Contract - Costa Mesa, City of - 1955-12-19 C
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' 1 COSTA MESA SANITARY DISTRICT - CITY Or C.OSTA.MESA AGREEMENT
2
3 • THIS-AGREEMENT, entered into this' -19th day.of December, .. 1955,,.by and
4 between the CITY OF ;COSTA MESA, a'.municipal 'corporation of-.the` stath class;. sit
' .5 naiad` in the, County of 'Orange, State of Ca3`ifornia, .hereinafter designated.ass ,
,• 6 - the-"CITY",*and the COSTA MESA SANITARY DISTRICT, a district in the County of .
7 -' Orange "and oigani-zed.:under.the Sanitary—Die tric,i Act,'`ef 1923; herelnafterre•
ferrd to as:the "DISTRICT",
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10 _
N' I T N E S S E T H
+• 11 WHEREAS, 'the CITYand 'the DISTRICT did on the 3rd,day' of November,
12 1954; enter, into`a written agreement pursuant to the, authority'contained 'in the:,„, '
i3 Joint;Exercise of,Powers `Act (Sections •6500=.6513 of -,the- Government Code); where
::14 in the CITY, -in of the payments therein set forth to be•made .by the T
15 -. DISTRICT to the CITY,,agreed 'to-operate, manage and control the ,sewer system and • •=,.
16 garbage and trash disposal.•operations of the DISTRICT I.and ' '. '
;17 . - WHEREAS, said agreement was in force and effect :until:the' 1st'day of
18 July, 1955,..t and.was ;'extended by mutual agreemeht of 'the said CITY and_DISTRICT
'19 on said date'for one additional year; to-wit,. until';Jaly 1, 1956; and
} ,2o' ' WHEREAS,• it is'the desire of said CITY and said DISTRICT to amend • .
21 said agreement and to:-enter into,a1 new agreement wherein the CITY will operate ,
z2 and maintainz the sewer system and,garbage and trasn 'operations of the DISTRICT
• . 23 in order,r that the operation of municipal services within the CiTY may'be ,con-
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solidated under the direction and;control of'• the CITY and -!I
25 : WHEREAS;,the CITY was incorporated on the ',29th day of Jude, 1953;. and
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26 WHEREAS, ,on the date of. said incorporation and on. the' date of'the
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' - .27 : original agreement between the CITY: and DISTRICT above referred- to; the bond
28 ariesr''of the CITY encompassed the greater part of'the territory of the DISTRICT, •
WHEREAS, the DISTRICT is' the owner• of a complete sewer system-within
31 the: CITY, arid•
32 ,' WH M S, the CITY under the autliorrty contained'in Section 38900 of
DONALD DUNGAN - the Government Code, may construct,• establish and maintain a sewer.system and
ATTORNEY AT LAW -
POST OFFICE BLOC.. .. •• •..'. ...,r • y •.
'IS EAST 16TH STREET • - ••- •, x. -1 T'•
COSTA MESA.CALIF. _
LIBERTY 8=6661
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1 collect garbage and trash; and
-2 ' • WHEREAS; the DISTRICT was formed prior to,the incorporation ;of the
3 CITY: and _ ..
4 WHEREAS,. the parties hereto have determined that it •is desirable that
5 the,-'operation,,and maintenance of the seweriystem•of the DISTRICT and the gar-
• 6 bags and trash collection operations of the DISTRICT bed transferred to:the CITY;
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g .WHEREAS,: the Joint Exercise of Powers Act,' above referred to, permits •
Ig two:'or more public agencies by agreement tot exercise jointly any power commonto
10 the contracting'parties,
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11 110W, THEREFORE, the parties hereto agree.as follows:- '
12 1. That the agreement heretofore entered 'into between the parties '
13 and now in effect, 'shall-be amended and replaced by this agreement which shall gc
14 into effect immediately .upon its execution by. the parties hereto.
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15 2. Pursuant to the authority contained in the Joint Exercise of
-16 Powers Act, the DISTRICT hereby grants, transfers and •conveys to the CITY, all
17 the'rights, powers and duties of the DISTRICT, in the operation, management and
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:18 control of the sewer system and the garbage and trash 'operations, except as
19 hereinafter 'specifically excepted,
20 a) The District shall be liable for and pay`any and all out-
21 standing 'bonded indebtedness of the District and the interest'.thereon. •
22 b) The District shall retain-the exclusive right and power to
23 annex additional territory to the District, subject,• only, to. the provisions of
24 the Health' and .Safety .Code with respect to the submission thereof to the Board
2 5 of-Supervisors of the".County of Orange. -:
_ 2fi c)• The District shall have the exclusive right and power to
27 enter into contracts with third.persons-for the -'collection of garbage and trash,
28 except that the District shall assign such contracts to the City and the City
29 shall be bound thereby. .
30 ` 3. " The CITY• shall- maintain in properrcondition the. said sewer system,'
- and equipment and shall be responsible for the satisfactory garbage and. trash •
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collection service, in accordance with' such contractor-contracts as may-be
32
ODUNGAN entered into by the District in accordance._.with the provisions of 'Paragraph 2 (c)
NETATLAW'
.,
FFICE OLDC. _ _
16TH ETREET - -
NESA.CALIF. • - .,
TY 8-6661 . .,. .-.2
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1 • above,•and shall perform such other acts• as 'are necessary for the efficient
♦• 2 operation, maintenance and control •'of said'(sewer system, equipment'-and garbage
3 and :trash operations.' ,
CITY_ shall •be liable for, the payment of any and •all debts,
5 obligations and charges in.connedtion with:the operation, management and con
6. trol_ of said sewer system .by" the `CITY, and'the garbage and trash operations,
7 except_as specifically'Set::forth In this agreement,,;and shall •hold',the DISTRICT •
g free and harmless therefrom.
5 '" In consideration of the CITY operating and,maintaining the said
10: sewer system and garbage' and trash.operations.of• the:DISTRICT, the DISTRICT'
1'1 shall "pay to -;the CITY „in- the manner and at the times..hereinafter set forth .
12 the-following `amounts:: - ,
13 • F, . a) The amount budgeted by the DISTRICT in its budget for each
14 ' ' fiscalcyear for the operation' and maintenance. of kihp +sewer system, equipment
15 and garbage and trash":operations. .
• 16 a -: . The ?above sum tol be: paid: in;-equal monthly installments on or oe-
17 fore the 10th :day of each month The first':payment under this agreement shall
18 , be for the month of January, ,1956 'Eachrmonthly payment shall be 1/12 •of the
19 said total budget referred -to above. ti•
20' b) It:is understood that` the"amounts budgeted-by the DISTRICT
21 for •salaries• to the Engineer, "Attorney and Secretary shall be included in the
22 portion• of the •budget :for' operation and maintenance, and such sumsshall be
23 ..part of'_the •amount paid to the CITY, to,-reimburse the,CITY for employees used by
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the CITY in carrying out i'ts.'obligations under this agreement.
2'5• 6 The amounts payable to the CITY for the remaining portion of
;the present Fiscal year 1955-56 under the ' z nY a
- 2F provisions of •Paragraph $�•above'ahall
27. be based on the budget .heretofore ,adopted'rby.• the DISTRICT for`the fiscal year
1955-56. E- . iii t RE }
29 a) At the end of each• fiscal:year, the DISTRICT shall present;
to• the CITY its proposed budget for- the succeeding fficar gear, and apon re-'
31 ceipt thereof, the CITY',shall,' within: ten days thereof',rnotify:-the DISTRICT' in
writing as 'tb whether : will e" 'o° `' "'• `
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. . as
•32. , . ing.:to •extend_the agrseinent for,such fiscal
DONALD DUNGAN year In the event the CITY notifies •the DISTRICT 'that ft will .not continue
ATTORNEY AT LAW "'
POSTOFFIGEBL OC. • ' t
X119 EAST 16TH STREET
COSTA MESA.CALIF.. - -J y .,'.
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1' ' the°`agreement -for such`ftscal year, •the agreement shall terminate 'thirty days
2. . after such notice is recelved' by - e. DISTRICT, and the DISTRICT shall thereupon
a after
'. l: om , • f e.• -
3, "`assume.'full responsibility for the--operation; maintenance and control of.'the
4: sewer•''system and gar.' bage and trash d'isposal :operations 4.
7 In compliance .with the provisions of the 'Joint Exercise of Powers
the following agreements are entered into
ry a). 'The purpose, of this 'alreement'.is to ,transfer to -'the CITY, and
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':3 -;the CITY to assume and maintain, the complete operation, management.'andtc,ontrol
g o£ tne;'sewer system, equipment, .Property.,-.44-the garbage and trash-operations
10, ., of the DISTRICT, except as hereinabove specifically excepted'by this agreement•
11 b) ': Tne method by' which the purpose of this agreement is to be •
'12 accomplished is as follows ' . ` ,
".13 ,^ (1) .The' DISTRICT shall transfer and li
relinquish control of':.its
14 sewerf Sys tem,'.equipment, property and garbage and f-rash operations :to the CITY,
15 except. as hereinabove-:•specifically excluded =-`
• 1'6 ') The CITY'accepts the duty, responsibility and. liabih y
- .x r
r. 17 `=, for the proper' management -'eperatson and control of h sewer system, property,
equipment, and=`garbage and trash operations'of gthe DISTRICT I't shall rise .the
18 1 J '; j\
19' funds received m fro the DISTRICT.'for the operation,$'maaagement sand control;of
the setter tsYatinic,tprOPerti.and equipment-, and: gaztbageetana trash operations
z1 - The CITY assumes all the obligatto'is, duties and liabilities, of the DISTRICT '
• ' , - -- ! :. •` -ik ,,'",. is _
v22 -which may exist by operation of late.or whic} may arise-by reason' of any contract
23 or agreement entered into by the DISTRICT prior to -the 'execution Of this. agree-
:
' 24 merit;-:pursuantY'to Paragraph 2(c) above, excluding any, liability,. debt. or charge _-
25: byLreason of .the present bonded tndebtednese" of the+DISTRICT: The CITY shall
• 2v, '' hold the DISTRICT free and harmless from said obligations, ',duties and-41 iabilit .."
try :. and from any obhgationa,r anti
es and liabilities that may arise by reeve of the >,
28 operati`on, management and control of..said sewer system, property, equipment, and
• 29 gartinge ancrr.traon. operations by •the CITY
• c) The CITY may expend•such public funds,as it 'receive"? 'by virtue
• of the :transfer of funds established by this -'agreemen`t to defray the cost of
the operation, management and control'tf the `said sewer system, •property,•• equip- :,
• 32 ,
0o ALOOUN•AN merit, rand garbage•and:'araeh operations • ', ,. ,•
•ATTOR NEY AT lA W_ - -
POST OFFICE BLOC.'. • ,IF.
"119 EAST 16TH STREET. l �T' _ • .
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1 d)' There shall be'a strict accountability of ahl •funds- and report
' 2 of an receipts and disbursements "by all the parties hereto:to each -of the
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_3 . others. •
4 e)•. The agency-to administer orexecute the purposes o£ ,this ,agreemeit
5 is the CITY•
6 1')f`,;The CITY, as .the'agenci to administer,;'or execute this agreement,
7 :is an:entity` separate: from the parties to this agreement ."
• 8 g)" The power -of the CITY as the.agency is subject to the 'restrict-
g ,ions upon tre manner1of exercising, the power-,of the DISTRICT as'said restrict
10 ions;_are imposed upon the DISTRICT by,reason. of operation of-law or ,by reason
11 of any and' all contracts and agreements entered into by the DISTPICT prior to.
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12 the date of the execution of this agreem nt.
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13 h) This agreement shall continue-until it"'is rescinded' or term,a.h nat d,
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'Either/party 2herato may terminate this agreement by..eerving. a•wr3 itten notice t'•±'
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15 of its intention to so'.terminate ,,at loadtl.thirty (30)::days before the end ,
16 ofcthe. current., fiscal year... 'In the event of the service =of.such written .'notice,
17 this contract 'shall terminate at the' end of.,the current fiscal year •;
18 i) `,'All property acquired.by -reason of theSoint Exercise of-Powers •
19 sJia].1 become the property,: of the CITY as the 'agency to'administer this agree-
20 merit
21 8 ':;The CITY has the right- to make or allow to be,made. additional
' 22 connections within the present Sanitary District System and within the Sanitary
23. District System as the came May•hereafter be enlarged'by the DISTRICT.. .. ;
?4 9: The right of connection and use of the.-system 'is ,'granted to..the.
25 •CITY as the CITY now exists, or as it may exist, and,-it boundaries'may.be2en- '
26 'larged •or expanded from,ti=ne>'to time in •the future, but subject to such limi-
27 tations and conditions as may exist-under existing agreements.between-the DISTRICT
28 and •other persons " •
29 10, Each of the parties agrees, when and as requestedstby the'other
0 30' party,, to-execute and-deliver to such other party, -any. and a1L documents, .'deeds, •
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releases or conveyances','Inecessary or- convenient to show• title or power or;auth
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ority,vested in' accordance with this.: agreeMent:
DONALD DUNGAN ,
ATTORNEY
' POSY OFFICE OLOG. - t . ', ' • _ •.
119 EAST 16TH STREET ( ., I _ '
5=
COSTA MESA.CALIF. _-`
LIBERTY 8'-666= - -
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1 31, It--is understood and agreed by each of the parties hereto that. '
2 if anysof these -provision s shall contravene, or be invalid, suchLcontravent'ion
3 or {{invalidity shall not invalidate the whole agreement, but•it shall 'be.4-don-
4' strued- as if not containing the ,particular.provision or,•provisi'ons held •invalid, ,'.,
- 5 and the. rights• and obligations of:the parties shall be construed and, enforced:
6 accordingly, and each of the partlea hereto specifically declare that.' in:the {=
-. - 1. ,•
7 event that those•portions. of the agreement granting to the CITY the management, -
II g operation and'control of .the •sewer system and garbage and trash operations exit- t .
9 side the CITY is held to-'be invalid It is the' intention of each of the
10 • parties (hereto to "continue the.remaining_portions of .this agreement in full:"force
11. . an&:effect. 4. -
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12 IN 'IITNESS WHEREOF, this •agreement• has been duly executed by.'tie• Mayor
13 and.City Clerk "of"the City of Costa Mesa, and the President and Secretary of
14 the Costa-Mes-a Sanitary District each taviñg been heretofore duly authorized-
:-,15 to 'execute this•egreement •on behalf of the zrespectiVe parties hereto '+ L .,,-
16 Executed this: l9th day`,of December,,1955, by the CITY
�• ,ry c r✓7 � �,,
- CITY1OF,+COSTA 1 SA, xi 7•
• 18 ��,! .,phi, a municipal corporation• of the sixth
...f.*.SK 3 E▪` class, situated -in the County •of Orange.
., a ,£�' '.1 "• • , ..t..,.4,4,-:, t i:V • s s.
=19 .. l 4' �tf•5' ;ATTEST i)i3r, 1 :,...•y 2 r � � • ••
21 " tip Mayor •c• •
23 City:.Clerk, i� m_ .
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25 Executed this 19th day• of December,• 1955, by the DISTRICT '•
-COS
TA MESA SANITARY DISTRICT
- i, - , ' .. : :'a district •situated ii'the.,County of.
<27. , Orange and .organizedfunder the Sanitary - f1
,
t "o
• > •' 'Dis`trict,Ac f '1923
28 .
29 ATTEST � /�� f•
30 F� r :ent
31 Secretary: (l(,�j %
\LD DUNGAN 'a -
IflNEY
OPFICE6LOG.
ST 16TH STREET : _ _ ,•�•
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