HomeMy WebLinkAboutAGMT - Orange County Sanitation District (Sewer Treatment Plant) A G R E E M E N T
THIS AGREEMENT made and entered into this 9� day of �� i , 1 973 by
and between
the CITY OF SEAL BEACH, CALIFORNIA,
a Charter City and a municipal
corporation hereinafter referred
to as "CITY"
and
SANITATION DISTRICT NUMBER FOUR OF
ORANGE COUNTY hereinafter referred .
to as "DISTRICT "
pursuant to Resolution N m eroZ22 /, -- r `
adopted by City on the day of QJaz( , 19�73 nd Resolution
- Number 73 -2 adopted by istrict on the 9g /day of o/7� � 1973.
WHEREAS, the District does not own or operate sewer treatment facilities; and
WHEREAS, the City owns and is capable of operating a sewer treatment facility
with a capacity of approximately 1.5 million gallons per day; and
WHEREAS, the District desires to enter into an agreement with the City whereby
City performs the maintenance and operation of a sewer treatment
plant serving only the area encompassed by the District;
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
it is hereby mutually agreed by and between -the parties hereto as follows:
Section 1. City shall provide a sewer treatment facility with an estimated
rated capacity of approximately 1,500,000 gallons per:day. •
Section 2. City shall operate said facility in a reasonable and prudent
manner, following the same operational; policies that were followed by the
City in prior years. -
Section 3. City shall have exclusive administrative control over the operation
and maintenance of the sewer treatment faci.l.ity operating personnel.
Section 4 Personnel operating or maintaining the sewer treatment facility
shall not be deemed employees of the District,
Section .5. City shall keep proper accounting records indicating the cost of
operating the sewer treatment facility. Costs of operation shall include the
salaries plus payroll burden for all personnel assigned directly: to the plant,
a pro-ration of salaries and payroll burden for supervisorial personnel,
materials, supplies, contracts for services and equipment items,`a pro- ration
of City costs of providing accounting, purchasing personnel and other centralized
supporting services, and all consulting engineering fees "incurred on behalf of
the the treatment plant.
Section 6. District shall pay to the City the operational cost of the plant
for the term of this contract as defined in Paragraph 5 herein upon demand
- .of the City.
Section 7. District shall pay to City the sum of $1.00 for use of the sewer
treatment facilities existing as of July 1, 1973. '
Section 8: District shall pay to the City the cost of all improvements,
engineering costs for improvements to the sewer treatment 'plant which are
incurred or for which contracts have been entered into during the term of
this agreement, provided said contracts have prior approval of the District.
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Agreement • Page Two
;Section 9. District. Shall. pay to City all other costs incurred by City on
behalf of District when such are approved by District and shall repay to City
any and all other funds that may from time to time be advanced to District
for District Board of Directors expense, general management expense and
attorney fees.
Section 10. District shall file with City. a liability insurance policy,
naming..the City, as an `•added;insured, in the minimum amounts of $300,000/
$500,000 public liability and $100,000 property damage. .• If the District
does not secure such an insurance policy, City shall have the right to
secure such a policy on behalf of the District and consider the cost of
such policy to be an operational cost.
Section 11. City shall not be obligated to accept sewage flows beyond the
operational capacity . of the sewer treatment facility as the plant existed
on July. 1, 1967, or as it may thereafter be improved.
Section 12. The term of this Agreement shall. commence on July.1, 1973, and
shall terminate - at:Midnight on June 30, 1974.
SANITATION DISTRICT NUMBER FOUR OF ORANGE COUNTY
By e -� �' i �^ 'rP!^147 b , Date / —
Chairman
r
CITY OF SEAL BEACH
7
r
Date
City Manager
•
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•
•
•
A G R E E M E N T
Ct
THIS AGREEMENT made and entered into this /day of July, 1972, by
and between the CITY OF SEAL BEACH, CALIFORNIA, a charter City and
a municipal corporation hereinafter called "CITY" and SANITATION
DISTRICT NUMBER FOUR OF ORANGE COUNTY hereinafter called "DISTRICT"
pursuant to Resolution Number , adopted by City on the
10th day of July, 1172, and Resolution Number 72 -3, adopted by
District on the / =day of July, 1972.
WHEREAS, The District was formed on September 6, 1966, to provide
services as authorized in Section 4700 et seq of the State of
California Health and Safety Code; and
WHEREAS, The District does not own or operate sewer treatment
facilities; and
WHEREAS, The City owns and is capable of operating a sewer treat-
ment facility with a capacity of approximately 1,5 Million Gallons
per day; and
WHEREAS, The District desires to enter into an agreement with the
City whereby City performs the maintenance and operation of a sewer
treatment plant serving only the area encompassed by the District;
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, it is hereby mutually agreed by and between the parties
hereto as follows:
Section 1. City shall provide a sewer treatment facility with an
estimated rated capacity of approximately 1,500,000 gallons per
day.
Section 2. City shall operate said facility in a reasonable and
prudent manner following the same operational policies that were
followed by the City in prior years.
Section 3. City shall have exclusive administrative control over
the operation and maintenance of the sewer treatment facility and
the operating personnel.
Section 4. Personnel operating or maintaining the sewer treatment
facility shall not be deemed employees of the District.
Section 5. City shall keep proper accounting records indicating
the cost of operating the sewer treatment facility. Costs of
operation shall include the salaries plus payroll burden for all
personnel assigned directly to the plant, a pro- ration of salaries
and payroll burden for supervisorial personnel, materials, supplies,
contracts for services and equipment items, a pro- ration of city
costs of providing accounting, purchasing personnel, and other
centralized supporting services, and all consulting engineering
fees incurred on behalf of the treatment plant.
Section 6. District shall pay to the City the operational cost
of the plant for the term of this contract as defined in Paragraph
5 herein upon demand of the City.
Section 7. District shall pay to City the sum of $1,00 for use
of the sewer treatment facilities existing as of July 1, 1972.
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AGREEMENT 2!
Section 8. District shall pay to the City the cost of all improve-
ments, engineering costs for improvements to the sewer treatment
plant which are incurred. or for which contracts have been entered
into during the term of this agreement, provided said contracts
have prior approval of the District.
Section 9. District shall pay to City all other costs incurred
• - -by City on behalf of District when such are approved by District
and shall repay to City any and all other funds that may from
time to time be advanced to District for District Board of •
Directors expense, general management expense and attorney fees.
Section 10. District shall file with City a liability insurance
policy, naming the City as an added insured, in the minimum amounts
of $300,000/$500,000 public liability and $100,000 property damage.
If the District does not secure such an insurance policy City shall
have the right to secure such a policy on behalf of the District
and consider the cost of such policy to be an operational cost.
Section 11. City shall not be obligated to accept sewage flows
beyond the operational capacity of the sewer treatment facility
as the plant existed on July 1, 1967, or as it may thereafter be
improved.
Section 12. The term of this Agreement shall commence on July 1,
1972, and shall terminate at Midnight on June 30, 1973.
• SANITATION DISTRICT FOUR OF
ORANGE COUNTY
•
Date 415 ��� /d, /7 By cbLaj
' Chairman
•
CITY OF SEAL BEACH
•
0
Date I / - " By
�° " �
J� City Manager
•
• •
A G R E E M E N T
THIS AGREEMENT made and entered into this /7 day of June, 1968, by
and between the CITY OF SEAL BEACH, CALIFORNI , a charter city and a
municipal corporation, hereinafter called "CITY" and SANITATION
DISTRICT NUMBER FOUR OF ORANGE COUNTY, hereinafter called "DISTRICT"
pursuant to Resolution Number //083 adopted by City on the 17th day
of June, 1968 , and Resolution Number e i-/ adopted by the District
on the 17th day of June, 1968 .
WHEREAS , The District was formed on September 6, 1966, to provide
services as authorized in Section 4700 et seq of the State of California
Health and Safety Code; and
WHEREAS , The District does not own or operate sewer treatment facili-
ties ; and
WHEREAS, The City owns and is capable of operating a sewer treatment
facility with a capacity of approximately 1,000, 000 gallons per day;
and
WHEREAS , The District desires to enter into an agreement with the City
whereby City performs the maintenance and operation of a sewer treat-
ment plant serving only the area encompassed by the District;
NOW, THEREFORE, in consideration of the mutual covenants herein con-
tained, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto
as follows :
1. City shall provide a sewer treatment facility with an
estimated rated capacity of approximately 1,000, 000
gallons per day.
2 . City shall operate said facility in a reasonable and
prudent manner following the same operational policies
that were followed by the City in prior years .
3. City shall have exclusive administrative control over
the operation'.and• maintenance of the sewer treatment
facility and the operaeing personnel. •
4. Personnel operating or maintaining the .sewer treat-
ment facility shall not be deemed employees of the District.
5 . City shall keep proper accounting records indicating
the cost of operating the sewer treatment facility. Costs
of operation shall include the salaries plus payroll burden
for all personnel assigned directly to the plant, a pro-
ration of salaries and payroll burden for supervisorial
personnel, materials , supplies , contracts for services and
equipment items , a pro-ration of city costs of providing ..
accounting, purchasing, personnel, and other centralized
supporting services , and all consulting engineering fees
incurred on behalf of the treatment plant.
•
6. District shall pay to the City the operational cost
of the plant for the term of this contract as defined
in Paragraph 5 herein,upon demand of the City.
7. District shall pay to the City the sum of $1 .00 for
use of the sewer treatment facilities existing as of .
July 1, 1967. •
8. District shall pay to the City the cost of all improve-
ments , engineering costs for improvements to the sewer
treatment plant which are incurred or for which contracts
have been entered into during the term of this agreement,
provided said contracts have prior approval of the District.
9. District shall pay to City all other costs incurred by
City, on behalf of District when such are approved by
District and shall repay to City any and all other funds
that may from time to time be advanced to District for
District Board of Directors expense, general management
expense and attorney fees .
10. District shall file with City a liability insurance
policy, naming the City as an added insured, in the mini-
mum amounts of $300,000/$500,000 public liability and
$100,000 property damage. . If District does not secure
such an insurance policy, City shall have the right to
secure such a policy on behalf of the District and con-
sider the cost of such a policy to be an operational cost.
11. City shall not be obligated to accept sewerage flows
beyond the operational capacity of the sewer treatment
facility as the plant existed on July 1 , 1967, or as it
may thereafter be improved.
12 . The term of this agreement shall commence on
July 1, 1968, and shall terminate at Midnight on
June 30, 1969.
SANITATION DISTRICT NUMBER
FOUR OF ORANGE COUNTY
Date (2vi '71 /y / S/
Chairm-
Date (�, ` i ", , i G Y CI ' OF SEAL BEACH
6* / b
Lee Risner, City Manager
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A G R E E M E N T•
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THIS AGREEMENT made, and entered into this.. 7th t. day of June 7 '7 67
1967, by and between the CITY :OF SEAL BEACH, CALIFORNIA,. a charter city
�.
and .a municipal corporation, hereinafter called "CITY" and COUNTY,
SANITATION:DISTRICT NUMBER 4 OF ORANGE COUNTY, hereinafter called
DISTRICT" pursuant .to Resolution Number ill552' -adopted -by' the City on
the 15th day of May, .1967- and Resolution Number 67-1 ' adopted ,
by the DISTRICT on the 5th day_ of June , 1967:
WHEREAS , the District was formed on September 6 , 1966 to provide ser
°vices as authorized 'in Section '4700 et seq of the .State of California
Health . and Safety Code; and 4
WHEREAS , •"the. District does not own or operate sewer treatment facili
ties ; and .. •
WHEREAS., the ^City owns and is capable of operating .a sewer treatment
,facility with a capacity of under 1,000,000. gallons per day; and
• , WHEREAS , the District desires to enter into an agreement with the City
whereby City performs the maintenance and operation of a sewer treat-
',ment plant serving only the area encompassed by: the District;
NOW, THEREFORE, in consideration of the mutual covenants herein con
tained, IT IS 'HEREBY MUTUALLY'AGREED: by and between the parties: hereto
as follows':
1. City shall provide a sewer treatment facility with an estimated rated capacity of between'900,000' and 1,000,000
gallons per day:
2: City shall operate'said facility in a reasonable and
prudent manner following the same operational policies
that were followed by the City in prior years
3 . City shall have exclusive administrative control over
the operation and maintenance of the sewer-treatment facility
and the operating personnel :'
•
4 Personnel operating or maintaining the sewer treatment
facility shall not be deemed em to ees of the Distr.ict.:
ploy
5 . City shall keep proper accounting records indicating
the cost of operating the sewer treatment -facility. _ Costs
„ of operation shall include 'the salaries plus payrol burden
for all personnel assigned directly to the plant, a pro-
ration of salaries and payroll burden for supervisorial
materials ,"supplies, contracts for services
and.'.equipment items , a pro-ration of city costs of provid-
ing accounting, ..purchasing, personnel, and other centralized
supporting services , and all consulting engineering fees
incurred on behalf of the treatment plant when said fees . .
were. incurred or agreed upon subsequent to July 1, - 1967.
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• . 6 .. . District shall pay to the City , the operational post
of the plant for the term of •this 'coh ract' as ' defined in
Paragraph 5 herein upon demand of the City.
• 7. District shall pay to the ' City' the sum. of $1 .00 for
use of the sewer treatment facilities existing as of
July 1, 1967. .
8 .• District shall pay to the City the cost of' all' improve-
ments , engineering - costs for improvements to the sewer
. treatment plant which are incurred or for which contracts
have been entered into. during the term of this 'agreement,
. provided said contracts have prior, approval of the District.
9. District shall pay to City all other costs incurred by
City on behalf of District when such are approved by
District and shall repay to City any and all other funds. .
that -may from time to time be advanced to District for
District Board of Directors expense, general management
expense and attorney fees .
10. District shall file with City a liability insurance .
. ' policy, naming the City as -an added insured, in the mini-
mum amounts of $300,000/$500,000 public liability and
$100,000 property damage. If District does not secure
such an insurance policy, City -shall have the right to
. secure such a policy on behalf of the District and con- .
sider the cost of such a policy to be an operational cost. .
.11. 'City shall not be obligated to accept, sewerage flows
. beyond the operational capacity of 'the sewer treatment
• 'facility as the plant existed on July 1, 1967, or as it
may thereafter be improved. .
• 12 . The term of this agreement shall commence on
July 1, 1967; and shall terminate at Midnight on .
June •30; 1968.
• COUN SANITA ON DISTRICT
. N 4 ONGE COUNTY
. . Date ki-e, /�� /967 . • • By /
• :. Ch .i man - .
CITY OF SEAL BEACH ••
Date L4 r BYI /�s , ,_,__.;
Lee Risner, City Manager -
1
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A G R E E M E N T
THIS AGREEMENT is made and entered into this 6th day of Feb . 1967,
by and between the
CITY OF SEAL 'BEACH, CALIFORNIA,
a Charter City, hereinafter
referred to as "City"
and
COUNTY SANITATION DISTRICT
NUMBER 4 OF ORANGE COUNTY,
hereinafter referred to as
"DISTRICT"
pursuant to authorization by the City Council of the City of Seal Beach
on January 16, 1967, and County Sanitation District Number 4 of
Orange County on February 6, 1967.
WHEREAS , On November 12 , 1966, City and District did enter into an
agreement whereby the City performs the maintenance and operation of
a sewer treatment plant serving only the area encompassed by the
District ; and
WHEREAS , said agreement provides for the District to pay to the City
the cost of all improvements and engineering costs connected with said
sewer treatment plant ; and
WHEREAS , City has under consideration the rezoning of certain property
which will result in the development of said property and thereby
increase the sewage flows to said sewer treatment plant ; and
WHEREAS , Developer of the property proposed to be rezoned has agreed
to pay to City the sum of Two Hundred Twenty Five Dollars ($225) per
residential lot , and for each three thousand three hundred (3 ,300)
square feet of commercial and recreational property (Lots 4'2 and 67
of Tract 6345) for expanding sewage treatment facilities in a manner
that will enable the sewer treatment plant to handle the sewage flows
resulting from said subdivision development.
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NOW, THEREFORE, in consideration of covenants herein contained, IT IS
MUTUALLY AGREED by and between the parties hereto as follows :
1 . City agrees to deposit funds received from Suburbia, Inc . ,
developer of property described in Exhibit A, attached hereto
and made a part hereof, which funds are designated for finan-
cial assistance for the improvement of the present sewer
treatment plant serving the area encompassed by District into
the General Fund - Special Sanitation Reserve . Said funds
are to be paid to the City by Suburbia, Inc . , at the time
of approval of final tract maps 6345 and 6346 and are to be
in the amount of Two Hundred Twenty Five Dollars ($225) for
each residential lot and for each three thousand three hundred
(3 ,300) square feet of commercial property and/or recreational
property (excluding Lot A of Tract 6346 and all areas being
deeded to City) .
2 . City agrees to utilize the funds deposited as required
in Paragraph 1 to modify and improve the sewer treatment
plant which is operated by City, and which serves District.
3 . City agrees that in computing the cost of improving
the sewer treatment plant , that the District shall be
charged the total amount of the cost of said improvements
including engineering fees less the amount received by
City from Suburbia, Inc . , as specified in Paragraph 1, and
less any financial assistance received under PL 86-660.
The resulting amount shall be referred to as net cost .
4 . District agrees to pay to City the net cost of the
improvements to the sewer treatment plant serving District,
as charged to District by City under provisions of
Paragraph 3 in the following manner:
a. The first payment shall be due Jan. 1 , 1968,
and shall be equal to twenty (20) per cent of
the net cost of improving the sewer treatment
plant .
b . The remaining eighty (80) per cent, together
with simple interest at the rate of four (4)
per cent per annum computed from Jan. 1, 1968 ,
shall be paid in four (4) successive equal
installments due January 1, 1969, January 1 , 1970,
January 1 , 1971 , and January 1, 1972 .
Executed with all the formalities required by law on the date first
appearing herein.
CITY OF SEAL BEACH COUNTY SANITATIO DIST. #4
Of Or nyymti
Bye 2)- By �/
City Manager Chairman
A G R E E M E N T
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THIS AGREEMENT made and entered into this a day of October., 1966,
by and between the CITY OF SEAL BEACH, CALIFORNIA, a charter city,
hereinafter called "CITY" and COUNTY SANITATION DISTRICT NUMBER 4 OF
ORANGE COUNTY, . hereinafter called "District" pursuant to Resolution.
Number 1467 adopted _by the City on the 18th day of July, 1966, and-
Resolution Number 66—Z. adopted by the District on the/a day
of Z(iQ tc�iy�GQfit/ , 1966 .
WHEREAS , the District was formed on September 6, 1966, to provide ser-
vices as authorized in Section 4700 et sec; of the State of California
Health and Safety Code ; and
- WHEREAS , the District does not own or operate sewer treatment faci.li-
ties ; and
•
WHEREAS , the City owns and is capable of operating a sewer treatment
facility with a capacity of under 1 ,000, 000 gallons per day; and
WHEREAS , the District desires to enter into an agreement with the
City whereby City performs the maintenance and operation of a sewer
• treatment plant serving only the area encompassed by the District ;
and
WHEREAS , the District does not have financial resources during the
current fiscal year ending June 30, 1967 , to pay for the operation,
maintenance, and repair of a sewer treatment plant or funds for con-
structing treatment facilities ; and
WHEREAS , the. City is willing to accept a deferred payment plan;
NOW, THEREFORE , in consideration of the mutual covenants herein con-
tained, IT IS HEREBY MUTUALLY AGREED by and between. the parties hereto
as follows
1. City shall provide a sewer, treatment facility with
an estimated rated capacity of between 900, 000 and
1,000,000 gallons per day.
2. City shall operate said facility in a reasonable and •
prudent manner following the same operational policies
that were followed by the City in prior years . •
3 . City shall have exclusive administrative control
over the operation and maintenance of the sewer treat-
ment facility and the operating personnel .
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•
•
•
4. Personnel operating or maintaining the sewer • treat-
ment facility shall not be deemed employees of the district .
5 . City shall keep proper accounting records indicating ,
the cost of operating the sewer treatment facility. Costs
of operation shall include the salaries plus payroll burden
for all personnel assigned directly to the plant, a pro •
ration of salaries and payroll burden for supervisorial
personnel , materials , supplies , contracts for services and
equipment items with a value of less than $2 ,000, a pro
ration of city costs of providing accounting, purchasing,
personnel and other centralized supporting services , and
all consulting engineering fees incurred on behalf of the •
treatment plant when said fees were incurred or agreed upon
subsequent to July 1 , 1966, but prior to the effective date
of this agreement .
6. District shall pay to the City the operational cost of
the plant for the term of this contract . The first pay-
mer_t shall be due January 1 , 1968 , and shall be equal to
20 per cent of the operation cost incurred during the term
of this agreement . The remaining 80 per cent together
with simple interest at the rate of 4 per cent per annum
computed from January 1, 1968 , shall be paid in four succes-
sive equal installments due January 1 , 1969 , January 1 , 1970 ,
January 1, 1971 , and January 1, 1972 .
•
7 . District: shall pay to the City the sum of $1 . 00 for
use of the sewer treatment facilities existing as of -
July. 1, 1966.
8 . District shall pay to the City the cost of all improve-
ments , engineering costs for improvements to the sewer
treatment plant which are incurred or for which contracts
have been entered into during the term of this agreement ,
provided said contracts have prior approval of the District .
District shall make payments to the City for improvements
and necessary engineering costs of such improvements in
the same manner , method, and percentages as payments are
made for operating costs .
9. District shall pay to City all other costs incurred by•
City on behalf of District when such are approved by
District and shall repay to City any and all other funds
that may from time to time be advanced to District for
District Board of Directors expense , general management
expense and attorney fees .
•
•
•
a 'r , •
10. District shall file with City a liability insurance
policy, naming the City as an added insured, in the mini-
mum amounts of $300,000/$500,000 public liability and
$100 ,000 property damage . If District does not secure
such an insurance policy, City shall have the right to
secure such a policy on behalf of the District and
consider the cost of such a policy to be an operational
cost .
11 . City shall not be obligated to accept sewerage flows
beyond the operational capacity of the sewer treatment
facility as the plant existed on July 1 , 1966 , or as it may
thereafter be improved .
12 . The term of the agreement shall commence upon the
execution of said agreement by the District and shall
terminate at Midnight on June 30, 1967
COUNTY SANITAT- N DISTRICT
NUM.0 4r77.0
•
By Vr.,
C ai man
CITY OF SEAL BEACH
By
City Manager