HomeMy WebLinkAboutResolution 1977 - 0096‘~.•1
RESOLUTION NO.77-96-7
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 CITY OF SANTA ANA
WHEREAS,County Sanitation District No.7 enacted
Ordinance No.705 providing for rules and regulations relating
to connections to District sewage facilities,establishing
charges therefor;and,
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WHEREAS,County Sanitation District No.7,and the
City of Santa Ana,made and entered into an agreement
dated July 18,1962,as amended October 10,1962,which pro
vided for,among other provisions,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 City
of Santa Ana,have determined that the terms and conditions
of the presently—existing agreement are no longer in.the
practical best interests of the respective parties,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,
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WHEREAS,the City of Santa Ana 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 City of Santa Ana,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 pre
pare 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 con
nection 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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1 /AGREEMENT FOR COLLECTION OF SEWER CONNECTION
CHARGES--COUNTY SANITATION DISTRICT NO.7
2 /
3 THIS AGREEMENT,made and entered into this
_____
day of
4
______________,
l976’~by and between the City of Santa Ana,a
5 municipal corporation,hereinafter called “City”,and County
6 Sanitation District No.7 of Orange County,California,herein—
7 after called “District”.
8 WITNESSETH:
9 WHEREAS,District has,by the enactment of Ordinance No.
10 705,as amended,established a schedule of sewer connection
12 charges;and
3.2 WHEREAS,all or a portion of the improved territory of the
13 District is within the City limits of City;and
.14 WHEREAS,the City,by and through its building department,
15 regulates all new construction within the City;and
16 WHEREAS,it is for the mutual benefit of City and District
17 that the sewer connection charges provided for in said Ordinance
18 No.705 as amended,of the District be collected in a manner
19 most expedient and least burdensome on the owners of property
20 within the City;and
WHEREAS,the City will benefit by the construction and
22 maintenance of sewerage facilities of the District within the
23 City limits of City by District from the funds to be collected
24 from said sewer connection charges;and
25,WHEREAS,City and District have heretofore,on the 18th
26 day of July,1962,entered into an agreement for the collection
27 of District sewer funds,and the parties hereto have agreed to
28 terminate said contract as of the date set forth herein.
29 NOW,T}]EREFORE,it is mutually agreed between the parties
30 as follows:
31 1.city and District,for and in consideration of the pay—
32 ments which have already been made upon said original contract,
i2C~
3.and for and in consideration of the further covenants and
2 agreements herein set forth,now agree that this Agreement
3 shall be substituted in place of arid instead of said original
4 agreement.
5 2.City as agent will and does hereby agree to issue per—
6 mits and collect the charges established by District under
7 said Ordinance No.705 as aruended from time to time.
8 3.District shall prescribe those classifications of
9 charges to be collected by City.
3.0 4.City will account for the charges collected and remit
3.1 to District monthly the monies collected,except as provided
3.2 in Section 7 hereof.
3.3 5.Procedures mutually agreeable to City and District -
14 shall be established for collection and remittance of said fees.
15 6.District does hereby appoint and nominate City and
16 its agents and employees as the same may be designated by City
17 as agents of the District for the purpose of issuing permits
18 and determining and collecting the sewer connection charges es
19 tablished under Ordinance No.705 as amended.This does not
20 authorize City to act as agent for the General Manager or to
21 perform the duties of the General Manager of the District,
22 except as expressly set forth in this Agreement.
23 7.City agrees to act as agent for District as herein
24 provided for a fee equal to five (5%)percent of the fees col
25 lected by city for permits issued pursuant to the provisions of
26 this Agreement.Said five (5%)percent fee of City shall be
27 deducted from the charges collected by City and remitted.to
28 District pursuant to Section .4 herein.
29 8.City agrees to prepare and submit to District a de—
30 tailed accounting statement of the fees collected and the
31 interest earned thereon through the effective date of this
32 Agreement,under the previous agreementexecuted on the 18th
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1 day of July.1962,and agrees to pay that sum to District
2 within thirty (30)days after the effective date of this
3 Agreement.
4 9.District agrees to pay City a sum equal to five (5%)
5 percent of the fees collected under that previous agreement
6 executed on the 18th day of July,1962,as reimbursement for
‘7 costs expended by City.City may deduct said five (5%)per—
8 cent fee from payment provided for under Section 8 hereof.
9 10.District and City agree that if the City is presented
10 with a dispute as to the validity,reasonableness,enforci—
11 bility,or applicability of the charges agreed to be collected
12 by it for the District,the City shall notify the District of
13 the problem and the District shall take over the collection
14 and enforcement of its ordinances in subject cases.It is
15 contemplated that,this shall be the procedure for serious
16 disputes made upon some current legal right or basis as dis—
17 tinguished from crank—type or ill-founded disagreements.
18 11.City shall not be liable to the District for its Un—
3.9 intentional and inadvertent failure to collect a connection
20 charge actually due District or its unintentional or inadver—
21 tent miscalculation of the amount of the charges,fees,or
22 fees due District.
23 12.District hereby agrees to hold City free and harmless
24 of any and all liability that might arise if any such fees col—
25 lected by the City shall be determined to have been illegally
26 collected.
27 13.District agrees to provide legal services in the de—
28 fense of any action seeking to collect sewer connection fees
29 alleged to have been illegally collected.
30’14.It is agreed that at the request of either party
31 hereto,formal renegotiation of this Agreement shall be made
32 at two years from the effective date hereof.
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3.15.This Agreement may be terminated by either party
2 giving 180 days written notice to the other party designating
3 a termination date,which date shall be the first day of a
4 calendar month.
5 IN WITNESS WHEREOF,the parties hereto have executed this
6 Agreement,the day and year first above written.
I?
8 CITY OF SANTA ANA,a
municipal corporation
By___________
11 ATTEST:
12 ~(U ~
City Clerk
:1.3
14 APPROVED AS TO FORM:
~Attorney
16
17 COUNTY SANITATION DISTRICT NO.7
OF ORANGE COUNTY,CALIFORNIA,a
18 public corporation
19 By_______________________________
Chairman,Board of Directors20
21
By________________________________
22 Secretary,Board of Directors
APPROVED AS TO FORM:
24 Thomas L.Woodruff
General Counsel
25
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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.77-96—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 Rile)’,
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
,
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/./Wa~e ~S~vester,Secretary,
B ard,~’fof ~rectors of County
ani~ation District No;7
of Orange County,California
S-104