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HomeMy WebLinkAboutRDA Res 72-3 1972-05-22 I I ! -I ,. . . . RESOLUTION NUMBER 72-3 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING AND ENTERING INTO A CONSOLIDATION AGREEMENT BETWEEN SAID AGENCY, SANITATION DISTRICT NUMBER FOUR OF ORANGE COUNTY, SANITATION DISTRICT NUMBER THREE OF ORANGE COUNTY, AND THE CITY OF SEAL BEACH; AUTHORIZING AND DIRECT- ING THE CHAIRMAN AND THE EXECUTIVE DIRECTOR- SECRETARY OF SAID AGENCY TO EXECUTE SAID AGREEMENT ON BEHALF OF THE AGENCY; AND RECINDING RESOLUTION NUMBER 72-1. WHEREAS, it appears that public interests will be served by the consolidation of Sanitation District Number Four of Orange County and Sanitation District Number Three of Orange County; and WHEREAS, an agreement for the consolidation of Sanitation Districts Number Three and Four of Orange County has been prepared in which the City of Seal Beach and the Redevelopment Agency of the City of Seal Beach have undertaken certain duties and obligations; and WHEREAS, The Redevelopment Agency recognizes that said consolidation agreement and the public improvements to be provided pursuant to said agreement would benefit the Riverfront Redevelopment Project; and WHEREAS, the City Council of the city of Seal Beach approved said agreement on behalf of the city by Resolution Number 2l0l; and WHEREAS, the Board of Directors of Sanitation District Number Four of Orange County approved said agreement on behalf of the District by Resolution Number 72-2; NOW, THEREFORE, BE IT RESOLVED: Section 1. It is hereby determined that the Consolidation Agree- ment and the expenditures to be made by the Redevelopment Agency pursuant to said agreement will greatly benefit the Riverfront Redevelopment Project. Section 2. The Consolidation Agreement attached hereto as Exhibit "A" is hereby approved. Section 3. That the Chairman and the Executive Director-Secretary of the Redevelopment Agency are hereby authorized and directed to execute said Agreement. Section 4. That Resolution Number 72-1 of the Redevelopment Agency is hereby recinded. PASSED. City of May APPROVED, AND ADOPTED by the Redevelopment Agency Seal Beach at a meeting thereof held on the 22nd 1972, by the following vote!':- of the day of AYES: MEMBERS Barnes, Blackman, Holden, Sales, Smith NOES: MEMBERS None ABSENT: MEMBERS None t.0v~ ~d-~~/o Executive Director-Secretary ~E:~) Chairman I I I \) . . C~~7 CONSOJ,IDATION AGREEMENT THIS CONSOLIDATION AGREEl4ENT is made and entered into thiSl day of , 197/., by and among SANITATION DISTRICT NUMBER FOUR OF _ OR~NGE COUNrx, hereinafter referred to as ."District Number Four" and SANITATION DISTRICT NUMBER THREE OF ORANGE COUNTY" hereinafter referred to as "District. Number Thr!'!e" and 'THE CITY OF SEAL BEACH, CALIFORNIA,a charter city, hereinafter referred to as "city" and THe REDEVELOP~illNT AGENCY OF THE CITY OF' SEl\L B)!:ACH, hereil!aft!"r rf!ferred to as "Agency." RECI'l'hJ"S --- 1. WHEREAS, Districl: Number Four haR expressed its will ingncss to consolidate \-lith Distric.t Number Three as expressed in Resolut,i.on 'l2-l (Exhibit A), and 2. WHEREAS, District Number Three has expressed its willingness to consolidate \-lith District Number Four as expressed in its unanimous intent at its meeting of February 9, 1972, (Exhibit B), and 3. WHEREAS, City wishes to insure 1:he development with LYl the city of a sewage system meeting t.he highest technologicill st<lndurds and also to conform to the adopted Interim Basin Plan o[ the California Regional Water Quality Control Board, Santa hna Region, and 4. ~mEREAS, Agency \'lishes to improve the quality and capaci t:y of: sewagf! treatment and disposal within the project area of: said Agency through the consolidation of Distr ict Numbe~. 'rilree and District Number Four, and 5. WHEREAS, In accordance \-li.t.h Government Code Section 56000, et .seg., Districts Three and Four hereby agree to consolidate as set forth herein. Jhe E.urties :!:co tlli~ consolidution agreernen1:. hereby promise and <lgree a~ follows: A. _ The n<lrne of t:l1e consolidated district shall he "Sani.tation District Number 'J.'h:cee of Orange County." B. . The sC\'ler<lge system of nistrict Number Fonr shall be consolidated 1rlith Distri.ct Number Three at no expense to Dj.slrict Number Theee. I I 1 , . " CONSOLIDATION AGREEMENT Page Two C, upon the effective date of this consolidation, all of'the assets including but not limited to property tax'es rec'eivab'1". fronl the equalization 'of Orange County Assessor I s Tax Roll and the Stat'e Board of Equalization Tax Roll effective March 1, 1974, and all liabilities of District Number Four shall be- come the assets and liabilities of the consolidated 'district, and said consolidated district shall assume all of the' contractual obligations of ' 'District Number Four including but not' limited to those arising from or' incurred by virtue of the 'Joint Exercise of Powers Agr'eement between city and District Number Four creating the Seal Beach 'Administration Building Authority. D', The effective date of consolidation shall be July 1, 1974. E, That all unencumbered funds, including cash and receivables of District Number Four shall be trans- ferred to and become the property of District Number Three and shall reduce the consolidation fee as recited herein by an amount equal to that of said unencumbered funds, cash, and receivables existing as of June 30, 1974, F. That District Number Four shall pay District Nunilier Three all operating costs incurred by District Number Three in tceating and disposing of waste water from District Nunilier Four prior to July 1, 1974: such disposal costs are hereby r.tipulated and fixed at $30 per million gallons of was-te water. G. That District Number Four shall pay District Number Three an ronount equal to six per cent (6%) per annum of the consolidation fee from the date of recordation with the Secretary of Sta'te to the effective date of consolidation, July 1, 1974. H. That District Nwriber Three shall assume all costs of t,reatment of waste water from District Number Four from and after the effective date of consolidati.on. 1. The City is to terminate the lease of certain city hall facilities by Distric,t NU\1.\ber Four reciting an annu<'ll rent of $2,500 upon the effective date of consolidation; and to hold District Number Three harmless from any liability resulting from the ass\unption of the obligations of District Nu.~ber Four as to the Joint Exercise of Powers 1\greement. I I I . . CONSOLIDATION AGREEMENT Page Three That the sew"'ge facilities necessary to integrate the systems of District Numbers Three and Four shall be cOllstru(;ted and paid for from funds 'of, ,: District Number- Four and the funds provided in Federal Grant Number C-06-0632 (formerly WPC-Cal-632). K. The Agency agrees to pay to the Consolidated District ,the consolidation fee in the sum of $394,190., pay- able in five, equal, annual payment.s of $78,838., beginning July 1, 1974. J. , , L. .'rhe rights, duties, and obligations of each of the parties to this agreement are conditioned upon the city of Seal Beach receiving Federal Grant Number C-06-0632 (formerly WPC-Cal-632) in an amount sufficient to provide Distr5,ct Number Four with 'approximately eighty per cent (80%) of the eligible costs as set fort,h in the application and other grant documents, and are to be of no further force or effect in the event such grant is not received. THIS AGREEME~~ is executed in four (4) parts; each is hereby declared to be an original; all, however, shall constitute but one and the sante agreement. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals with all the formalities required by law. CITY OF SEAL BEACH By Mayor SANITATION DISTRICT NUMBER FOUR OF ORl\NGE COUl~rY City l'1anager APPROVED AS TO FORM: By Chairman City Attorney General Manager SANITATION DISTRICT NUMBER ,THREE OF ORANGE COUNTY By~0~ ~~... l- THE REDl~VELOPMEN'r 1'.GENCY OJ? Chairman f'"~ ::~,7J~:;Lr~~~~~_ Chairman General 1-1anager Execut i ve Direc to:.: --Secretary I I 1 , . RESOLUTION NUMBER n-l , ' 11. RESOl,UTION OF 'THE BOI,RD OF DIRECTORS OF SANI- TATION DISTRICT NUMBER Foun OR ORANGE COUNTY AUTHORIZING THE CONSOLIDATION OF SANITATION DISTRICT NUMBER FOUR WITH SANI~'J\.'rION DISTRICT NUMBER THREE; AUTHORIZING THE CR~IRr~~I 1I.ND THE MANAGER OF, SANITATION pISTRICT ~UMBER FOUR TO MAKE APPLICATION TO TH~ LOCAL AG.ENCY FOR~~,~rON COMjVjISSION 9F ORANG]!: COUNTY; AND AUTHORIZING THE CHAIRMA~ AND THE MANAGER OF DISTRICT FOqR TO EXECUTE AN AGREEMENT WITH SANITATION DISTRICT NUVillER THREE FOR CON~OLIDATION OF DISTRICTS THREE !\}."]) FOUR. WHEREAS, Sanitation District Number, FOIJr of OrC!n~e County was formed September 6, 1966, under uuthority of Section 3700 et seq of the Health and Safety code of the State of California; and , ' WHEREAS, The Board of Directors of S?nitation District Number Four of Orange County has determined that it is in the best interest of the Dist:rict to request '-consolidation of said District wi.th Sanitation ~istrict Number Three of Orange County; and WHEREAS, Such consolidation is in accordnnce with.Section 5626.1 of the Government Code of the State of Califo~nia; and WHEREAS, Sanitation District Number Three, by Resolution 72-6-3, passed on the 12th day of January, 1972, established policies and procedures in connection with consolidation of District Number Four with District Number Three; and WHEREAS, District Number Four finds the policies and procedures as set out in Sanitat:ion District Numbe1:' Three' s Resolution Number 72-6-3 to be acceptable, the Board of Directors of Sanitation District Number Four resolves as follovls' 1. 'l.'he name of the consolidated district: shnll he sanitation District Numbar 'J'hree of Orange County. 2. The sewerage system of District Number Four shall be consolidRted with District: NumbEJr Three at no expense to District Numper Three, 3. Upon the effective dute of' this consolidation, all 0:[ the assets and liabilities of Dis,trict ~Iuml'er Four shall become the assets and 1 i.abilities of the consolidated district, and said consolidated district shall assume all'of the contract.ual obli- gati,ons of District N\.lml)er Four including but not lunited to the Joint Exerc:ise of Powers Aq1:'eement between the city o{ Seal Beach and District Number Four creuting the Seal Beach Administration Build- ing Authority. I I - 1 . , . . Resolution Number 72-1 -2- 4. That consolidation of Distri cts 'rhree and Four shall ,be effec,tive July 1, 19'/4. . , 5. That all unencumbered funds, including cash and receivables of District Number Four shall be transferred to and become a part of District Number Three and shall reduce the consolidation fee by an amount equal to said unencumbered funds and cash' and receivables e.xisting as of June 30, 1974. _ " 6. District Nu~ber Four shall pay District Number Three all, operating costs incurred by District Number Three in treating and disposing of waste water from District Number Four until July 1, 1974. Disposal costs are h~reby fixed,at $30 per million gallons of waste w~ter., 7. To pay District Number Three an. amount equal to six per cent (6%) per annum of consolidation fee from the date of recordation of said consolidation with the Secretary of State to the effective of consolida- tion, July 1, 1974. NOW, THEREFORE, the Board of Directors of Sanitation Diotrict Number Four of Orange County hereby resolves to enter into an ug:ceemenL "lith Sanitation District Number Three for the consoli- dation of Sanitation District Number F'C\ur with Sanitation Dis'cr ic1: Number Three; and .~ - FURTHER RESOLVES that the Chairman and the Manager of Sanitation .. ~ "Distri.ct Number Four are hereby authorized to make application to the Local Agency Formation commissi.on for the consolidation of Sanitation District Number Three and Sanitation District Num-. ber Four; and further the Chah"man and the 1-1ill1ager of Sanitation District Number Four are authorized to execute said agreement. PASSED, APPROVED, AND ADOPTED by the Board of Direcl:ors of Sani- tation District Number Four of O:r:ange County (It a meeting the1:'Gof held on the day of , 1972, by the followiny vote: -- AYES: Directors NOES: Directors ABSEN'r: Directors Chairman ATTEST: 1:iecretary I .1 .. . ..11 - , , ~ -" COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA - - -- ..-". ~......... TELEPHONES: AREA CeDE. '1101. 540-2910 962 -2411 - .---- --- p, 0, BOX B127. FOUNTAIN VALLEY. CALIFORI~IA 92708 10844 ELLIS AVENUE (EUCLID' OFF-RAMP, !lAN'DIEGO I"REEWAY) ; February 11, 1972 Board of Directors County Sanitation District No, 4 City Hall, 211 Eighth Street P. O. Box 2628 Seal Beach, California " Re: Seal Beach Interceptor Project and Consolidation - Agreement between County Sanitation Districts Nos, 3 and 4 - -- -- - - - -~ ---- -. - - ..- Pursuant to action ta,ken by the Board of Directors of COunty Sanitation District No~ 3~:un,~anuary a2, 1972, it is the intent of that body"to~ enter into a Consolidation Agreement with County Sanitation District No. lj, to conform to the adopted Interim Bas1n Plan of t.he California-Regional Water Qua11t.y Control Board, Santa Ana Region. This consolidation of Dist,dct No.4 j.nto District No. 3 ~rlll be accom- plished in accordance ~[j,th the poliCies and procedures for annexation to County Sanitation District No. 3 as provided in Resolution No. ~(2-6-3 enclosed. ~d tF. ~-v- Fred A. Harper \J General Manager ., FAH:j Enclosure cc: t~, George Gribkoff, State Water Rcsources Control Board Envirolcmental Protection Agency San FTa..rlcisco Mayor H. K. Holden, City of Seal Beach Chief Engineer EXHIDI~' "n" . r--- -.