HomeMy WebLinkAboutC-2471 - Agreement for Collection of Sewer Connection Charges•
AGREEMENT FOR COLLECTION OF
SEWER CONNECTION CHARGES
THIS AGREEMENT is made and entered into this 12th day of September, 1984,
by and between:
AND
COUNTY SANITATION DISTRICT NO. 6 OF
ORANGE COUNTY, CALIFORNIA, hereinafter
referred to as "District",
CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as
"City".
..WITNESSEzTH :
WHEREAS, District has, by the enactment of Ordinance No. 606, 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. 606 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. 606, as
amended from time to time.
Section 2: District shall prescribe those classifications of charges to be
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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. 606, 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. 606, 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 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.
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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 legally 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 12th day of
September, 1984.
•
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
COUNTY SANITATION DISTRICT NO. 6 OF
ORANGE COUNTY, CALIFORNIA
1
\r))p) )C
JChairman
)Board of Directors
By
Secretary
Board of Directors
CITY OF NEWPORT BEACH,
corporation
By
APPI VED AS TO FORM:
1 4
Ey Attorney
CF9
Mayor
a municipal