HomeMy WebLinkAboutGARDEN GROVE SANITARY DISTRICTAGREEMENT
FOR
JOINT USE OF SEWERAGE FACILITIES
This agreement, made and entered into this 51.h day of
August , 19 85 , between the City of Santa Ana, a municipal
corporation, hereinafter referred to as "CITY", and the Garden Grove Sanitary
District of Orange County, California, a sanitary district organized under the
Sanitary District Act of 1923, hereinafter referred to as "DISTRICT".
W I T N E S S E T H
WHEREAS, Orange County District Reorganization No. 66 will detach
approximately 1,000 acres from the DISTRICT, of which approximately 906 acres
are located within CITY; and,
WHEREAS, Reorganization No. 66 will transfer to CITY the fixed assets
of the detached portion of DISTRICT that are within CITY; and
WHEREAS, said Reorganization provides for DISTRICT to retain capacity
rights in certain DISTRICT sewerage facilities to be transferred to CITY which
will be needed by DISTRICT to transport wastewater from remaining areas of
DISTRICT to the Orange County Sanitation District facilities; and,
WHEREAS, sewers transferred to CITY will remain connected to sewers
retained by DISTRICT, and CITY will need capacity rights in these sewers to
transport wastewater from the detached area within CITY to downstream portions
of the same sewer transferred to CITY; and,
WHEREAS, a report prepared by Boyle Engineering Corporation for the
City of Santa Ana entitled "Addendum to the June 1979 Engineering Report Update
on Sewerage Facilities" dated July 27, 1984 indicates that certain shared sewers
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within CITY or DISTRICT will not have adequate capacity for the wastewater from
the planned ultimate development of the areas within DISTRICT and CITY tributary
to said certain facilities; and,
WHEREAS, because capacity rights in certain sewerage facilities will be
shared by DISTRICT and CITY, it is in the best interests of DISTRICT and CITY to
enter into an agreement to provide for the cost sharing of maintenance of sewers
in which DISTRICT and CITY will share capacity rights and to provide for funding
of the construction of future sewers within CITY or DISTRICT that may be
necessary to provide sufficient capacity to transport the combined ultimate
wastewater flows from portions of DISTRICT and CITY to the Orange County
Sanitation District facilities; and,
NOW, THEREFORE, in consideration of the payments herein provided and
the several obligations hereof, the parties agree:
1. Shared Sewers
(a) CITY hereby grants to DISTRICT and DISTRICT hereby grants to
CITY capacity rights so long as capacity is available in the shared sewers, the
locations of which are shown on Exhibit A attached hereto and described in
Exhibit B attached hereto. DISTRICT and CITY agree to use said shared sewers
only to transport wastewater from those portions of DISTRICT or CITY within the
tributary area as shown on said Exhibit A. The shared sewers, or portions
thereof, shall be deemed to be at capacity when the measured peak flow has a
depth equal to 75% of the sewer diameter.
When either party determines by field measurements that a portion
of a shared sewer is flowing at capacity, as defined herein, they shall
immediately notify the other party in writing, setting forth the limits, the
measured flow, and the depth of the peak flow.
PAWST
Upon determination and notification that a sewer is at capacity,
both parties shall immediately cease issuance of any additional sewer connection
permits to any tributary sewer,. The cessation of issuance of sewer connection
permits shall continue in force until additional sewer capacity has been
constructed as provided for herein.
(b) CITY and DISTRICT agree to maintain their respective portions
of the shared sewers.as shown on Exhibit A in the same manner and at the same
frequency as all other sewers maintained by CITY or DISTRICT.
(c) Replacement or Repair of Shared Sewers
Both parties agree that the shared sewers have a finite life
and eventually, due to damage or deterioration, all or portions of the shared
sewers may need to be replaced. When either party determines that a portion of a
shared sewer within its jurisdiction is in need of major replacement, it shall
immediately notify the other party in writing, setting forth a description and
schedule of repair or replacement and the estimated cost thereof. Unless the
work is required to abate a public health problem it shall be scheduled so that
both parties can arrange for financing in the next following fiscal year. Work
required to abate a public health problem shall be commenced immediately.
The cost of repair or replacement of each shared line shall be
apportioned to each party as set forth in Exhibit B. The total cost shall
include engineering, administration and construction expenses. Prior to starting
the repair or replacement work, the initiating party shall bill the other party
for their apportioned share. The other party shall promptly deposit the billed
amount. Upon completion of the work and payment of all costs, the initiating
party shall submit a report setting forth all costs incurred together with either
a bill, or a refund for the difference between the actual apportioned cost and
the deposit.
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i
Any repair or replacement costing less than $5,000.00 may
be done by force account. Repairs or replacements costing in excess of
$5,000.00 shall be subject to a public bidding process.
If, within 30 days -After notification, _the notified party
disagrees with the necessity or estimated cost or apportionment of the cost of
the repair or replacement, they shall so notify the other party in writing. If
the parties are unable to agree upon the need or cost of the repair or replacement,
the matter may be submitted to arbitration as set forth in Section 4.
2. Future Sewers
It is anticipated that, as the tributary area to the shared sewers
continues to develop, there will not be adequate capacity, as defined in Section
1, in some of the shared sewers. Exhibit C attached hereto shows the sizes and
locations of parallel sewers and relief connections to Orange County Sanitation
District facilities that are anticipated will be required in the future to
provide capacity for ultimate planned development.
On or before October 1st of each year, each party shall determine
whether the shared sewers within their jurisdication have sufficient capacity, as
defined in Section 1, to provide service without limiting connections for the
next calendar year. If it appears that adequate capacity will not be available,
then the parties shall meet and determine within 60 days the size and estimated
cost of a parallel relief sewer that, together with the existing sewer, will
provide adequate capacity for ultimate planned development within the tributary
area. Each party shall provide the estimated ultimate flows for their portion of
the tributary area.
The cost of the new parallel sewer, including engineering,
administration and construction shall be apportioned between the parties equal to
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the ratio that each party's estimated ultimate peak flows bears to the combined
ultimate peak flow,
The construction of' the new line shall be scheduled to start after
the next July lst in order to permit both parties to budget the required funds.
Prior to commencing construction, the party within whose
jurisdiction the new sewer will be located shall bill the other party for their
apportioned share of the total cast. The other party shall promptly deposit the
billed amount. Upon completion of the work, and payment of all costs, the
initiating party shall submit a report setting forth all costs incurred together
with either a bill or a refund for the difference between the actual apportioned
cost and the deposit.
If one of the parties does not finance their apportioned share of
the new parallel sewer, or relief connection, or for any other reason declines to
participate, then the remaining party at their option may proceed to construct
and finance a parallel sewer with; capacity only for the tributary area within
their jurisdiction. If this option is exercised, then the party choosing not to
participate shall immediately cease issuance of sewer connection permits as
provided for in Section l(a). Such cessation of connection permits shall remain
in effect until the non -participating party constructs sewer facilities with
capacity for added flows from their tributary area or diverts the added flow to
non -shared sewers.
3. Modifications
A pumping station in Fountain Valley now discharges sewage into the
shared line in Edinger Avenue. In the event that the flow from this pumping
station is discharged elsewhere, this agreement shall be modified as necessary to
reflect the changed condition.
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4. Arbitration
If the parties are unable to agree on the necessity, cost, or
apportionment of repair or replacement of shared sewers, the matter may be
submitted to arbitration before a 3-man arbitration board in the following
manner:
Either party may, within 60 days after the date of the notification
of the need for a repair or replacement, appoint one member of said arbitration
board, giving notice thereof to the party making the first appointment to said
board. The third member shall be appointed by the first two members. All
members of said board shall be registered Civil Engineers in the State of
California.
5. Notice
Any notice hereunder shall conclusively be deemed to have been
given upon the date it is enclosed in a sealed envelope addressed to the party to
whom intended at the following address:
If to the CITY: City of Santa Ana
Chief Engineer
Attention• Utilities Agency
If to the DISTRICT: Garden Grove Sanitary District
Attention: President, Board of Directors
6. Termination
The term of this agreement shall commence upon approval and
execution of this document by both parties, and shall continue for so long as is
necessary to carry out the purposes of this agreement.
This agreement may be terminated or amended at any time by the
consent of both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers, duly authorized the provisions of which
Agreement are effective as of the date first above written.
ATTEST:
y 7"
City Clerk
APPROVED AS TO FORM:
By—Z
Attv-rne—y
--
APPROVED AS TO CONTENT:
By
City Manager
ATTEST:
B
Secretary
APPROVED AS TO FORM:
x
Bye ""(,/
1
CITY OF SANTA ANA,
A Municipal Corporation
By�_
Mayor
GARDEN GROVE SANITARY DISTRICT,
a Sanitary/t-i)strict
By
Chairman
EXHIBIT 'A'
win mmo1° CITY OF SANTA ANA BOUNDRY.
BOUNDRY OF AREA TRIBUTARY TO SNARED SEWERS.
ORANGE COUNTY SANITATION DIST. TRUNK SEWERS.
--- BOUNDRY OF AREA WITHIN CITY DETACHED FROM-i
GARDEN GROVE SANITARY DISTRICT.
SHARED SEWERS & DIAMETER TO BE MAINTAINED
BY CITY.
SHARED SEWERS & DIAMETER TO BE MAINTAINED
CITY
OF
SANT"A ANA
ORANGE COUNTY
CAOFORNIA
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.BY DISTRICT. �_--,--.
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EXHIBIT B
Sewer Located
Shared Sewer Location Diameter within
Marty - Lewis to Siemon 8" District
Marty - Lewis west to'City
Boundary
8"
Marty - City Boundary west
to Laird
8"
Marty - Siemon to Lewis
8"
Laird - Marty to Trask
10"
Trask - Laird to Fairview
10"
Cotter - Downie to Marty
8"
Marty _ Cotter to Fairview
8"
Fairview - Marty to Trask
8"
Westminster - Buena to Poxey
I0"
Westminster - Roxey to Clinton
12"
Westminster - Clinton to Harper
1.2"
Westminster..- Harper to Laurel.
1.2"
Westminster - Laurel to
Enterprise
12"
Westminster - Enterprise to
Nautilus
12"
Westminster - Nautilus to east
of Harbor
12"
Westminster - East of Harbor
to Harbor.
12"
Harbor - Westminster to Century
15"
Harbor - Century to Washington
15"
Harbor -'Washington to- Hazard
15"
- 1 -
Apportionment{1�
of Repair or
Replacement Cost
District Citv
0% 100%
District
44%
56%
City
44%
56%
District
0%
100%
City
31%
69%
City
28%
72%
City
67%
33%
City
75%
25%
City
75%
25%
District
0%
100%
District
37%
63%
City
48%
52%
City
42%
58%
City
44%
56%
City
48%
52%
city
51%
49%
City
54%
46%
City
39%
61%
City
36%
64%
City
25%
75%
F
Z
EXHIBIT B
Apportionment(l)
of Repair or
'
Sewer
Located
Replacement
Cost
Shared Sewer Location
Diameter
within
District ^
City
Harbor - Hazard to 5th
15"
City
23%
77%
Harbor - 5th'to lst
15"
City
22%
78%
Harbor - Edinger to City
Boundary
10"
District
0%
100%
Westminster - East of Newhope
101'
City
75%
25%
Westminster - East of Newhope
to Newhope
10"
City
74%
26%
Westminster - Newhope west to
City Boundary
10"
City
76%
24%
Westminster - City Boundary to
Parsons
10"
District
78%
22%
Westminster - Parsons west to
City Boundary
10"
District
79%
21%
Westminster - City Boundary
to Rosita
10"
City
79%
21%
Westminster - Rosita to
La Bonita
l0"
City
79%
21%
Westminster - La Bonita
' to Anita
10"
City
80%
20%
Westminster - Anita to Euclid
10"
City
92%
8%
Euclid - Westminster -to -Juarez
15"
City
91%
9%
Euclid -- Juarez to Hazard
15"
City
83%
17%
Euclid - Hazard to 5th
15"
City
67%
33%
Euclid - 5th to 1st
15"
City
62%
38%
Edinger - Harbor to 2280' east
of Newhope
12"
District
35%
65%
Edinger - 2280'•east to 1950'
east of Newhope
12"
District
36%
64%
- 2 -
EXHIBIT B
Apportionment�l�
of Repair or
Sewer
Located
Replacement
Cost
Shared
Sewer Location
Diameter
within
District
city
Edinger
- 1950' east to 1620'
east of Newhope
12"
District
37%
63%
Edinger
- 1620' east of Newhope
to City Boundary
12"
-District
39%
61%
Edinger
- City Boundary to
Newhope
12"
City
39%
61%
Edinger
- Harmon to Euclid
12"
City
33%
67%
M Apportionment based on ultimate average flows per report prepared
by Boyle Engineering Corporation for the City of Santa Ana entitled
"Addendum to the June 1979 Engineering Report Update on Sewerage
Facilities" dated July 27, 1984.
- 3 -
LEGEND-
i CITY OF SANTA ANA BOUNDRY,
r BOUNDRY OF AREA TRIBUTARY TO SHARED SEWERS.
ORANGE COUNTY SANITATION DIST. TRUNK SEWERS.
....r FUTURE PARALLEL SEWERS WITHIN DISTRICT.
MISFUTURE PARALLEL SEWERS WITHIN CITY.
jr FUTURE FLOW DIVERSION CONNECTION.
EXHIBIT 'C"
CITY
OF
SANTA A.NA
ORANGE COUNTY
CAU FORNIA
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