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Contract - OC Sanitation - 1963-03-06 (2) 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 Number 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 PROVIDING 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 Seven' s 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 welfare, 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 -1- 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 Ito Seven.' s standards as set by Ordinance Numbered 705, � f 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 Of 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 appurtenance's 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 -2- 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 Jcalendar year to Seven, showing the use and condition of County Sanitation District Number Seven Main Trunk Fund. IV 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 75% 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 March 1, 1962, and there are certain fees to be collected and permits -3- 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, ito .Mar.ctr. 4, .196'3. 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 agreement 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 i- VIII Nothing contained in this agreement shall be considered to require thetSanitary District to collect surcharges for use permits as provided in ARTICLE 3, Paragraph (c) , Subsection (3) -4- z The Sanitary District acting as agent for the District ( Seven) shall 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 REGULATIONS", may be enforced by either the (Seven) Sanitary District or the District/ and 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 to have jurisdiction thereof COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORN • a public corporation BY C " ", (SEAL) By M AND' , • fi a COUNTY SANITATION- DISTRICT NO. ;7•1OF ORANGE COUNTY, CALIFORNIA, a pu•-.xc corporation By //i Chairm n, Board • ectors' (SEAL) B A Q. ".I , airman, Board o Pict-ctors -5- 1. GENERAL MANAGER INTERPRETATION NO 2 OF PERMIT REGUTATICNS 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 above-mentioned sewer installations for the next seven (7) years, and will not. 'be directly benefited by the facilities installed by Sanitation -1- 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 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 1, 1962, and were not on dry sewer's as of said' date Therefore, because of the factual situations thus presented and in accordance with the stated polity 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 riot apply to those properties situated in the Costa Mesa Sanitary District, defined as follows (1) That property within the territory known as, and described in, Annexation No 19 to the Costa Mesa Sanitary District on 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 7p5, 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 and made a part hereof DATED' this % day of , —/. / , 1963 c / Le- I Ne son, Gene' al'Manager o anitation. District No 7 -2-