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/' STAND. AGREEMENT. FOR COLLECTIO•F
SEWER CONNECTION CHARGES
IIS AGREEMENT, made and entered into this Al day of
iii !,. i „ , 1973, by and between the City of SEAL BEACH
a municipal corporation, hereinafter called "City ", and County
Sanitation District No. 3 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. 303
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. 303
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 main-
tenance 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 District under said Ordinance
No. 303 , as amended from time to time.
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, 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.
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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. 303 , 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. 303 , 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 Section 3 herein.
7. 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.
8 . . 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.'
9. This agreement shall become effective on the 1st day of
October , 1973.
CITY OF SEAL BEACH
(SEAL) a municipal corporation
By delitlIL�e �� ✓u �.
Mayor
l ig!
B y /� / ,e,11
/ City Clerk
CITY
COUNTY SANITATION DISTRICT NO. 3
(SEAL) of Orange Co.nty, California,
a public c• *oration
By %; //'
Chai maw -, i ':: and f D''rec ,or,
BY / //Aer ✓
2 p,OtarvrEcT7of Directors
-2-
n
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SUPPLEMENT TO AGREEMENT FOR COLLECTION OF
SEWER CONNECTION CHARGES
.1. That certain agreement entitled "Standard Agreement
for Collection of Sewer Connection Charges" dated �,� �.,.,4c� /D, /773
by and between the City of SEAL BEACH , hereinafter
called "City ",and County Sanitation District No. 3 , hereinafter
called "District ", is hereby supplemented and amended by the
addition thereto of the following agreements:
a). If the City is presented with a dispute as to
the validity, reasonableness, enforcibility, or
applicability of the charges agreed to be collected
by it for the District, the City shall notify the
District of the problem and the 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. .
b) The City shall not be liable to the 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. .
• c) District hereby agrees to hold City free and
harmless of any and all liability that might arise
if any such fees collected by the City shall be
determined to have been illegally collected.
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d) 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. Except as herein supplemented and amended, that •
certain agreement hereinabove referred to in Paragraph 1 above is
hereby ratified and confirmed.
DATED August 8, 1973.
COUNTY SANITATION .DISTRICT NO. 3 •
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} By I •
Cha ' �m".T ,/ 'oar of Dir•ect•rs
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BY / / /Lk /Ar.
,Se c -re ; y, .c. ' d of Directors •
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(CITY)
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BY .� /1/i) /..e.,.. Lam. 40P
. Mayor
City Clerk
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SUPPLEMENT TO AGREEMENT FOR COLLECTION OF
SEWER CONNECTION CHARGES •
.1. That certain agreement entitled "Standard Agreement
for Collection of Sewer Connection Charges" dated; A,,4,i/p
by and between the City of SEAL BEACH , hereinafter
called "City ",and County Sanitation District No. 3 , hereinafter
called "District ", is hereby supplemented and amended by the
addition thereto of the following agreements:
a) If the City is presented with a dispute as to
the validity, reasonableness, enforcibility, or
applicability of the charges agreed to be collected
by it for the District, the City shall notify the
District of the problem and the 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.
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b) The City shall not be liable to the 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.
c) District hereby agrees to hold City free and
harmless of any and all liability that might arise
if any such fees collected by the City shall be
determined to.have been illegally collected.
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CONSOLIDATION AGREEMENT Page Two
C. Upon the effective date of this consolidation, all of
the assets including but not limited to property taxes
receivable from the equ..:al _zation 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 S2, 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 5394,190. , payable
in five, equal, annual payments of S78,838. , beginning
July 1, 1974.
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d) 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. Except as herein supplemented and amended, that
certain agreement hereinabove referred to in Paragraph 1 above is
hereby ratified and confirmed.
DATED August 8, 1973. •
COUNTY SANITATION DISTRICT NO. 3
f
By ;` 1
Cha "m:1 ,i :oarrof Direct•rs
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BY /
Seeclre j y, 7'd of Directors
(CITY)
B Y '�17
. , Mayor
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• By .2:ej�..)
City Clerk
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