exhibit "A". This amount is deemed by Sanitation
District to be sufficient to cover its costs in regard thereto,
including any ordinary repairs which are defined for the purpose
of this Agreement, as any repairs requiring an expenditure of
less than FIVE THOUSAND ($5,000) DOLLARS for any.one incident.
Said charge shall be reviewed and adjus·ted periodically if found
to be inappropriate. The foregoing costs do not include chlorina-
tion of effluent disposed of through the outfall. If such is re-
quired, the cost thereof shall be prorated on the amount of
effluent disposed of through the outfall.
12. Relocation, Reconstruction, or Major Repairs.·
In the event Sanitation District, for reasons other
than its own convenience or benefit, incurs future costs for
relocation, reconstruction, or major repairs of all or any portion
of the outfall, Water District shall pay a proportionate share of
such costs which shall be based on the ratio which the capacity
owned by Water District bears to the total capacity of Sanitation
District in the facility after such relocation, or reconstruction.
Any financial assistanc·e which is received from the federal govern-
ment, the State of California, or any other source shall be
credited to water District on the same ratio. Sanitation District
shall give Water District reasonable notice of any such relocation,
reconstruction, or repairs, and said payment shall be made within
thirty (30) days after presentation of invoice by Sanitation
District.
13. Term, First Refusal and Capital Replacement Charge.
The term of this agreement shall be forty (40) years from the date
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of its execution. Water District shall have a right to first
refusal to extend the term for a like period. First· refusal .
shall be a part of each additional term •. · Sanitation District
shall give Water District twenty-four (24) months notice of its
election to continue selling excess capacity rights prior to the
expiration of the initial term provided for herein or any subse-
quent like term.
It is acknowledged that Sanitation District may be
required to replace the outfall or provide other means of disposing
of the effluent of Sanitation District and Water District. In
order that Sanitation District might be assured that it will have·
funds available from Water District for such purposes, commencing
five (5) years after payment of the purchase price provided for
in paragraph 1 hereof, Water District shall pay annually to
Sanitation District three (3%) percent of such purchase price to
be used by Sanitation District. In the event Sanitation District
does not have excess capacity rights to sell or elects to terminate
this agreement during the initial term, the original purchase price-
provided for hereunder shall not be repaid and it shall be retained
by Sanitation District. Annual payments received hereunder by
Sanitation District shall be repaid to water District in five (5)
equal a:nnual payments without interest. Such payments shall be
received by Water District on or before January 1 of each succeeding
calendar year until paid.
IN WITNESS WHEREOF, the parties hereto have executed
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this Agreement as of the day and year first hereinabove written.
APPROVED AS TO FORM:
Miller, Nissan & Kogler
By ______ _
APPROVED AS TO FORM:
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By
--.,.-,,-~-......---=---:-----Alex and er Bowie,
General Counsel
COUNTY SANITATION DISTRICT NO. 1,
OF ORANGE COUNTY, and as Agent
for County Sanitation Districts
Nos. ·2, 3, 5, 6, 7, and 11, of
Orange County
By
--c"""h-a"""i,_r_m_a_n-,--=B-o_a_r_d.--o_f.,..,_D="T"i_r_e_c~t-o_r_s ___ _
By-,,,,..---;----:--~---::c-::,,-,----,------S e c re tar y, Board of Directors
IRVINE RANCH WATER DISTRICT
By .
President
By
--,,,------,.-----------------~ Secretary
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TREATMENT PLANT N! 2 COUNTY SANITATION OTSTR!CTS
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ORANGE: COIJNT'I' CALIFORNIA 1
JOINT V/Ofll<S
WASTEWATER ft.OW ~l:MATIC -
JOHN CAROLLO ENCi!llE~S
PLATE ~! I ":i/•1111
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