Contract - OC Sanitation - 1980-03-14 AGREEMENT FOR COLLECTION OF
SEWER CONNECTION CHARGES
THIS AGREEMENT made and entered into this 14thday of March
1980 by and between the Costa Mesa Sanitary District, a public
corporation hereinafter called CMSD , and the County Sanitation
District No 6 of Orange County California , hereinafter called
District
W I T N E S S E T H
WHEREAS District has by the enactment of Ordinance No 604
established a schedule of sewer connection charges and
WHEREAS , all or a portion of the improved territory of the
District is within the boundaries of CMSD and
WHEREAS , the CMSD regulates all connections to its sewerage
facilities and its sewerage facilities are connected to those of
the District and
WHEREAS , it is for the mutual benefit of CMSD and District that
the sewer connection charges provided for in said Ordinance No 604
of the District be collected in a manner most expedient and least
burdensome on the owners of property within the CMSD and
WHEREAS , the CMSD will benefit by the construction and main-
tenance of sewerage facilities of the District within the boundaries
of CMSD by District from the funds to be collected from said sewer
connection charges
NOW THEREFORE it is mutually agreed as follows
1 CMSD as agent will and does hereby agree to issue permits
and collect the charges established by District under said Ordinance
No 604 as amended from time to time
2 District shall prescribe those classifications of charges
to be collected by CMSD
3 CMSD will account for the charges collected and remit to
District monthly the monies so collected, except as provided in
Section 6 hereof
4 Procedures mutually agreeable to CMSD and District shall
be established for collection and remittance of said fees
5 District does hereby appoint and nominate CMSD and its
Agent and employees as the same may be designated by CMSD as
agents of the District for the purpose of issuing permits and
determining and collecting the sewer connection charges established
under Ordinance No 604 as amended This does not authorize CMSD
to act as agent for the General Manager or to perform the duties
of the General Manager of the District as set forth and established
in said Ordinance No 604 as amended except as expressly set
forth in this Agreement
6 CMSD agrees to act as agent for District as herein provided
for a fee equal to five percent (5%) of the fees collected by CMSD
for permits issued pursuant to the provisions of this agreement
and District agrees to pay said fee monthly Said five percent (5%)
fee of CMSD shall be deducted from the charges collected by CMSD
and the balance remitted to District pursuant to Section 3 herein
7 If CMSD is presented with a dispute as to the validity
reasonableness enforcibility or applicability of the charges
agreed to be collected by it for District CMSD shall notify District
of the problem and District shall take over the collection and
enforcement of its ordinances in subject cases It is contemplated
that this shall be the procedure for serious disputes made upon
some current legal right or basis as distinguished from crank-type
or ill-founded disagreements
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8 CMSD shall not be liable to District for its unintentional
and inadvertent failure to collect a connection charge actually due
District or its unintentional or inadvertent miscalculation of the
amount of the charges , fee, or fees due District
9 District hereby agrees to hold CMSD free and harmless of
any and all liability that might arise if any such fees collected by
CMSD shall be determined to have been illegally collected
It is further understood and agreed by and between the
parties to this agreement that CMSD in acting as agent for Sanitation
District No 6 does not warrant nor present that Ordinance 604 is
valid and assumes no responsibility for its application in light of
Proposition 13 or any legislation relating to the powers of districts
to impose taxes or collect fees and Sanitation District No 6 agrees
to defend and indemnify and hold harmless CMSD from any action for
tax refund or any action challenging the validity of the actions of
CMSD in performing the duties as set forth herein
10 District agrees to provide legal services in the defense
of any action seeking to collect sewer connection fees alleged to
have been illegally collected
11 It is agreed that at the request of either party hereto
formal renegotiation of this agreement shall be made at two-year
intervals from the effective date hereof
12 This agreement may be terminated by either party giving a
180-day written notice to the other party designating a termination
date, which date shall be the first day of a calendar month
13 This agreement shall become effective on the 14th day of
March , 1980
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COSTA MESA
SANITARY DISTRICT a public corporation
By/04.01 7% : 4
A4� ov AS TO FORM: P esident
A OR EY F •(STRICT By
Secretary'Clerk
DISTRICT COUNTY SANITATION DISTRICT NO 6
of Orange County California
} a public corporation
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By k.
C/Gu «
Chairman Board' o' Directors
441141"
By ii iA•,, ..
Secr-t-ru' :: - o Directors
APPROVED AS TO FORM
AND LEGALITY
� L//i- i /
District' s General Coinsel
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ORDINANCE NO 604
AN ORDINANCE AMENDING ORDINANCE NO 603
ESTABLISHING SEWER CONNECTION CHARGES FOR IJSE
OF DISTRICT SEWERAGE FACILITIES
The Board of Directors of County Sanitation District No 6 of Orange County
California, does hereby ORDAIN as follows
Section 1 Section 402 of Ordinance No 603 is hereby repealed
Section 2 Section 402 is hereby added to Ordinance No 603 to read
"402 DISTRICT NO 6 CONNECTION CHARGES
1 District Connection Charges
No application for a permit for a connection to a District
sewerage facility or to any sewerage facility which dis-
charges into a District sewerage facility shall be considered
until a District connection charge is paid by the applicant
provided, however that such fee shall not be payable when a
permit is issued for the reconnection or alteration of an
existing connection for the same use made by the District or
at the request of the District No connection permit shall be
issued unless there is an established use of the property to
be served or a valid building permit issued which established
the use of said property
The following District connection charges are hereby established
and shall be paid to the District or to an agency designated by
the District
(a) Regular Connection Charge Residential Uses
(1) Single family dwelling - $250 per dwelling unit
(2) Multiple dwellings - $250 per dwelling unit A
multiple dwelling is any structure designed or used
for residential purposes other than a motel or hotel
which would require use zoning of a greater density
than R-1 zone as R-1 is defined in the Orange County
Zoning Code Section 78 0214 1 through 78 0214 6
inclusive if such zoning classification would be
required to make the use of the subject property in
conformity with applicable zoning standards of the
County of Orange.
(b) Regular Connection Charge Commercial or Industrial
Establishments - $625 00 per acre of area (computed to the
nearest 1/10th of an acre) provided that such charge shall
not be less than $250 00 The term commercial or indus-
trial establishments" as used herein shall include motels
hotels and property owned or occupied by governmental agencies
and non-profit organizations
Section 3. The effective date of this Ordinance shall be March 14 1980
Section 4 The Secretary of the Board is directed to certify to the adoption
of this Ordinance and cause it to be published in a newspaper of general circulation
within the County
PASSED AND ADOPTED by the Board of Directors of County Sanitation District No 6
of Orange County California, at a regular meeting held February 13, 1980
Chairman of the Board of Directors
County Sanitation District No 6
of Orange County California
Secretary of the Board of Directors
County Sanitation District No 6
of Orange County California
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