HomeMy WebLinkAboutCC Res 2101 1972-05-08
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RESOLUTION NUMBER 2101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING AN AGREEMENT FOR CONSOLIDA-
TION OF SANITATION DISTRICT NUMBER FOUR OF ORANGE
COUNTY WITH SANITATION DISTRICT NUMBER THREE OF
ORANGE COUNTY: AUTHORIZING THE INITIATION OF
PROCEEDINGS TO EFFECT SUCH CONSOLIDATION: AND
RECINDING RESOLUTION NUMBER 2071.
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 said consolidation will conform to the Interim Basin Plan
of the California Regional Water Quality Control Board, Santa Ana
Region: 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:
NOW, THEREFORE, BE IT RESOLVED:
Section 1. That the Mayor and the city Manager be and they are
hereby authorized and directed to execute on behalf of the City of
Seal Beach that certain "Consolidation Agreement", dated May 10, 1972,
by and between Sanitation District Three and Sanitation District Four
of Orange County, the city of Seal Beach, California, a charter city,
and the Redevelopment Agency of the city of Seal Beach, a copy of
which is attached hereto and made a part hereof.
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Section 2. That the City Manager of the city of Seal Beach is
authorized and directed to perform all necessary acts to initiate
and complete said consolidation in order to make July 1, 1974, the
effective date of said consolidation.
Section 3. That the name of the new consolidated district shall be
County Sanitation District Number Three of Orange County, and said
district will be located in Orange county, California.
Section 4. That preliminary proceedings be commenced under the
provisions of Government Code 56261.1.
Section 5. . Resolution Number 2071 is hereby recinded.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Seal Beach at a meeting thereof held on the 8th day of May, 1972, by
the following vote: ,,/ / /
AYES: councilme~, cM~---, d,:'/1.e'~ ~,.~, d..,,-r~
NOES: Councilme~ _
ABSENT: Councilmen' /~
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If /(, iLtr1.t~
Mayor
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Resolution Number
CONSOLIDATION AGREEMENT
THIS CONSOLIDA'fION AGREEMENT is made and entered into this _ lOt!:!-
day of M"y , 19'(2, by and among
SANITATION DISTRICT NUMBER FOUR OF
ORANGE COUNTY, hereinafter referred
to as "District Number Four"
and
SANITATION'DISTRICT NUMBER THREE OF
ORANGE COUNTY, hereinafter referred
to as "District Number Three"
and
THE CITY OF SEAL BEACH, CALIFORNIA, a
charter city, hereinafter referred to
as "City"
and
THE REDEVELOPtA.ENT AGENCY OF THE CITY
OF SEAL BEACH, hereinafter referred
to as "Agency."
RECITALS
1. WHEREAS, District Number Four has expressed its willingness
to consolidate with District Number Three as expressed in
Resolution 72-1 (Exhibit A), and
2.
WHEREAS, District Number Three has expressed its willingness
to consolidate with District Number Four as expressed in its
unanimous intent at its meeting qf May 10, 1972, (Exhibit B),
and
3. WHEREAS, City wishes to insure the development within the City
of a sewage system meeting the highest technological standards
and also to conform to the adopted Interim Basin Plan of the
California Regional Water Quality Control Board, Santa Ana
Region, and
4. ' WHEREAS, Agency wishes to improve the quality and capacity of
sewage treatment and disposal within the proje~t area of said
Agency through the consolidation of District Number Three and
District Number Four, and
5. WHEREAS, In accordance with Government Code Section 56000, et
seq., Districts Three and Four hereby agree to consolidate as
set forth herein.
~ parties to this consolidation agreement hereby promise and
agree ~ follows:
A. The name of the consolidated district shall be
"Sanitation District Number Three of Orange County."
B. The sewerage system of District Number Four Ehall be
consolidated with District Number Three at no expense
to District Number Three.
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EXHIBIT liE"
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Resolution Number
CONSOLIDATI{)N AGREEMENT
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Page Two
C. Upon the effective date of this consolidation, all of
the assets including but not limited to property taxes
receivable from the equalization of Orange County
Assessor's Tax Roll and the State Board of Equalization
Tax Roll effective March 1, 1974, and all liabilities
of District Number Four shall become 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 Agreement 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. District Number Four represents and agrees that all its
sewerage facilities will be transferred and conveyed to
the City of Seal Beach prior to the effective date of
consolidation.
F. That all unencumbered funds, including cash and receivables
of District Number Four shall be transferred 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.'
G. That District Number 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 prior to July 1, 1974. ,
H. That District Number Three shall assume all costs of
treatment of waste water from District Number Four from
and after the effective date of consolidation.
I. The City is to terminate the lease of certain city hall
facilities by District Number Four reciting an annual
rent of $2,500 upon the effective date of consolidation;
and to hold District Number Three harmless from any
liability resulting from the assumption of the obligations
of District Number Four 'as to the Joint Exercise of
Powers Agreement.
J. That the sewage facilities necessary to integrate the
systems of District Numbers Three and Four shall be
constructed 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., payable
in five, equal, annual payments of $78,838., beginning
July 1, 1974.
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CONSOLIDATION AGREEMENT
Resolution Number
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Page Three
L. District Number Four shall, after the date of this
agreement, have the right to discharge its waste water
into the sewerage facilities of District Number Three
for treatment and disposal by District Number Three and
commencing with the date of such discharge by District
Number Four, District Number Four shall pay District
Number Three an amount equal to six per cent (6%) per
annum of the consolidation fee until the effective date
of consolidation of July l" 1974 in addition to the costs
provided for in Section "G' above.
M. The 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 District
Number Four with approxima.tely eighty per cent (80%) of
the eligible costs as set forth 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 AGREEMENT is executed in four (4) parts; each is hereby declared
to be an original; all, however, shall constitute but one and the
same agreement.
IN WITNESS WHEREOF, the parties hereto pave affixed their hands and
seals with all the formalities required by law.
CITY ~EAL BEACH
By {;jv-U.f~
Maw :~ /J
~~d2<!("~
City Manager
APPROVED AS TO FORM:
~ -::j; fA}' /.~ p-p?JJr
City Attorney "t
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THE REDEVELOPMENT AGENCY OF
THE CITY OF SEAL BEACH
B~;?P ~~~>
Chairman /1 /..;
~~-t.~CUt'~
ExecutiveTI~rector-secreta.ry
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SANITATION DISTRICT ~IBER
FOUR OF ORANGE COUNTY
B~P~~
~4~u~t:Uc~
~ General Manager
SANITATION DISTRICT Nm~BER
THREE OF ORANGE COUNTY
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