HomeMy WebLinkAboutResolution 1979 - 0048RESOLUTION NO.79-48-7
APPROVING AGREEMENT WITH CITY OF ORANGE FOR
COLLECTION OF SEWER CONNECTION CHARGES
A RESOLUTION OF TI-JE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7 OF ORANGE
COUNTY,CALIFORNIA,APPROVING 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 ORANGE
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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,
WHEREAS,County Sanitation District No.7 and the City of Orange
made and entered into an agreement dated July 18,1962,which
provided 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 Orange
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,
WHEREAS,the City of Orange has approved the agreement for
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
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City of Orange,is hereby approved,to be effective April 11,1979.
Section 2 That the General Manager,the District Chairman
and Secretary,and the 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 held April 11,1979.
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TLW:pj
6/14/78
1/10/79
1/25/79
2/07/79 ~AGREEMENT FOR COLLECTION OF SEWER CONNECTION
CHARGES --COUNTY SANITATION DISTRICT NO,7
2 AND CITY OF ORANGE
3
4 THIS AGREEMENT,is made and entered Into this 11th day of
5 April
,1979,by and between the CITY OF ORANGE,
6 .a municipal corporation,hereinafter referred to as “City”~
7 and COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY,
8 CALIFORNIA,hereinafter referred to as “District,~
9 WITNESSETH:
10 WHEREAS,District has,by the enactment of Ordinance No,705,
11 as amended,established a schedule of sewer connection charges;
12 and
13 WHEREAS,all or a portion of the improved territory of the
14 District is within the city limits of City;and
15 WHEREAS,the City,by and through its Building Department,
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16 regulates all new construction with the City;and
17 WHEREAS,it is for the mutual benefit of City and District
18 that the sewer connection charges provided f~r in said
19 Ordinance No.705,as amended,of the District be collected
•20 in a manner most expedient and least burdensome for the owners
2].of property within the City;and
22 WHEREAS,the City will benefit by the construction and
23 maintenance of sewage facilities of the District within the
24 city limits of City by District from the funds to be collected
25 from said sewer connection charges;and -.
26 WHEREAS,City and District have heretofore,on the 18th
27 day of July,1962,entered into an agreement for the collection
28 of District sewer funds,and the parties hereto have agreed
29 to terminate said contract as of the date set forth herein.
30 NOW,THEREFORE,it is mutually agreed between the parties
31 as follows:
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32 1.City and District,foj’and in consideration of the
EXHIBIT “A—i”
3,payments which have already been mad~e upon said original con-
2 tract,and for and in consideration of the further covenants
3 and agreements herein set forth,now agree that this agreement
shall be substituted in place of and instead of said original
5 agreement dated July 18,1962,and said agreement is hereby
6 expressly terminated.
7 2.City,as agent,will and does hereby agree to issue
8 permits and collect the charges established by District under
said Ordinance No.705,as amended,from time to time.
3.DIstrict shall prescribe those classifications of
charges to be collected by City.
12 4.City will account for the charges collected ~nd remit
toDistrict monthly,the monies collected,except as provided
14 in Section 7 hereof.
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15 5.Procedures mutually agreeable to City and ‘District
16 shall be established for collection and remittance of said
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1?fees.
18 6.District does hereby appoint and nominate City and its
19 agents and employees (as the same may be designated by City)
20 as agents of the District for purposes of issuing permits and
21 determining and collecting the sewer connection charges es
22 tablished under Ordinance No.705,as amended.This does not
23 authorize City to act as agent for the General Manager or to.
24 perform the duties of the General Manager of the District or
25 to act on behalf of the District,except as expressly set forth
26 in this agreement.
27 7.City agrees to act as agent for District as herein
28 provided for a fee equal tä five (5%)percent of the fees
29 collected by City for permits issued pursuant to the provisions
30 of this agreement.Said five (5%)percent fee of City shall
3].be deducted from the charges collected by City and to be re—j
32 mitted to District pursuant.to Section 4 herein,
EXHIBIT ‘~A—2”
8.Ctty agrees to prepare and submit to District a detailed
accounting statement of the fees collected through the effec
tive date of this agreement under the previous agreement
executed the 18th day of July,1962,and agrees to pay that
sum to District within thirty (30)days after the date of
this agreement,provided that such sum shall have deducted
therefrom the sum described herein to be paid to City by
District for the outright purchase of trunk sewer lines nos,
1 and 4 and sums due for the purchase of capacity rights in
trunk sewer lines nos.2,3 and 5.Any interest earned on
the deposits of District held by.City during the duration of
the previous agreement shall be retained byand deemed vested
solely in City.The earned interest to be credited to City is
determined to be the fair and equitable reimbursement of City
monies expended for the construction of the sewer lines which
are the subject of this agreement,
•9.All sewer lines described herein have been constructed
by City at its sole expense in accordance with the Master Plan
of Trunk/Subtrunk Sewers of District,both as to size and
location.The sale price to District shall be equal to the.
original cost of construction of each of the trunk sewers.
City agrees to sell and District agrees to purchase in
accordance with the terms hereinafter set forth,all of the
right,title and interest in trunk sewer linesnos.1 and 4,
as described in Exhibit ‘A”,attached hereto and made a part
hereof as though fully set forth herein.
As to trunk sewer lines nos.2,3 and 5,as more particularly
described in Exhibit “A”,the City agrees to sell and District
agrees to purchase sewer capacity rights in City’s trunk sewer
lines nos.2,3 and 5.SaId sewer capacity rights shall be
equivalent and equal to that amount of sewage and industrial
waste that is presently being discharged into trunk sewer lines
EXHIBIT “A—3”
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3.nos 2,3 and 5,as of the date of the execution of this
2 agreement.
3 Provided,however,that the purchase of such capacity rights
4 in trunk sewer lines nos.2,3 and 5 shall give no person,
5 firm or entity,public or private,any right to use or to
6 connect to trunk sewer lities nos.2,3 arid 5 without the consent
7 of City.Nor shall the purchase of capacity rights in trunk
8 sewer lines nos.2,3 and 5 permit any person,firm or entity,
9 public or private,to increase the amount of sewage or effluent
10 which can be placed in trunk sewer lines nos.2,3.and 5,over
11 the total amount of sewage or effluent being discharged into
12 trunk sewer lines nos.2,3 and 5 as of the date of the execu
13 tion of this agreement,except as City may in the future consent
14 to any such increase...•.
15 10.The transfer of ownership from Cityto District of the
16 three trunk sewers described as items nos.2,3 and.5 on
17 Exhibit “A”,attached hereto,and the two trunk sewers described
18 as items nos.1 and 4 on Exhibit “A”~attached hereto,shall
19 be in accordance with the following provisions:
20 A.District shall,within thirty (30)days of the execution
21 of this agreement,purchase from City,and City shall sell
22 trunk sewers nos.1 and 4 as said lines are identified on
23 Exhibit “A”,.attached hereto and made a part hereof as though
.24 fully set forth herein,.
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25 B.The aforementioned trunk sewers nos.1 and 4 shall be.
26 purchased by the District for the total sum of $280,796,35,
27 which represents a total of $203,740.35 for trunk sewer line
28 no 1,and $77,056.00 for trunk sewer line no~4,
29 C.Within thirty (30)days of execution of this agreement,
30 City shall sell and District shall buy capacity rights in
33.trunk sewer lines nos.2,3 and 5 for a total sum of
32 $115,952.02.This $115,952.02 sum represents 90.00%of the
EXHIBIT “A—4”
3 capacity rights of trunk sewer line no.5 and 30.20%of the
~capacity rights of trunk sewer lines nos 2 and 3.The 90.00%
3 capacity rights of trunk sewer line no.5 represents 90.00%
4 of the capital cost of $54,575.00 and is thus calculated to be
5 $49,117.50 of the $115,952.02 sum.The remaining $66,834.52
6 sum represents 30.20%of the $221,306.35 capital cost and thus
7 30.20%of the capacity rights in trunk sewer lines nos.2 and
8 3,and is based on 30.20%of the Master Planned drainage
9 area being within Sanitation District No.7 boundaries as of
3.0 November 1,1978,representing 30.20%of the Master Planned
13.sewage flows.Beginning July 1,1979,and each succeeding
12 July 1,the District shall pay the City for acquisition of
3.3 additional capacity rights in trunk sewers lines nos.2 and 3
3.4 based on the total acres annexed within the Master Planned
3.5 drainage area in the preceding year times $143.70,‘for a
3.5 subtotal amount of payments in this Subsection C not to exceed
3.7 the capital cost of $221,306.35 of trunk sewer lines nos.2 and
18 3.Provided,however,City will sell to District all right,
19 title and interest in trunk sewer lines nos.2,,3 and 5 no
20 later than July 1,1998,with the City reserving the express
21 right to tender the sale to District at any time prior to
22 said date.
23 D.City shall be responsible for the maintenance of trunk
24 sewer lines nos.2 and 3 durthg such time as ownership remains
25 with City and capacity rights only are granted to District.
26 Upon execution of this agreement,District shall be solely re—
27 sponsible for maintenance of sewer line no.5,inasmuch as 90.00%
28 of the capacity rights in sewer line no.5 are being transferred
29 to District pursuant to this agreement.
30 11.District and City agree that if the City is presented
31 with a dispute as to the validity,reasonableness,enforcibility,
32 or applicability of the charges agreed to be collected by it for
EXHIBIT “A~-5”
the District and the City shall notify the District of the prob
lem,and the District shall take over the collection and enforce
ment of its ordinances in subject cases.It is contemplated that
this shall be the procedure for serious disputes made upon some
current legal right or basis as distinguished from crank-type
or ill-founded disagreements.
12.City shall not be liable to the District for its unin
tentional and inadvertent failure to collect a connection charge
actually due District or its unintentional or inadvertent mis
calculation of the amount of the charges,fees or fees due
District.
13.District hereby agrees to hold City fi~ee and harmless of
any and all liability that might arise if any such fees collected
by City shall be determined to have been illegally collected.
14.District agrees to provide legal services in the defense
of any action seeking to collect sewer connection fees alleged
to have been illegally collected.
IN WITNESS WHEREOF,the parties hereto have executed this
agreement the day and year first above written.
CITY OF ORANGE,a municipal,corporation
ATTEST:By1f~’—”~-~~~
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Mayor J-3a-7~
City Clerk ~/1
COUNTY SANITATION DISTRICT NO.7 OF ORANGE
COUNTY,CALIFORNIA
APP ED AS TO FORM:
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By
By
Chairman,~Board of Directors
Secretary,Board of Directors
EXHIBIT “A6”
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EXHIBIT ‘A”
SCHEDULE OF MASTER PLANNED TRUNK AND SUBTRUNK
SEWER LINES CONSTRUCTED BY CITY OF ORANGE TO
BE SOLD TO COUNTY SANITATION DISTRICT NO.7
Year Total When
Constructed ConstructedDescription
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1.Santiago Canyon Road —Linda
Vista to Orange Park Blvd.
5317 L.F.2111 &18”VCP plus
appurtenances 1972
2.Kennymead &Randal to Amapola
3754 L.F.18”&15”VCP plus
appurtenances 1972
3.Amapola to Chapman Avenue
2113 L.F.15”VCP plus
appurtenances 1976
SUBTOTAL TRUNK SEWERS REIMBURSEMENT
4.Spring Street —Hewes Ave.
7702 L.F.12”VCP plus
appurtenances 1963
5.E.Chapman -Solano to
1486”E.of Crawford
Canyon Rd.2659 L.F.12”
&10”VCP plus appurtenances 1972
SUBTOTAL SUBTRUNK SEWER REIMBURSEMENT
TOTAL PURCHASE/SALE PRICE
$203,740.35
$177 ,944,35
•$43,362.00
$425,046.00
$77,056.00
•$54,575.00
$131,631 .00
$556,677.70
EXHIBIT “A-7”
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.79-48-7
was regularly passed and adopted at a regular meeting of said Board
on the 11th day of April ,
1979
,by the following vote,to wit:
AYES:Don Smith (Chairman),Fr~aricis Glocknei,Philip Anthony,
Paul Ryckoff,Donald Saltarelli and Bill Vardoulis
NOES:None
ABSENT:James E.Ward
IN WITNESS WHEREOF,I have hereunto set my
official seal of County Sanitation District No.
California,this 11th day of April
,
ig79
S.
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hand and affixed the
7 of Orange County,
ter,Secretary,
ors of County
strict No:7
County,California
S-104