Contract - OC Sanitation - 1963-03-06/
AGREEMENT IMPLEMENTING COUNTY SANITATION
DISTRICT NO. 7 ORDINANCE NO 705
THIS AGREEMENT made in the City of Costa Mesa, California,
on the 6th day of March, 1963, by and between County Sanitation
District Nurser Seven of Orange County, California, a public corpora-
tion hereinafter called "SEVEN", and the Costa Mesa Sanitary District
of Orange County, California, a public corporation hereinafter called
"DISTRICT",
W I T N E S S E T H
WHEREAS, Seven has enacted an Ordinance Numbered 705
entitled "AN ORDINANCE }ROVIDIIVG RULES AND REGULATIONS RELATING TO
CONNECTIONS TO DISTRICT SEWERAGE FACILITIES, ESTABLISHING CHARGES
THEREFOR AND PROVIDING PENALTIES FOR VIOLATIONS AND REPEALING
ORDINANCE NUMBERED 701", which ordinance establishes fees for the use
of its sewerage facilities• to be collected from the users thereof,
in accordance with the provisions of Section 5471 of the Health
and Safety Code of the State of California, and
WHEREAS, there are certain areas of the District lying within
the territorial limits of Seven, and
WHEREAS, the effective date of Sevenia Ordinance Numbered
705 was March 1, 1962, and
WHEREAS, it is desirable in the public interest to facilitate
the orderly collection of said fees, and
WHEREAS, Seven does not intend or desire to extend its
services to local street sewers or lateral sewers, as distinguished
from the main trunk or interceptor sewers within the incorporated
limits of the District,
NOW, THEREFORE, in consideration of the premises and the
public weifare, it is mutually agreed as follows
I
District shall act as agent for Seven within the District's
incorporated limits as they now exist and as they may be extended by
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annexation within the territory of Seven for the purpose of issuing
permits, and to collect fees, all as provided in Seven' s Ordinance
numbered 705 as amended by Seven' s Ordinance Numbered 706, or as
District' s incorporated limits as they now exist and as they may
be extended by annexation within the territory of Seven for the
Purpose of issuing permits, and to collect fees, all as provided in
Seven' s Ordinance Numbered 705 as amended by Seven' s Ordinance
Numbered 706, or as may be amended in the future, but as limited by
"General Manager Interpretation No 2 of Permit Regulations of Ordinance
No 705 as amended by Ordinance No 706", dated the day of
, 1963, as per the copy attached hereto
All permits to connect directly to Seven' s sewer lines
shall conform to Seven's standards as set by Ordinance Numbered 705,
and by supplementing written directives to. be delivered by Seven to
District A copy of each such permit issued by the District shall
be delivered to Seven by District
II
Of the fees and charges collected by the District as agent
for Seven, District shall remit not less frequently than quarterly
on the 10th d5 July, October, January and April, of each calendar
year, 25% of all such fees so collected. The remaining 75% of such
fees shall be retained by District and kept separate and apart from
its other funds Said 75% of fees so collected shall be known and
designated as COUNTY SANITATION DISTRICT NUMBER SEVEN, MAIN TRUNK
FUND, and shall be used by the District as agent for Seven to build,
construct, purchase, or otherwise acquire, maintain and operate
main trunk sewer lines, interceptor lines and appurtenances as
distinguished from local street sewers or laterals All such main
trunk and interceptor sewers and appurtenances built, constructed or
otherwise acquired shall be and become the• property of Seven Nothing
contained herein shall prevent the District from constructing sewer
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lines from its own funds and retaining exclusive jurisdiction and
control thereof Until such time as it may choose to sell said line
or lines to Seven 'as a part of its master plan system of sewer lines
it is agreed that all such main trunk and interceptor sewers and
their appurtenances shall be approved by Seven as conforming to
and. becoming a part of its master plan to provide sewerage facilities
to adequately serve all of the territory within Seven District
shall determine the time for acquisition or construction of the
aforesaid sewer lines and appurtenances District shall determine
-the reasonable costs therefor not to exceed construction costs which
may include engineering services subject to the approval of Seven
.District may at its option maintain and operate all such sewer lines
on behalf of Seven Seven shall, upon notice from the District,
operate and maintain any of Seven's sewer lines or appurtenances
within the limits of Said District
Any property within Seven shall be permitted to use Seven's
sewerage facilities, upon compliance with its regulations and require-
ments as they may exist from time to time
III
District shall account annually after June 30th of each
calendar year to Seven, thawing the use and condition of County
Sanitation District, Number Seven Main Trunk Fund.
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The 25% of the .fees -collected by District and remitted to
Seven shall be used by Seven outside the incorporated limits of
District, for the -same purposes the District may use the 750 it• may
retain as agent for Seven, all in compliance with •Section 5471 of
the Health and Safety Code of the State of California
V
The effective date- of Seven'.s Ordinance Numbered. 705 was
+larch 1, 1962, and there are certain fees to be collected and permits
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to be issued covering the period March 1, 1962, to the effective
date of this agreement (March 6, 1963) District agrees to ascertain
the number and types of permits required to be issued during this
interim period and to collect the fees which have accrued under
said ordinance, as amended, to March 6, 1963. District shall remit
25%' of said accrued fees to Seven as hereinabove provided, or, in
lieu thereof, District shall charge and collect only 25% of the
fees accrued under said ordinance and remit the entire 25% so
collected to Seven.
In consideration of District issuing said permits and
collecting said accrued fees and all fees' to be due in the future,
under the provisions of said Ordinance Numbered 705, as it may be
amended from time to time, Seven waives its rights to require
75% of the fees accrued during the interim period' March 1, 1962;
to March 6, 1963, to be applied to County Sanitation District
Number Seven Main Trunk Fund by District
VI
Seven agrees to give seven days written .notice to District
of its intention to amend or repeal Ordinance .Numbered 705, as it
is presently amended by Ordinance Numbered 706
VII
This agreetent shall be effective March 6, 1963, and shall
continue in effect until it is by mutual agreement amended or terminated.
Either party may terminate this agreement by giving the other .120 days
written notice of its intention to terminate, and the designation
of' the termination date
VIII
Nothing contained in this agreement shall. be considered to
require the Sanitary District to collect surcharges for use permits
as provided in ARTICLE 3, Paragraph (c) , Subsection (3)
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F
The-Sanitary District acting as ,agent for the .District (Seven)
shell, not be concerned with the enforcement of Paragraph (d) ,
entitled "Suspension. of Use Permit", of ARTICLE 3, entitled
"PERMIT REGULATIONS", and shall take no action to interfere with
the District'•s enforcement of said Paragraph (d).
Paragraph (e) , entitled "Violation", of ARTICLE% 3,
entitled "PERMIT `REGOLATIc*4S", may be enforced by',either the
( ve
Sanitary District •or the Districte
and n)neither party shall interfere
with. the enforcement of this provision by the other; and that party
which first takes action under said Paragraph (e) shall be deemed
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to have jurisdiction thereof
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'COSTA MESA 'SANITARY. DISTRICT .OF ORANGE COUNTY,
'CALIFCRN , a public corporation
BY
(SEAL) By . 4 . ! i_agtizeiej
}
AND
COUNTY SANITATION DISTRICT NO. 7-MV ORANGE COUNTY,
CALIFORNIA,�aa pub 'c corporation
By
Chairman. xoard o1 .-? ctors
(SEAL). BY Cc #L Q
rr wan zoar« o 0 ' 4ctors
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GENERAL MANAGER INTERPRETATION' NO 2 OF PERMIT REGULATIONS
OF ORDINANCE NO 705, AS AMENDED BY ORDINANCE NO 706
WHEREAS, Sub-section (f) of Article 4 of Ordinance No 705,
as amended by Ordinance No 706 of County Sanitation District
No 7 of Orange County, California, provides that if factual situa-
tions presented do not follow precisely within the rules promulgated
in Article 4 of said Ordinance, the General Manager shall interpret
them in a reasonable manner, and that in making such interpretations,
he shall be guided by the policy of the District which is to base
fees and charges in accordance with the benefits and uses supplied
by the District, and those receiving the greatest benefits and
most use of the facilities provided by the District shall proportion-
ately bear .more of the costs and expenses of the District and
WHEREAS, the Costa Mesa Sanitary District of Orange County,
California, has presented to the General Manager factual situations
within its District which do not follow precisely within the rules
promulgated in Article 4 of said Ordinance, to wit
WHEREAS, these factual situations are
1 That the property owners within the territory known as
Annexation No 19, as Annexed to the Costa Mesa Sanitary District
on October 22, 1957, and within Sanitation District No 7, situated
in the general area southeasterly of Newport Boulevard and adjacent
to Palisades Road, did on September 15, 1958, authorize the
construction of trunk sewers, street sewer mains, house laterals,
and a pump station under the Improvement Act 'of 1911 This work
was completed and connected to the trunk sewer mains of the
Costa Mesa Sanitary District and the trunk line of Sanitation
District No 6 previous to October 1, 1959, all prior to the adoption
of Ordinance No 705 of Sanitation District No 7 The property
owners within Annexation .No 19 will be paying for the apbve-mentioned
sewer installations for the next seven (7) years, and will not
be directly benefited by the facilities installed. by Sanitation
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District No '7 from money derived from the, 1962' bond' issue
2 That the areas shown in brown on the map attached hereto
are subdivisions on which final .tract ,maps had- been filed and
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recorded prior to 'March 1, 1962, and which subdivisions were in use
and connected to a trunk sewer Main owned by Sanitation District
No 7 prior to March 11 1962, and were not on dry sewers. as of said
date
Therefore; because of the factual situations thus presented
and .in accordance with the stated policy of the Directors of
District' No 7, as set forth in Ordinance No 705, it is the inter-
pretation of the General Manager that the permit charges set forth
in Article 4 of Ordinance No 705, as amended by Ordinance No 706,
shall not apply to those properties situated in the Costa Mesa
Sanitary District, .defined as follows
(11 That property within the territory known as, and
.described in, Annexation No 19 to the <Costa Mesa Sanitary District
oh October 22, 1957, Within County 'Sanitation District No 7 which
was improved by the construction' of trunk sewer mains, street
sewers and house laterals under the Improvement Act of 1911
proceedings, excepting those properties to be ,served in the future
by any' newly constructed house laterals or street sewers ( those
properties to 'be• so served in the future shall pay the permit charges
described in Article 4' of Ordinance No 705, as. amended by Ordinance
No 706) By house lateral is meant a .lateral connecting to the
main sewer main and does not include completion of laterals from
property lines to the structure
(2) Those properties consisting of subdivided. lands,
designated in brown on the map attached hereto aridmade a part hereof
DATED this /0 Tday of 7� _ , 1963
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M e son,, General Manager s
sanitation District ,No 7
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