HomeMy WebLinkAboutResolution 1985 - 0004RESOLUTION NO.85-4
APPROVING AMENDMENT NO.2 TO THE JOINT OWNERSHIP,
OPERATION AND CONSTRUCTION AGREEMENT
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF
COUNTY SANITATION DISTRICT NOS.1,2,3,5,6,
7 AND 11 OF ORANGE COUNTY,CALIFORNIA,APPROVING
AMENDMENT NO.2 TO THE JOINT OWNERSHIP,OPERATION
AND CONSTRUCTION AGREEMENT
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WHEREAS,County Sanitation Districts Nos.1,2,3,5,6,7,
and Ii have made and entered into a Joint Ownership,Operation
and Construction Agreement dated March 10,1971,effective July
Ir 1970:,to provide for the respective rights and obligations of
each of the Districts in the joint treatment and disposal facili
ties of the Districts,which are defined and described as all of
the jointly—owned trunk sewers,real property,improvements to
real property,treatment plant facilities,personal property and
all sewerage facilities outlined in,on or upon any of the ter
ritory generally bounded by Ellis Avenue on the north;the chan
nel of the Santa Ana River on the east;the Pacific Ocean on the
south;and Bushard Street extended southerly to the Pacifi~c Ocean
on the west;and including in addition thereto the disposal
facilities extending into the adjacent Pacific Ocean;and,
WHEREAS,the above—referenced agreement is sometimes
commonly referred to as the Joint Administrative Organization
•Agreement (“JAO Agreement”);and,
WHEREAS,County Sanitation District No.13,by action of the
Orange County Local Agency Formation Commission and by order of
the Orange County Board of Supervisors,has been created and
legally exists as of January 1,1985;and,
•
1
WHEREAS,District No.1.3 desire.s to obtain a proportionate
ownership interest in the joint treatment and disposal facilities
and to be a party to the JAO Agreement;and,
WHEREAS,the Board of Directors of Districts Nos.1,2,3,
5,6,7,and 11 wish to amend the existing JAO Agreement to allow
for District No.13 to be a party thereto and to sell a propor
tionate ownership interest in the joint treatment and disposal
facilities to District No.13;and,
WHEREAS,District Nos.1,2,3,5,6,7 and 11 declared
their intent on July 14,1982 to include District No.13 in the
J~O Agreement upon its formation and now wish to amend said JAO
Agreement to include District No.13 as a party thereto.
WHEREAS,the Board of Directors of District No.13 has
familiarized itself with all of the terms,conditions and
provisions of the JAO Agreement;has determined that District No.
13 is able to comply therewith •in all respects;and that
participation in the JAO Agreement would be in the best interests
of the residents and property owners within District No.13.
NOW,THEREFORE,the Board of Directors of County Sanitation
District No.13 of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE IiND ORDER:
Section 1:Each of the recitals set forth above is found to
be true and correct and is adopted hereby as an operative
provision of this Resolution.
Section Z:Amendment No.2 to the Joint Ownership,Opera
tion and Construction Agreement between County Sanitation Dis—
tricts Nos.1,2,3,5,6,7,and 11 and District No.13,is
hereby approved.
2
Section 1:The Chairman and Secretary of Districts Nos.1,
2,3,5,6,7,and 11,are authorized to execute the amendment
and any~and all other legal documents necessary to effect ‘the
sale and ‘acquisition of an ownership interest and participation
in the joint treatment and disposal facilities.The form of said
documents shall be approved by the District’s General Counsel.
PASSED AND ADOPTED at a regular meeting held this 9th day of
January,1985.
(22A)
3
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE
I,RITA J.BROWN,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 foregoing Resolution No.85—4 was
passed and adopted at a regular meeting of said Boards on the 9th day of
January,1985,by the following vote,to wit:
AYES:Ruth Bailey,Oscar Brownell,Richard Buck,Buck Catlin,Sam
Cooper,Norman Culver,Richard B.Edgar,Ruth Finley,Don
Griffin,Dan Griset,Robert Hanson,Evelyn Hart,John Holmberg,
Carol Kawanami,Philip Maurer,James Neal,Carrey Nelson,
Richard Olson,Richard Partin,Robert Perry,Ruthelyn Plummer,
Don Roth,Don Saltarelli,Sal Sapien,David Sills,Don Smith,
Roger Stanton,Charles Sylvia,James Wahner,Gene Wisner
NOES:None
ABSENT:Richard Polis
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.1 on behalf of itself and Districts
Nos.2,3,5,6,7 and 11 of Orange County,California,this 9th day of
January,1985.
I—’~
Rita J.Brown,Secretary
Boards of Directors,County
Sanitation Districts Nos.1,2,3,
5,6,7 and 11 of Orange County,
California
a
RESOLUTION NO.85-4-13
APPROVING AMENDMENT NO.2 ‘10 THE JOINT OWNERSHIP,
OPERATION AND CONSTRUCTION AGREEMENT
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.13 OF ORANGE COUNTY,
CALIFORNIA,APPROVING AMENDMENT NO.2 TO THE
JOINT OWNERSHIP,OPERATION AND CONSTRUCTION
AGREEMENT
****
WHEREAS,County Sanitation Districts Nos.1,2,3,5,6,7,
and 11 have made and entered into a Joint Ownership,Operation
and Construction Agreement dated March 10,1971,effective July
1,1970,to provide for the respective rights and obligations of
each of the Districts in the joint treatment and disposal facili
ties of the Districts,which are defined and described as all of
the jointly—owned trunk sewers,real property,improvements to
real property,treatment plant facilities,personal property and
all sewerage facilities outlined in,on or upon any of the ter
ritory generally bounded by Ellis Avenue on the north;the chan
nel of the Santa Ana River on the east;the Pacific Ocean on the
south;and Bushard Street extended southerly to the Pacific Ocean
on the west;and including in addition thereto the disposal
facilities extending into the adjacent Pacific Ocean;and,
WHEREAS,the above—referenced agreement is sometimes
commonly referred to as the Joint Administrative Organization
Agreement (“JAO Agreement”);and,
WHEREAS,County Sanitation District No.13,by action of the
Orange County Local Agency Formation Commission and by order of
the Orange County Board of Supervisors,has been created and
legally exists as of January 1,1985;and,
1
WHEREAS,District No.13 desires to obtain a proportionate
ownership interest in the joint treatment and disposal facilities
and to be a party to the JAO Agreement;and,
WHEREAS,the Board of Directors of Districts Nos.1,2,3,
5,6,7,and 11 wish to amend the existing JAO Agreement to allow
for District No.13 to be a party thereto and to sell a propor
tionate ownership interest in the joint treatment and disposal
facilities to District No.13;and,
WHEREAS,District Nos.1,2,3,5,6,7 and 11 declared
their intent on July 14,1982 to include District No.13 in the
JAD Agreement upon its formation and now wish to amend said JAO
Agreement to include District No.13 as a party thereto.
WHEREAS,the Board of Directors of District No.13 has
familiarized itself with all of the terms,conditions and
provisions of the JAO Agreement;has determined that District No.
13 is able to comply therewith in all respects;and that
participation in the JAO Agreement would be in the best interests
of the residents and property owners within District No.13.
NOW,THEREFORE,the Board of Directors of County Sanitation
District No.13 of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1:Each of the recitals set forth above is found to
be true and correct and is adopted hereby as an operative
provision of this Resolution.
Section Z:Amendment No.2 to the Joint Ownership,Opera—
tion and Construction Agreement between County Sanitation Dis
tricts Nos.1,2,3,5,6,7,and 11 and District No.13,is
hereby approved.
2
~1
Section ~:The Chairman and Secretary of District No.13
are authorized to execute the amendment and any and all other
legal documents necessary to effect the sale and acquisition of
an ownership interest and participation in the joint treatment
and disposal facilities.The form of said documents shall be
approved by the District’s General Counsel.
PASSED AND ADOPTED at a regular meeting held.this 9th day of
January,1985.
(22)
3
‘I,
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Board of Directors of County
Sanitation District No.13 of Orange County,California,do hereby certify that
the foregoing Resolution No.85—4—13 was passed and adopted at a regular
meeting of said Board on the 9th day of January,1985,by the following vote,
to wit:
AYES:Don E.Smith,Chairman,Michael J.Beverage,Sam Cooper,Don
Roth,Roger Stanton
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.13 of Orange County,California,this
9th day of January,1985.
Rita J.Brown,Secretary
Board of Directors of Count~y
-‘
Sanitation District No.13 ~
of Orange County,California
IF —