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Home My WebLink AboutCOUNTY OF ORANGE SANITATION DISTRICTi AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES THIS AGREEMENT, is made and entered into this 14th day of November f_•i.fi� , 1984, by and between: COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, hereinafter referred to as "District", CITY OF SANTA ANA, a municipal corporation, hereinafter referred to as "City". W I T N E S S E T H• WHEREAS, District has by the enactment of Ordinance No. 105 established a scheduIe of sewer connection charges; and WHEREAS, a portion of the territory of the District is within the city Iimits of City; and WHEREAS, it is for the mutual benefit of City and District that the sewer connection charges provided for in said Ordinance No. 105 of the District be collected in a manner most expedient and least burdensome on the owners of property within the City; and WHEREAS, the City will benefit by the construction and maintenance by District of sewage facilities of the District within the city limits of City from the funds to be collected from said sewer connection charges. NOW, THEREFORE, it is mutually agreed as follows: Section 1. City, as agent, will and does hereby agree to issue permits and colIect the charges established by District -1- under said Ordinance No. 105, as amended from time to time. Section 2. District shall prescribe those classifications of charges to be collected by City. Section 3. City will account for the charges collected and remit to District monthly the monies so collected, except as provided in Section 6 hereof. Section 4. Procedures mutually agreeable to City and District shall be established for collection and remittance of said fees. Section 5. District does hereby appoint and nominate City and its agents and employees (as the same may be designated by City), as agents of the District for the purpose of issuing permits and determining and collecting the sewer connection charges established under Ordinance No. 105, as amended. This does not authorize City 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. 105, as amended, except as expressly set forth in this Agreement. Section 6. City agrees to act as agent for District as herein provided for a fee equal to five percent (5%j of the fees collected by City for permits issued pursuant to the provisions of this Agreement, and District agrees to pay said fee monthly. Said five percent (5%) fee of City shall be deducted from the charges collected by City and the balance remitted to District pursuant to Section 3 herein. Section 7. If City is presented with a dispute as to the validity, reasonableness, enforcibility, or applicability of the charges -2- agreed to be collected by it for District, City 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 valid legal right or basis. Section 8. City shall not be Iiable to District for its unintentional or 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. Section 9. District hereby agrees to hold City free and harmless of any and all liability that might arise if any such fees collected by City shall be determined to have been illegally collected. District further agrees to hold the City harmless from any liability which may accrue as a result of failure of the District to provide sewer services or capacity to any party who applies to the City for connections under the Agreement. Section 10. District agrees to provide legal services in the defense of any action seeking to recover sewer connection fees alleged to have been illegally collected. Section 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. Section 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. -3- Section 13. This agreement shall become effective on the 1st day of January , 1985. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. APPROVED AS TO FORM THCMAS L. gIOODRUFF GENERAL COUNSEL APPROVED AS TO FORM: COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA By Chairman, Board of Directors B� Secretary, Board of Directors Thdmas L. Woodruff, GeneralCounsel ATTEST: ity Clerk APPROVED AS TO FORM: City t orn y CITY OF SNkNTA ANA, a municipal corporation By Mayor ^�rove� as tq�Intent City Manager a STANDARD AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES THIS AGREEMENT, made and entered into this 16th day of July , 1973, by and between the City of Santa Ana , a municipal corporation, hereinafter called "City", and County Sanitation District No. 2 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. 203 established a schedule of sewer connection charges; and WHEREAS, all or a portion of the improved territory of the District is within the city limits of City; and WHEREAS, the City by and through its building department regulates all new construction within the City; and. WHEREAS, it is for the mutual benefit of City and District that the sewer connection charges provided for in said Ordinance No. 203 of the District be collected in a manner most expedient and lease burdensome on the owners of property within the City; and WHEREAS, the City will benefit by the construction and main- tenance of sewerage facilities of the District within the city limits of City by District from the funds to be collected from said sewer connection charges. NOW THEREFORE, it is mutually agreed as follows: 1. City as agent will and does hereby agree to issue permits and collect the charges established by District under said Ordinance No. 203 , as amended from time to time. 2. District shall prescribe those classifications of charges to be collected by City. 3. City will account for the charges collected and remit to District monthly the monies so collected, except as provided in Section 5 hereof. 4. Procedures mutually agreeable to City and District shall be established for collection and remittance of said fees. M Listrict bobs hereby appoint and nominate City and Its Agents and employc-s as the same may be desib..ated by City as aCents of the District for the purpose of issuing permits and determining and collecting the sewer connection charges established under Ordinance No. 203 , as amended. This does not authorize City 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. 203 , as amended, except as expressly set forth in this Agreement. 6. City agrees to act as agent for District as herein provided for a fee equal to five percent (5%) of the fees collected by City for permits issued pursuant to the provisions of this agreement, and District agrees to pay said fee monthly. Said five percent (5%) fee of City shall be deducted from the charges collected by City and remitted to District pursuant to Section 3 herein. 7. It is agreed that at the request of either party hereto, formal renegotiation of this agreement shall be made attwo years, from the effective date hereof. 8. This agreement may be terminated by either party giving 180 day written notice to the other party designating a termination date, which date shall be the first day of a calendar month. 9. This agreement shall become effective on the 1st day of October 1973• CITY OF SANTA ANA , (SEAL) a mu icipal corporation BY ES 1 Je y M. Patterson, � /� Nia�yor a BY-X_1�X0--( �x is RLET - Florence I. Malone, City Clerk ASSISTA A . CITY COUNTY SANITATION DISTRICT NO. 2 (SEAL) of Orange County, California, a public corporation �By C' dirrria oar o D etors By �Pc , B d of Directors -2- �m ti SUPPLEMENT TO AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES 1. That certain agreement entitled "Standard Agreement for Collection of Sewer Connection Charges" dated July 16 1974 , by and between the City of Santa Ana hereinafter called "City",and County Sanitation District No. 2 , hereinafter called "District", is hereby supplemented and amended by the addition thereto of the following agreements: a) If the City is presented with a dispute as to the validity, reasonableness, enforcibility, or applicability of the charges agreed to be collected by it for the District, the City shall notify the District of the problem and the 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. b) The City shall not be liable to the 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. c) District hereby agrees to hold City free and harmless of any and all liability that might arise if any such fees collected by the City shall be determined to have been illegally collected. c d) District agrees to provide legal services in the defense of any action seeking to collect sewer connection fees alleged to have been illegally collected. 2. Except as herein supplemented and amended, that certain agreement hereinabove referred to in Paragraph 1 above is hereby ratified and confirmed. DATED August 8, 1973. APPROVED ASTOFORM: 00 Jnnee/I//A(jAr�Withm City Attorney COUNTY SANITATION DISTRICT NO. 2 I By Y� By �p nMayor • V�� City Clerk