HomeMy WebLinkAboutResolution 1977 - 0095RESOLUTION NO.77-95-7
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7 APPROVING
AN AGREEMENT FOR COLLECTION OF SEWER
CONNECTION CHARGES AND RESCINDING THE
EXISTING AGREEMENT IMPLEMENTING COUNTY
SANITATION DISTRICT NO.7 ORDINANCE NO.705
WITH THE COSTA MESA SANITARY DISTRICT
WHEREAS,County Sanitation District No.7 enacted
Ordinance No.705 providing for rules and regulations relating
to connections to District sewage facilities,establishing
charges theref or;and,
WHEREAS,County Sanitation District No.7,and Costa
Mesa Sanitary District,made and entered into an agreement
dated March 6,1963,which provided for,among other pro
visions,the collection of connection charges imposed by
County Sanitation District No.7 pursuant to Ordinance No.
705 as amended;and,
WHEREAS,County Sanitation District No.7 and the
Costa Mesa Sanitary District,have determined that the terms
and conditions of the presently-existing agreement are no
longer in the practical best interests of the respective
Districts,and therefore,desire to rescind said agreement
and re-enter into a new and different agreement setting forth
the intent of the parties as of this date;and,
WHEREAS,the Costa Mesa Sanitary District has approved
the agreement for the collection of the sewer connection
charges as proposed by County Sanitation District No.7;
NOW,THEREFORE,the Board of Directors of County
Sanitation District No.7 does hereby resolve:
Section 1 That certain agreement attached hereto as
Exhibit “A”,providing for the collection of sewer connection
charges by the Costa Mesa Sanitary District of Orange County,
California,is hereby approved,to be effective September 1,
1977.
Section 2 The General Manager,the District Secretary,
and General Counsel are all instructed and authorized to
prepare and execute all necessary documents required to implement
the provisions of Ordinance No..716 of County Sanitation District
No.7 pertaining to the establishment of sewer connection
charges and to implement the provisions of the above—referenced
agreement.
•PASSED AND ADOPTED at a regular meeting this 13th day
of July,1977.
•
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11/09/76
11/17/76
3.AGREEMENT FOR COLLECTION OF SEWER CONNECTION
CHARGES--COUNTY SANITATION DISTRIC’I’NO.7
2
3 THIS AGREEMENT,made and entered into this
_____
day of
4
_____________,197,by and between Costa Mesa Sanitary
5 District of Orange County,California,hereinafter called
6 “Sanitary District”,and County Sanitation District No.7 of
‘1 Orange County,California,hereinafter called “District”.
8 WITNESSETH:
9 WHEREAS,District has by the enactment of Ordinance No.705
3.0 as amended,established a schedule of sewer connection charges;
and
12 WHEREAS,all or a portion of the improved territory of the
13 District is within the limits of the Sanitary District;and
14 WHEREAS,the Sanitary District,by and through its engi
15 neering department regulates all new construction within the
3.6 Sanitary District;and
17 WHEREAS,it is for the mutual benefit of Sanitary District
18 and District that the sewer connection charges provided for in
19 said Ordinance No.705 as amended of the District be collected
20 in a manner most expedient and least burdensome on the owners
21 of property within the Sanitary District;and
22 WHEREAS,the Sanitary District will benefit by the con-
23 struction and maintenance of sewerage facilities of the District
24 within the limits of Sanitary District by District from the
25 funds to be collected from said sewer ~onnection charges;and
26 ~REAS,Sanitary District and District have heretofore
2?
on the 6th day of March,1963,entered into an agreement for
28 the collection of District sewer funds,and the parties hereto
29 have agreed to terminate said contract as of the date set forth
30 herein.
NOW,THEREFORE,it is mutually agreed as follows:
32 1.Sanitary District and District,for and in~ccnsideratior~
3.of the payments which have already been made upon said original
2 contract,and for and in consideration of the further covenants
3 and agreements herein set forth,now agree that this Agreement
4 shall be substituted in place of arid instead of said original
5 agreement.
6 2.Sanitary District,as agent v.’ill and does hereby agree
7 to issue permits and collect the charges established by
6 District under said Ordinance No.705 as amended,from time
9 to time.
3.0 3.District shall prescribe those classifications of
11 charges to be collected by Sanitary District.
3.2 4.Sanitary District will account for the charges col—
3.3 lected and remit to District monthly the monies so collected,
14 except as provided in Section 7 hereof.
3.5 5.Procedures mutually agreeable to Sanitary District
16 and District shall be established for collection and remit-
3.V tance of said fees.
3.8 6.District does hereby appoint and nominate Sanitary
19 District and its agents and employees as the same may be
20 designated by Sanitary District as agents of the District for
21 the purpose of issuing permits and determining and collecting
22 the sewer connection charges established under Ordinance Mo.
23 705.This does not autllori2e Sanitary District to act as
24 agent for the General Manager or to perform the duties of the
25 General Manager of the District,except as expressly set forth
26 in this Agreement.
27 7.Sanitary District agrees to act as agent for District
28 as herein provided for a fee which is equal to five (5%)per—
29 cent of the fees collected by Sanitary District for permits
30 issued pursuant to the provisions of this Agreement.Said
31 five (5%)percent fee of Sanitary District shall be deducted
32 from the charges collected by Sanitary District and remitted
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a-
3.to District pursuant to Section 4 herein.
2 8.Sanitary District agrees to prepare and submit to
3 District a detailed accounting statement of the fees collected
4 and the interest earned thereon through the effective date of
5 this Agreement,under the previous agreement executed on the
6 6th day of March,1963,and agrees to pay that sum to
7 District within thirty (30)days after the effective date of
8 this Agreement.
9 9.District agrees to pay Sanitary District a sum equal
10 to five (5%)percent of the fees collected under that pre—
13.vious agreement executed on the 6th day of March,1963,as
12 reimbursement for costs expended by Sanitary District.Sani—
3.3 tary District may deduct said five (5%)percent from payment
3.4 provided for under Section 8 hereof.
15 10.District and Sanitary District agree that if the
16 Ssnitary District is presented with a dispute as to the
17 validity,reasonableness,enforcibility,or applicability of
3.8 the charges agreed to be collected by it for the District,the
19 Sanitary District shall notify the District of the problem and
20 the District shall take over the collection and enforcement
21 of its ordinances in subject cases.It is contemplated that
22 this shall be the procedure for serious disputes made upon some
23 current legal right or basis as distinguished from crank-type
24 or ill—founded disagreements.
25 11.Sanitary District shall not be liable to the District
26 for its unintentional and ir.advertent failure to collect a
27 connection charge actually due District or its unintentional
28 or inadvertent miscalculation of the amount of the charges,
29 fee,or fees due District.
30 12.District hereby agrees to bold Sanitary District free
31 and harmless of any and all liability that might arise if any
32 such fees collected by the Sanitary District shall be determined
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2.to have been illegally collected..
2 13.District agrees to provide legal services in the de
3 fense of any action seeking to collect sewer connection fees
4 alleged to have been illegally collected.-
5 14.It is agreed that at the request of either party
6 hereto,formal renegotiation of this Agreement shall he made
7 at two years from the effective date hereof.
8 15.This Agreement may be terminated by either party
9 giving 180 days written notice to the other party decignating
10 a termination date,which date shall be the first day of a
11 calendar month.
12 IN WITNESS WHEREOF,the parties hereto have executed
13 this Agreement the day and year first above written.
14
15 COSTA MESA SANITARY DISTRICT OF
ORANGE COUNTY,CALIFORNIA,a
16 public corpor~ior~~
17 By L~A1*...~
APP VE AS TO FORM By~t~~~7
COUNTY SANITATION DISTRICT NO.7 OF
22 ORANGE COUNTY,CALIFORNIA,a public
corporation
23
By_
24 chairman,Board of Directors
25 By(
Secretary,Board of Directors
26 APP VED AS TO FORM
32 1/-4-
-
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of
County Sanitation District No.7 of Orange County,California,do
hereby certify that the above and foregoing Resolution No.77-95-7
was regularly passed and adopted at a regular meeting of said Board
on the 13th day of July ,1977 ,by the following vote,to wit:
AYES:Pete Barrett (Chairman),Bill Vardoulis,Thomas Riley,
Vernon Evans,Francis Glockner,Don Saltarelli and
Don Smith
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
official seal of County Sanitation District No.7 of Orange County,
California,this 13th day of July
,
1977
.
~etary,
o rd “Di ctors of County
aniton.istrict No.7
of Orange County,California
S-104