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
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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.
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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
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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.
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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.
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