HomeMy WebLinkAboutResolution 1980 - 0149RESOLUTION NO.80-149
APPROVING INTERIM AGREEMENT WITH SAWPA RE AMEND
MENT NO.iTO WASTEWATER TREATMENT AND DISPOSAL
AGREEMENT
A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY
SANITATION DISTRICTS NOS.1,2,3,5,6,7 AND 11
OF ORANGE COUNTY,CALIFORNIA APPROVING INTERIM
AGREEMENT WITH SANTA ANA WATERSHED PROJECT AUTHORITY
(SAWPA)DECLARING INTENT TO ENTER INTO AMENDMENT
NO.1 TO WASTEWATER TREATMENT AND DISPOSAL AGREEMENT
DATED APRIL 12,1972 RE CAPITAL PURCHASE PAYMENTS
AND PROVIDING FOR IMMEDIATE PAYMENT ON ACCOUNT
THEREOF.
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WHEREAS,the Boards of Directors of County Sanitation District Nos.1,2,3,
5,6,7 and 11 entered into a Wastewater Treatment and Disposal Agreement dated
April 12,1972 with Chino Basin Municipal Water District (CBMWD)to provide for
purchase of plant capacity and permit treatment and disposal of wastewater from
said Water District by means of the joint facilities of said Sanitation Districts;
and,
WHEREAS,the interests of CBMWD have been subsequently assigned to Santa Ana
Watershed Project Authority (SAWPA)pursuant to agreement dated October 16,1974;and,
WHEREAS,SAWPA is in default on the capital payment provisions of said
agreement;and,
WHEREAS,SAWPA and CBMWD have been notified of said default and pursuant thereto
have requested that the Boards of Directors of the County Sanitation Districts defer
any formal action concerning said default until August 14,1980,to enable said
agencies to develop a financial plan that will enable SAWPA to meet its financial
obligations to the Sanitation Districts under the terms and conditions of the
heretofor referenced agreement,which said request has been granted by the Boards
of Directors of the County Sanitation Districts;and,
WHEREAS,Amendment No.1 to the Wastewater Treatment and Disposal Agreement has
been proposed to provide for deferred payment by SAWPA of capital costs due with
interest until on or about July 1,1981;and.
WHEREAS,SAWPA has appropriated the sum of $89,600 for good faith payment on
account of said capital costs due.
NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos.
1,2,3,5,6,7 and 11 of Orange County,California,
DO HEREBY RESOLVE,DETERMINE AND ORDER:PAYMENT REC’D 6/26/81 BUT
AGREEMENT NEVER
Section 1 That the certain interim agreement dated CONSUMMATED by and
between County Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange County
and Santa Ana Watershed Project Authority declaring intent to enter into Amendment
No.1 to Wastewater Treatment and Disposal Agreement dated April 12,1972 re
capital purchase payments pursuant to said agreement and providing for payment on
or about September 1,1980 of $89,600 on account thereof be,and is hereby approved;and,
Section 2 That said Amendment No.1 shall provide for:
(a)Deferral of payment until July 1,1981 of Primary Treatment and
Disposal Right Annual Capital Cost Replacement Charge payments due
April 12,1979,April 12,1980 and April 12,1981,plus interest
thereon;and,
(b)Determination of Supplemental Treatment Rights capital payment
amount due through June 30,1980 and deferral of payment of said
amount and the Annual Capital Cost Replacement Charges due thereon,
plus interest from July 1,1980,until July 1,1981;and,
(c)Chino Basin Municipal Water District to be a party thereto
pursuant to the intent of the assignment of the Wastewater Treatment
and Disposal Agreement;and,
(d)Execution by the parties thereto within ninety (90)days.
Section 3 That the Chairman and Secretary of County Sanitation District No.1
are hereby authorized and directed to execute said interim agreement on behalf of
itself and Districts Nos.2,3,5,6,7 and 11 in form satisfactory to the General
Counsel.
PASSED AND ADOPTED at a regular meeting held August 13,1980.
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,J.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.80-149 was regularly passed and adopted at a
regular meeting of said Boards on the 13th day of
by the following vote,to wit:
AYES:Marvin Adler,Philip Anthony,Dan Collins,Marion Corbett,
John Cox,Normal Culver,Richard Edgar,Bruce Finlayson,
Donald Fox.,Evelym Hart,Jacqueline Heather,Donald Holt,
Jr.,Elvin Hutchison,Frank Laszio,Bob Mandic,Edison
Miller,Ron Pattinson,Bob Perry,Ruthelyn Piummer,Thomas
Riley,Donald Roth,Howard Rowan,James Sharp,Don Smith,
Charles Sylvia,Bill Vardoulis,James Wahner,Burton Ward,
James Ward,Joseph Wheeler,Harriett Wieder,Duane Winters
and Harry Yamamoto
NOES:None
ABSENT:Ruth Bailey,Carol Kawanami,Lester Reese,RogerStanton
and Henry Wedaa
IN WITNESS WHEREOF,I have hereunto set my hand this 13th day
of August
,
1980
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August
,
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