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Home My WebLink AboutOCSD 98-37RESOLUTION NO.OCSD 98-37 REAFFIRMING ALL AGREEMENTS PREVIOUSLY MADE BETWEEN IRVINE RANCH WATER DISTRICT ( COUNTY SANITATION DISTRICT NO.14 OF ORANGE COUNTY. CALIFORNIA,AND THE JOINT COUNTY SANITATION DISTRICTS OF ORANGE COUNTY,CALIFORNIA A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT,REAFFIRMING AND APPROVING PREVIOUS AGREEMENTS BETWEEN AND AMONG IRWD,COUNTY SANITATION DISTRICT NO.14 OF ORANGE COUNTY,CALIFORNIA,AND COUNTY SANITATION DISTRICTS OF ORANGE COUNTY,CALIFORNIA,RELATING TO OWNERSHIP INTERESTS,CAPACITY RIGHTS,AND RELATED ADMINISTRATIVE SUBJECTS WHEREAS,former County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,California (the “Predecessor Districts”),were nine individual county sanitation districts organized pursuant to the County Sanitation District Act (California Health &Safety Code Sections 4700 et seq.).By action of the Boards of Directors of the Predecessor Districts,pursuant to specific legislation enacted by the California State Legislature in 1996,an application was submitted to the Orange County Local Agency Formation Commission to legally consolidate the nine Predecessor Districts into one single sanitation district for all purposes.The application was approved,with an effective date of July 1,1998.As of July 1,1998, the Predecessor Districts cease to exist,and one single consolidated county sanitation district,known as the “Orange County Sanitation District”(the “District”),comes into existence in place of the Predecessor Districts.The District is formed to carry on the functions,and by operation of law,succeeds to all of the rights,title and obligations of the Predecessor Districts;and, WHEREAS,the Predecessor Districts and IRWD entered into an Agreement dated June 12,1972,wherein Districts sold,and IRWD purchased,15 mgd outfall capacity;and, WHEREAS,Predecessor Districts and IRWD have had long-term agreements, and a long-standing working relationship providing for joint and mutual cooperation in the respective wastewater,collection,treatment and disposal operations of both entities;and, 2090-300 64746 1 WHEREAS,commencing with an Agreement dated March 15,1985,between the Predecessor Districts and IRWD,expanded rights were provided to IRWD,and the formation of new County Sanitation District No.14 of Orange County,California was initiated and became effective January 1,1986;and, WHEREAS,pursuant to multiple agreements and related actions by Predecessor Districts and County Sanitation District No.14 of Orange County, California in 1986,County Sanitation District No.14 acquired certain rights and obligations,including,most notably,but not limited to,capacity rights in the treatment, disposal,and sewer facilities of Predecessor Districts,sometimes referred to as the “Joint Works Treatment Facilities”;and, WHEREAS,County Sanitation District No.14 and IRWD have entered into an Agreement,effective February 13,1986,and Amendment No.1 thereto,effective December 10,1986,by which IRWD received certain rights and obligations of County Sanitation District No.14;and, WHEREAS,several amendments to the 1986 Agreement,and other miscellaneous Agreements,have been made and entered into between the parties, which provisions continued in effect up to the effective date of the Consolidation of the Predecessor Districts into the Orange County Sanitation District;and, WHEREAS,IRWD and each of the Predecessor Districts have agreed that upon Consolidation of the Predecessor Districts into the Orange County Sanitation Districts, all of the existing Agreements,and all of the terms and conditions thereof,would be assigned to the Orange County Sanitation District,and District would accept the assignment without modification. NOW,THEREFORE;the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That the provisions of each of the following identified Agreements is affirmed,accepted,and approved by the Orange County Sanitation District,and District agrees to be bound by all of the contractual obligations contained therein: 1.Joint Ownership,Operation and Construction Agreement By and Among County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,California,effective July 1,1985,and as Amended February 13,1986. 2090-300 2 2.Agreement for Purchase and Sale of Capacity Rights in Treatment, Disposal and Sewer Facilities between County Sanitation Districts Nos.1, 2,3,5,6,7,11 and 13 of Orange County,California,and County Sanitation District No.14 of Orange County,California,dated January 1, 1986. 3.Agreement between County Sanitation District No.I of Orange County, California and County Sanitation District No.14 of Orange County, California,re Lease of Temporary Capacity,dated January 1,1986. 4.Amendment No.I to Joint Ownership,Operation and Construction Agreement between County Sanitation Districts Nos.1,2,3,5,6,7,11 and 13 of Orange County,California,and County Sanitation District No. 14 of Orange County,California,dated February 13,1986. 5.Agreement between Irvine Ranch Water District and County Sanitation District No.14 of Orange County,California,Acquiring Ownership Interests,Assigning Rights and Establishing Obligations,dated February 13,1986. 6.Amendment No.I to Agreement for Purchase and Sak ~f Capacity Rights in Treatment,Disposal and Sewer Facilities between County Sanitation Districts Nos.1,2,3,5,6,7,11 and 13 of Orange County,California,and County Sanitation District No.14 of Orange County,California,dated July 9,1986. 7.Amendment No.I to Agreement between County Sanitation District No. 14 of Orange County,California and Irvine Ranch Water District, Acquiring Ownership Interests,Assigning Rights and Establishing Obligations,dated December 10,1986. 8.Memorandum of Understanding between County Sanitation District No.14 of Orange County,California and Irvine Ranch Water District Governing Industrial Waste Program Administration,dated February II,1987. 9.Agreement for Purchase of Capacity by County Sanitation District No.7 of Orange County,California,in the Irvine Ranch Water District -Harvard Avenue Trunk Sewer,dated June 10,1991. 2090-300 647461 3 10.Amendment No.2 to Agreement between County Sanitation Districts Nos. 1,2,3,5,6,7,11,and 13 of Orange County,California and County Sanitation District No.14 of Orange County,California,for Purchase and Sale of Capacity Rights in Treatment,Disposal and Sewer Facilities, dated November 15,1995.- PASSED AND ADOPTED at a Special Meeting held July 1,1998. Chair A1TE T: Board Sectjtary 2090-300 4