HomeMy WebLinkAboutC-2439 - Agreement for Collection of Sewer Connection Charges•
AGREEMENT FOR COLLECTION OF
SEWER CONNECTION CHARGES
THIS AGREEMENT is made and entered into this 14th day of
March , 1984, by and between:
AND
COUNTY SANITATION DISTRICT NO. 7 OF
ORANGE COUNTY, CALIFORNIA, hereinafter
referred to as "District",
CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as
"City".
WITNESSETH
WHEREAS, District has, by the enactment of Ordinance No.
719, established a schedule of sewer connection charges; and
WHEREAS, a portion of the territory of the District is
within the city limits 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. 719 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 collect the charges established by District
under said Ordinance No. 719, as amended from time to time.
Section 2: District shall prescribe those classifications
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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. 719, 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. 719, 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 (5%) percent 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 (5%) percent 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 agreed to be collected by it for District, City shall
notify District of the problem and District shall take over the
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• 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 liable 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 years 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.
Section 13: This Agreement shall become effective on the
14th day of March , 1984.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
APPROVED AS TO FORM
A4:472u
AS L. WOODRUFF
;;:Vr;iAl. COUNSEL
APPROVED AS TO FORM:
COUNTY SANITATION DISTRICT NO. 7 OF
ORANGE COUNTY, CALIFORNIA
By
Chairman, Board�6f Directors
By
Secretary, Bard of Directors
Thomas L. Woodruff, General Counsel
ATT,
City Clerk
CITY OF NEWPORT BEACH, a municipal
corpor tion
By
xi/a
•' 0 D AS
4t ` ,
1
City Attorney
02/17/84
1 . PJ
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