Contract - OC Sanitation - 1962-07-18 (2) AGREEMENT IMPLEMENTING .COUNTY SANITATION
DISTRICT NO 7 ORDINANCE NO 705
THIS AGREEMENT made in the City of Santa Ana., California,
on the 18th day of July, 1962 , by and between County Sanitation
District Number Seven of Orange County, California, a public cor-
poration• hereinafter called "Seven", and the Costa Mesa Sanitary
District of Orange County, California-, a public corporation herein-
after called "District" ,
W I T N E S "S -E T H
-WHEREAS, Seven has enacted an Ordinance Numbered 705 en-
'titled "AN ORDINANCE PROVIDING .RULES AND REGULATIONS RELATING TO
CONNECTIONS TO DISTRICT SEWERAGE FACILITIES, ESTABLISHING CHARGES
THEREFOR AND PROVIDING *PENALTIES FOR VIOLATIONS AND REPEALING OR
-DINANCE NUMBERED 701", which ordinance establishes fees for the use
of its sewerage facilities to be collected from the users thereof,
i•n 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 S"even, 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 faci'1-
itate 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 .cons.ideration of the premises and the
public welfare , it is mutually agreed as follows
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District shall act as agent for Seven within the District 's,
incorporated limits as they now exist and as they maybe, 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- collett fees , all as provided
in Severi!s Ordinance Numbered 705 as amended by Seven' s' Ordinance
Numbered 706., or as may be amended in the future
All permits to connect directly to Seven's seiner 'lines.
shall conform to Seven's standards as se.t 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,
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:be delivered to Seven by District
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Of -the. fees and charges, collected by •the 'bistr.i-ct. AS .agent
for Seven , District shall remit not .less frequently than .quarterly
on. the. 10th of July, October, January and Worn , nf each calendar
yea?, 25% o£ all such ,fees so- collected the remaining 7,5; of such
fees shall be retained by District. and kept. separate7and apart ;from
its other funds Sa.i'd 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 Focal street sewers or laterals All such main
trunk. and interceptor .sewer§ and -appurtenances built, constructed- or
otherwise acquired shall be and become the property of Seven Nothing
contained herein .shall Prevent the District from constructing seiner
lines from its own funds and retaining exc`lusiVe. jurisdiction and
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control thereof. until Such time as it may cheose- to sell said line
or lines to Seven as a part of its master plan -systemtof sewer lines
It is agreed that all -such main trunk and interceptor sewers and
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their appurtenances shall be approved by Seven as conforming to
and becoming a part of. 'its master plan to provide sewerage facili-
ties 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. re
quirements as they may exist from time io time
III
District shall account annually after June 30th of each
calendar 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
to be issued covering the period' March 1 , 1962 , to the effective'
date of this agreement (July 18 , 1962) District agrees to ascertain
the number and types of permits required to be issued during this
interim' period and td collect the fees which have accrued under
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said ordinance: as amen'ded, to July 18, 1962 District shall remit
25% of said accrued fee to- "Seven as hefeinabove provided
lb consideration of 'District issuing said permits and
-collecting said accrued, fetes and all fees to be dud in the future,,
under the 'provisions of said 'Ordinance Numbered 705 , as it may be
amended from Hine to time, Seven waives its rights to require
75% of the fees accrued during the• interim period'- March 1,, 1962 ,
to July 18, 1962', 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 July 18, 1962. and shall
continue i.n effect until it is by mutual agreement amended or termi-
nated Either party may terminate- this agreement' by giving the
other 120 days written-.notice of its intention to terminate, and
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the designation of the termination- •date
COSTA. MESA SANITARY DISTRICT
-OF ORANGE' COUNTY , CALIFORNIA, a
`public corporation
By .
.(SEAL)
By
s(
-- AND
-COUNTY SANITATION_ DISTRICT NO 7 ,,
OF 'ORANGE COUNffY, -CALIFORNIA, a
public, corporation r `
X By .
Chairman , Board ,of Directors:.,
-(SEAL)
By
Secretary, Board of Directors
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