HomeMy WebLinkAboutResolution 1996-0074RESOLUTION NO.96-74
APPROVING A WASTE WATER TREATMENT AND DISPOSAL
AGREEMENT
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF
COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7,11,13
AND 14 OF ORANGE COUNTY,CALIFORNIA,APPROVING A
WASTEWATER TREATMENT AND DISPOSAL AGREEMENT
WITH THE SANTA ANA WATERSHED PROJECT AUTHORITY
TO ACQUIRE TREATMENT AND DISPOSAL RIGHTS FOR
WASTEWATER FLOW TO DISTRICTS’FACILITIES
AA A A A A
WHEREAS,on April 12,1972,the Districts and the Chino Basin Municipal
Water District (“CBMWD”)entered into a Waste Water Treatment and Disposal
Agreement,through which CBMWD acquired the right to acquire an ultimate treatment
and disposal right for 30 MGD of wastewater flow to Districts’facilities;and,
WHEREAS,on November 13,1974,CBMWD assigned and transferred to the
Santa Ana Watershed Project Authority (“SAWPA”)all of CBMWD’s right,title and
interest in the 1972 Agreement;and,
WHEREAS,SAWPA,as of this date,has acquired a treatment and disposal
right of 8 MGD,for which all payments have been made;and,
WHEREAS,Districts and SAWPA,together with the Orange County Water
District,are concerned with the continuing development of a Regional Water Quality
Management Program for SAWPA’s Santa Ana River Interceptor (“SARI”)Sewer
Service Area,consistent with Federal and State policies,for which the operation of the
SARI for the disposal of wastewater is a significant component of this Program;and,
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WHEREAS,it is in the best interests of Districts and SAWPA to enter into an
agreement,whereby wastewater originating in SAWPA’s SARI Service Area upstream
from Districts may be disposed of through existing and expanded facilities of Districts;
and,
WHEREAS,as part of the Agreement between Districts and SAWPA relating to
treatment and disposal rights,SAWPA shall provide written notice to Districts allocating
among SAWPA’s Member Agencies,the respective percentages of SAWPA’s total
liability to Districts,for which each SAWPA Member Agency is guaranteeing payment
of all charges levied by Districts.Said percentages allocated shall be deemed to be
that Member’s pro rata share of SAWPA’s financial obligation to Districts during the
immediate succeeding year.
NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos.
1,2,3,5,6,7,11,13 and 14 of Orange County,California,
DO HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That that certain Wastewater Treatment and Disposal Agreement
dated July 24
,1996,by and between the County Sanitation Districts of Orange
County,California and the Santa Ana Watershed Project Authority to acquire treatment
and disposal rights for the wastewater flow to Districts’facilities,is hereby approved.
Section 2 That the payment by SAWPA for the treatment and disposal right is
hereby authorized in accordance with the provisions of said Agreement.
Section 3 That a Continuing Guaranty of Wastewater Treatment and
Disposal Agreement shall be executed by each SAWPA Member Agency,concurrently
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with the execution of the Wastewater Treatment and Disposal Agreement between the
Districts and SAWPA,which Continuing Guaranty is attached thereto as Exhibit “A”and
incorporated therein.
Section 4 That this present Wastewater Treatment and Disposal Agreement
supersedes all terms and conditions of the 1972 Agreement between CBMWD and the
Districts,the rights and obligations of which Agreement were assigned by CBMWD to
SAWPA in 1974.
Section 5 That the Chair and Secretary of County Sanitation District No.1,
acting for itself and on behalf of County Sanitation Districts Nos.2,3,5,6,7,11,13
and 14 of Orange County,California,are hereby authorized and directed to execute
said Agreement in a form approved by the General Counsel.
PASSED AND ADOPTED at a regular meeting held July 24,1996.
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STATE OF CALIFORNIA )
)SS.
COUNTYOF ORANGE )
I,PENNY KYLE,Secretary of the Boards of Directors of County Sanitation
Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,California,do hereby
certify that the foregoing Resolution No.96-74 was passed and adopted at a regular
meeting of said Boards on the 24th day of July,1996,by the following vote,to wit:
AYES:George Brown,John Collins,John C.Cox,Jr.,Jan Debay,
Barry Denes,Shirley Dettloff,Norman Z.Eckenrode,
James M.Ferryman,James H.Flora,Don R.Griffin,
Barry Hammond,Victor Leipzig,Wally Linn,Pat McGuigan,
Darryl G.Miller,Margie L.Rice,Thomas R.Saltarelli,
Sal A.Sapien,Sheldon S.Singer,Roger R.Stanton,
William G.Steiner,Charles E.Sylvia,Daniel T.Welch,Bob Zemel
NOES:None
ABSENT:Walter K.Bowman,Burnie Dunlap,Mark A.Murphy,Chris Norby
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.I on behalf of itself and Districts Nos.2,3,5,6,7,
11,13 and 14 of Orange County,California,this 24th day of July,1996.
~enn~e4~
Districts Nos.1,2,3,,6,7,11,13 and l4of
Orange County,California
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