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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 -2- 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 -3- 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 �J /2 // 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 -4- 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 -2-