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HomeMy WebLinkAboutCC 5 SEWER CONNEC CHGS 11-19-84AA ~ ~! ~ A .- CONSENT CALENDAR · DAT[: NOVEMBER 6, 1984 Inter Corn TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER COLLECTION AGREEMENT FOR SEWER CONNECTION CHARGES RECOMMENDATION: That the Tustin City'Council, at their meeting of November 19, 1984, authorize the Mayor to execute the attached Agreement for collection of sewer connection charges attributed to County Sanitation District No. 1 within the Tustin City limits subject to the City Attorney's final approval. BACKGROUND: Staff has received a request from the Sanitation Districts of Orange County to have the City execute an agreement for collection of sewer connection charges with the District for the col-lection of connection fees within that portion of Sanitation District No. 1 that is located within the City of Tustin. .That portion of District 1 that lies within Tustin lies westerly of Newport Avenue extended and northerly of Edinger Street, as shown in yellow on the attached map. DISCUSSION: The attached Agreement designates the City as the collecting agent for Orange County Sanitation District No. 1. It further provides for the City to retain 5% of all fees collected as an administrative overhead cost for said collections. The fees to be collected within the District No. 1 area are designated in Ordinance No. 105 of the Board of Directors of County Sanitation District No. 1: $500.00 per dwelling unit. $100.00/1,000 sq. ft. of floor area for all buildings other than dwelling buildings. This Collection Agreement is identical, except for fee amounts, to the existing Agreement between the District and the City for District No. 7 which includes over 90% of the city limits. This Agreement has been forwarded to the City Attorney's office for his review and approval. Bob Ledendecker Director of Public Works/City Engineer BL:jr AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES THIS AGREEMENT, is made and entered into this ., 1984, by and between: day of COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, hereinafter referred to as "District", AND CITY OF TusTIN, a municipaI corporation, here£nafter referred to as "City". WITNE S S E T H: WHEREAS, District has, by the enactment of Ordinance No. 105, estabIished a scheduIe of sewer connection charges; and WHEREAS, a portion of the territory of the District is within the city Iimits of City;' and WHEREAS, it is for the mutuaI benefit of City and District that the sewer connectfon charges provided for in said Ordinance No. 105 of the District be colIected 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 by D£strict of sewage facfIities of the District within the city limits of City from the funds to be collected from said sewer connection charges. NOW, THEREFORE, it is mutualIy agreed as folIows: Section 1. City, as agent, will and does hereby agree to issue permits and collect the charges established by District -1- under'said Ordinance No. 105, as amended from time to time. Section 2. District shall prescribe those cIassifications of charges to be collected by City. Section 3. City will account for the charges colIected and remit to District monthly the monies so collected, except as pro- vided in Section 6 hereof. Section 4. Procedures mutualIy agreeabIe to City and District shall be established for colIection and remittance of said fees. Section 5. District does hereby appofnt and nominate City and its agents and empIoyees (as the same may be designated by City), as agents of the Distrfct for the purpose of issuing permits and determining and colIecting the sewer connection charges established under Ordinance No. 105, as amended. This does not authorfze 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 estabIished in said Ordinance No. 105, as amended, except as expressIy set forth in this Agreement. Section 6. City agrees to act as agent for District as herein provided for a fee equaI 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 shalI be deducted from the charges colIected by City and the balance remitted to District pursuant to $'ection 3 herein. Section 7. If City is presented with a dispute as to the valfdity, reasonabIeness, enforcibiIity, or applicabiIity of the -2- charges agreed to be collected by it forDistrict, City shall notify District of the probIem and District shall take over the colIection and enforcement of its ordfnances in subject cases. It is contempIated that this shall be the procedure for'serious disputes made upon some vaIid IegaI right or basis. Section 8. City shalI not be IiabIe to District for its unintentionaI or inadvertent faiIure to collect a connection charge actualIy due District or its unintentional or inadvertent miscaIcuIation of the amount of the charges, fee, or fees due District. Section 9. District hereby agrees to hoId 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. District further agrees to hold the City harmless from any IiabiIity which may accrue as a resuIt of faiIure of the District to provide sewer services or capacity to any party who applies to the City for connections under the Agreement. Section 10. District agrees to provide legaI services in the defense of any action seeking to recover sewer connection fees alleged to have'been illegalIy colIected. Section 11. It is agreed that at the request of either party hereto, formal renegotiation of this agreement shalI be made at two-year intervaIs from the effective date hereof. Section 12. This agreement may be terminated by either party giving a 180-day written notice to the other party designating a termination date, which date shalI be the first day of a caIendar month. -3- Section 13. This a§reement shall become effective on the day of , 1984. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA By Chairman, Boaro of Directors APPROVED AS TO FORM: By secretary, Boaro o~ Directors Thomas L. Woodruff, General Counsel CITY OF TUSTIN, a municipal corporation By Mayor ATTEST: city clerk APPROVED AS TO FORM: City Attorney -4- ,/ 14AO0