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Reso 1956-37 • RESOLUTION NO. 37 • 1 A;RESOLUTION OF THE COSTA MESA.SANITARY DISTRICT 'APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE 2 DEPARTMENT .OF MENTAL HYGIENE OF THE STARE OF CALIFORNIA. 3 WHEREAS, there has -been presented to. the Costa Mesa Sanitary District 4 a certain agreement by' and between the saidYSanitary District and the State of 5 California,. aH.ting through its' Department of Mental .Hygiene, for the transfer 6 of certain portions of a trunk 'sewer, more particularly described therein, and 7 the use and thaintenance of sewer facilities; and 8 WHEREAS, the- Board of'Directars of the :Costa Mesa Sanitary District 9 -deems it to be in the best interests of the District that said agreement be 10 approved, accepted. and executed; 11; NOW, THEREFORE, BE IT RESOLVED; that that certain agreement by_and 12 between the Costa Mesa Sanitary District and the State of California, Department 13 of Mental Hygiene, hereinabove described and -attached to and made a part of this 14 Resolution, be, and the same is hereby, approved, ratified and accepted by the 15 Board of Directors of the Costa Mesa Sanitary District and the President and 16 Secretary are_ hereby authorized to sign said agreement on behalf of the said 17 District. 18 PASSED AND ADOPTED this 5th day of December, 1956. 19 , 20 l 1r 21 F es 22 ATTEST ] - 23 Secre � 1' -- 24 STATE OF-CALIFORNIA) 25 COUNTY OF ORANGE )sa I, AL HOLLISTER, Secretary of the Costa Mesa 6anitary District, do ' 26 hereby certify that the above and foregoing Resolution No. 37 was duly and regularly_adopted at a regular adjourned meeting of the Costa Mesa Sanitary 27 District, held' on the 5th day of December, 1956, by the following roll call vote, 28 to-wit. AYES: Meyers, Hollister, Norman, Porter, Nelson 29 NOES: None ADSENT None 30 IN WITNESS WHEREOF, I have hereunto Set my hand and seal this day of December, 1956. 31 32 /1/�C,f dS�X.0 r.G: ), Secret 6 the Costa Mesa Sanitary + District, Costa Mesa, California • t7 ti�7t t i'i' S G;+ 1 i 1t - r ;iI k 21 i,r • AGREEMENT -FOR USE OP SEWERAGE FACILITIES " THIS AGREEMENT, made and entered into this 1st day of August, 1956, by a.nd -between the Costa Mesa Sanitary District of Orange County, California, a district organized. under the provisions Of the Health and. Safety Code of- the State- of California, 'hereinafter referred to as DISTRICT; and the State of California, acting by and through its Department of Mental Hygiene., 'hereinafter referred to as STATE, ' 4 W I T N E S S E T H. WHEREAS, the County Sanitation Districts Of Orange County have heretofore -on or about the 14th day .of February, .955, Tissue°d: a permit to the STATE to -connect an 18"- trunk sewer to the system of the DISTRICT at Gisler Avenue and =Harbor. Boulevard, in accordance with the plans and specifications submitted and -approved; and WHEREAS , said sewer has been constructed. to .serve the Fair- view--State Hos;iital; and WHEREAS, it is necessary and_ desirable that an agreement be reached-between the DISTRICT and- fhe STATE with reference to the use -of said -facilities, and the sewerage, and sewage treatment facilities to which said sewer discharges, and the charges to be paid for such use;. and _. 'WHEREAS, the Costa Mesa Sanitary District has acquired the capacity in the County Sanitation Districts' facilities to which the STATE trunk -sewer -connects,. and that such acquired capacity is ade- quate to serve the STATE trunk 'seiner connection; and WHEREAS , transfer of Ownership of certain portions of the STATE constructed sewer to the DISTRICT would relieve the, STATE of maintenance and operation- costs of that portion of the sewer and would result in mutual advantages to the DISTRICT and STATE, v,� A NOW, THEREFORE, it. is agreed as follows 4 1 That the STATE is hereby authorized and permitted to vi S. ,� d a .. P discharge through the State constructed-`18-inch sewer into the system • �. f i• of the County Sanitation Districts, all sewage originating on the site of the Fairview -State Hospital Said permit is granted in accordance with_, and subject 'to, the provisions of Ordinance -No 1 of said County Sanitation Districts which -Ordinance was `passed and adopted on 'the, 10th day of February, 1954, and the 'State agrees to ti accept and abide by all the provisions of said Ordinance No 1, a copy of ;which is, marked Exhibit A and attached hereto 2 The State agrees to furnish any 'additional information relating to the installation or use of the sewer :for, the use of which this permit is granted, as may requested by said- 'District 3 The State agrees at all times to cooperate with the District and its representatives in inspecting , ! sampling. and -study- ing the wastes' discharged, by the State -to said .sewer,- and the inspect-- ing and studying of any pre-treatment facilities which may be pro- vided by the State 4 IT* Portions of the trunk-:sewer -constructed' by the. :State and described as -follows are hereby granted to the Costa Mesa Sanitary District subject to terms and conditions, as set forth herein, and the Costa Mesa Sanitary District accepts said. property subject to said 'terms and conditions. The centerline of' said trunk sewer line is described as follows "Beginning at an existing manhole within the right of way of tHarbor Boulevard which bears S 00°' 32' B, 240 00 feet and N 89° 28 ' B' 16 feet from the intersection of the westerly line of Harbor Boulevard, as described in the deed to the County of Orange recorded- August 29, 1941,. in Book 1105, Page 511 of Official Records of Orange County., and the -northerly boundary of Lot "A"' of the Banning Tract as shown on, a map filed in the dace of Hancock Banning. and others vs Mary fl Banning for partition, and being case No 6385 upon .the :Regitter of Actions of the Superior Court of the' State of California, in and for the County of Los' ngeles;- thence from said point of beginning along the- center line of the .existing 18-inch VC sewer line the following courses and. distances N 00° 32' W, 1026 `feet , along a line parallel to and 24 feet :westerly: of the centeslatie-'of,.Harbor Boulevard; thence N 1 5.5' 43' 4971; 114,: 103' feet-to -a. point 51 feet. westerly 4 b utt- I S 1 , 1 t F E 1,,;t:r i r 1. b w ti and at right. singles -to the centerline of Harbor Boulevard; thence N -0O° 32' W, 13994 feet,, along a. line parallel to and { 51 feet westerly o.f -the centerline of Harbor. .Boulevard; thence N 11°' 55' 21 ' E, 102 feet to a point. 29' westerly, and at right angles to the centerline or Harbor Boulevard; thence. N 00° 32' W'; 1110 feet, more or .less, .along a line parallel to and 29 feet westerly of the centerline of -Harbor Boulevard, sr to its connection to an existing 30;-inch VC sewer line of the County Sanitation Districts 'of Orange County" 5 That the Costa Mesa Sahitary District operate and maintain the above described State••constructed sewer at no expense !, to- the STATE ,1 a 6 That the Costa Mesa Sanitary District agrees to provide sewer capacity to the STATE equal to that of the. existing State con- .- structed sewer either in that sewer or equivalent. facilities. ✓ / -- 7 That the Costa Mesa Sanitary District will receive, transport ; treat, and dispose of all sewage from the Fairview State' Hospital through the DISTRICT facilities 'and related joint facilities of the Orange County Sanitation Districts to which capacity has been acquired 8 The STATE shall pay for the receiving_, transporting,, treating , and disposing of STATE sewage into DISTRICT facilities Such payment shall be at cost to the DISTRICT as determined from- the records of the Costa ,Mesa Sanitary District .and, from the records of, County 'Sanitatio'. Districts of Orange- County Payment shall be made on a monthly basis The monthly- ./ Payment shall be equal to the average monthly payment for the pre- „, ceding year Ati,the end of tie fiscal year an adjustment shall be made With credit/to 'the STATE or payment to the -DISTRICT such that the cost of receiving , transporting , treating, and disposing Of the , STATE sewage shall equal, the actual costs to the DISTRICT Costs' '- shall be based on millions of gallons of sewage Only costs relating to facilities used in handling the- STATE sewage shall .be considered in computing the- STATE costs For the first fiscal year ,or portion Thereof, the monthly payment shall be at the rate of. thirty (30) dollars per million gallons of' sewage with adjustment at. the' end of the fiscal year as he-ein provided. 'L U a We r*&) 2. 3- �c. 1- f :421 t . • s 3 s y .9 That metering facilities for measdring the sewage flow from the Fairview• State Hospital will be installed and main-. tained by the STATE Such metering facilities shall be open, to inspection by the District 10 That metering facilities- will be installed and main= tained by the District for determining- the total volume of sewage utilizing facilities -on .which State -cysts are based Such .facilities shall be open to inspection by the State 11 That records of the District related to calculating the costs of receiving , transporting, treating, and ,disposing the State sewage .shall. be open to the State for review 'IN• .ti+l-IT'NFSSS WHEREOF the .parties hereunto have set their hand the day and ,date first written above. a. COSTA MESA SANITARY• DISTRICT ORANGE COUNTY, `CALIFORNIA ' .c,".t , .B r l / a Preside s f it ill / if 04/ Set e a '` DC.C.1•M' DEPARTMENT OF FINANCE , • APPROVEE© STATE OH' CALIFORNIA} } < DEPARTMENT OF MENTAL HYGIENE JAN 319�i JOHN'M. PEIRCE, Director BY `+ �� /�/��� +/DEPUTY DIRECTOR—B ' ss ,erv160B SY Atlotiplsinitin Adviser e t, }L1-:f t z '• _4_ Ci' rl 3` 7 Li a. � d4 �I.