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HomeMy WebLinkAboutC-1315 - Collection Agreement of Sewer Connection Charges�1� O $ TELEPHONES: COUNTY SANITATION DISTRICTS AREA CODE 71 OF ORANGE COUNTY, CALIFORNIA 962-2 94'11 P. O. BOX 8127. FOUNTAIN VALLEY, CALIFORNIA 92708 1OB44 ELL-IS AVENUE (EUCLID OFF -RAMP, SAN DIEGO FREEWAY) June 8, 1976 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: Doris George, City Clerk Subject: Standard Agreement for Collection of Sewer Connection Charges Enclosed herewith please find one fully- executed copy of subject agreement for your files. lvester Finance Secretary JWS:rb Enclosure ;_tY< \111 00 4 STANDARD AGREEMENT FOR COLLECTION O' SEWER CONNECTION CHARGES THIS .AGREEMENT, made and entered into this 1st day of July, 1976, by and between the City of Newport React-,, a municipal corp- oration, hereinafter called "City ", and the County Sanitation District No. 5 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. 509 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. 509 of the District be collected in a manner most e_spediert and least. 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 iinu t. .ts of City by District from the funds to be collected from said seaJer 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 Ordinancc No. 509, as amended from time to time. 2. Distract 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 r:,onies so collected, except as provided in Section 6 hereof. 4. Procedures mutually agreeable to City and District shall be established for collection and remittance of said fees. 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. 509, 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. 509, 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 the balance remitted to District pursuant,to Seotion.3'herein. 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 current legal right or basis as distinguished from crank -type or ill- founded disagreements. 8. City shall not be liable to 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. 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. 10. 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- P. i xg 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. 12. This agreement -may be:.:�ermined.�sy:� 'q:;svr�g -80 _W1-1Partq6 ,c eai;g at g: rwination wises dtttiit he firsti[€ 13. That certain agreement dated September 15, 1972, between the parties hereto is hereby terminated as of the effective date of this agreement. 14. This agreement shall become effective on the 1st day of July, 1976. (SEAL) CITY OF NEWPORT BEACH, a mun'cipal corporation By Mayor By _2 City Clerk CITY (SEAL) COUNTY SANITATION DISTRICT NO. 5 of Orange County, California, a public corporation By By RESOLUTION NO. 8781 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT RE COLLECTION OF SEWER CONNECTION CHARGES FOR COUNTY SANITATION DISTRICT NO. 5, AND REPEALING RESOLUTION NO. 7822 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain amendment to an agreement between the City of Newport Beach and County Sani- tation District No. 5 of Orange County regarding collection of sewer connection charges; and WHEREAS, the City Council has reviewed the terms and conditions of said amendment and finds them to be satis- factory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said amendment to agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. BE IT FURTHER RESOLVED that Resolution No. 7822 is hereby repealed. ADOPTED this 24th day of Mayor ATTEST: City Clerk 1976. DDO /bc 5/18/76 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE October 6, 1972 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1316A Description of Contract Amendment to Agreement for Oollecticn of $ewer Authorized by Resolution No. 7822 , adopted on September 26, 1972 Effective date of Contract October 1, 1972 Contract with County Sanitation District No. 6 Address P. 0. Box 8127, Famtain Valley, CA 92708 Amount of Contract see oontrect ity� 0 0 AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES THIS AGREEMENT, made and entered into this 15th day of September, 1972, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter called "City ", and COUNTY SANITATION DISTRICT NO. 5 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. 505, as amended, 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. 505, as amended, 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 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. 505, as amended. 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. 4. 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 collect- ing the sewer connection charges established under Ordinance No. 505, f 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. 505, as amended, except as expressly set forth in this Agreement. 5• City agrees to act as agent for District as herein provided for a fee equal to 5.0 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 upon receipt of itemized invoice from City. 6. It is agreed that at the request of either party hereto renegotiation of this agreement shall be undertaken two years from -the effective date hereof. 7. 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. 8. That certain agreement dated September 1, 1970, between the parties hereto is hereby terminated as of .the effective date of this agreement. 9. This agreement shall become effective on the lst day of October, 1972. CITY OF NEWPORT BEACH, a municipal corporation mayor City Cler CITY COUNTY SANITATION DISTRICT NO. 5, of Orange County, California, a public corporation -2- DISTRICT 1, RESOLUTION NO. 7 8 2 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT RE COLLECTION OF OF SEWER CONNECTION CHARGES FOR COUNTY SANITATION DISTRICT NO. 5 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain amendment to an agreement between the City of Newport Beach and County Sanitation District No. 5 of Orange County regarding collection of sewer connection charges; and WHEREAS, the. City Council has considered the terms and conditions of said amendment to agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED by the.City Council of the City of Newport Beach that said amendment to agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED thia 25th day of September, 1972. ATTEST: City Clerk ii Mayor DON:mh 9/20/72 Lm:l TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 3239 Description of Contract 04, Authorized by Resolution No. . 7275 adopted on 2-14•70 Effective date of Contract SWbuber 15, 1970 Contract with — Omp cmmty Sanitation r"triat No. I Address P. 0. Boat 0127 Pbvxatain VA11W, CA 92708 Amount of Contract see omtmm 4�SL,g A, V - -City Clerk - U cas city AnmT*y to M 165 PIEA.SE ssr -!f VN D AGREEMENT FOR COLLECTION OF 1-2660 SEWER CONNECTION CHARGES -THIS AGREEMENT, made and entered into this 15th day of .September, 1970, by and between the City of Newport Beach, a .— municipal corporation, hereinafter called "City ", and County - Sanitation District No. 5 of Orange County, hereinafter called "District ", W I T N E S S E T H: WHEREAS, District has by the enactment of Ordinance No. 502, as amended, established a schedule of sewer connection charges; and WHEREAS, all 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. 502, as amended, 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 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. 502, as amended. 2. City will account for the charges collected and remit to District monthly the monies so collected. ft ft 165 3. 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. 502, 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. 502, as amended, except as expressly set forth in this Agreement. 4. City agrees to act as agent for District as herein r provided for the fees enumerated herein below for each District connection permit issued by the City under the provisions of said Ordinance No. 502, as amended, and District agrees to pay said fee. Said fee shall be invoiced monthly to the District by City. 1 a. Minimum fee for each connection permit - $4.00 b. For each dwelling unit for which a flat District connection fee is payable - $4.00 c. For each connection permit for which a unit fee for each plumbing fixture is payable - ,$4.00 for each 20 plumbing fixture units or major portion thereof 5. 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. 6. That certain agreement effective April 1, 1966, between the parties hereto is hereby terminated as of the effective date of this agreement. 7. This agreement may be terminated by either party giving 90 day written notice to the other party designating a termination date, which date shall be the first day of a calendar month. -2- 0 00 k 165 I 8. This agreement shall become effective September 1, 1970. (SEAL) CITY OF NEWPORT BEACH a municipal corporation By Mayor By T-CT`erk (SEAL) COUNTY SANITATION- b1ST-RICT--3O`-:--,5, of Orange County.- 6ali dFrni d; a public corporati 0 � XI, t yll By Chairmen, BoaLrS,6f--Direj2tors A�r 7ji A 0 -3- t ,/)Board or Direc S. _ 165 RESOLUTION N0. ° 7275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES WHEREAS, the City of Newport Beach and County Sanitation District No. 5 of Orange County are parties to an agreement effective April 1, 1966, under which the City has been acting as agent for the District for the purpose of issuing permits and determining and collecting sewer connection charges established under Ordinance No. 502 of the District, as amended, for a fee equal to $4.00 for each such permit issued; and WHEREAS, there has been presented to the City Council a new agreement to become effective September 1, 1970, with substantially the same provisions as the existing agreement with the District, except that the fee to be paid to the City would be equal to $4.00 for each dwelling unit for which a flat District connection fee is payable, and $4.00 for each twenty plumbing fixture units or major portion thereof for each permit for which a unit fee for each plumbing fixture unit is payable; and WHEREAS, such new agreement further terminates the present agreement as of its effective date of September 1, 1970; and WHEREAS, the City Council has considered the terms and condi- tions of said agreement and determined that it would be to the mutual advantage of the parties and in the public interest for the City to enter into the same; NOW, THEREFORE, BE IT RESOLVED that said Agreement for Col- lection of Sewer Charges be approved and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. -1- ATTEST: City CleTk ADOPTED this 14th day of September , 1970. - 2 - yor 1b5 4