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HomeMy WebLinkAboutCity of Fountain Valley - 1974-10-15A G R E E M E N T WHEREAS, the City of Fountain Valley is a duly incorporated municipality by virtue of the laws of the State of California; and WHEREAS, the City of Huntington Beach is a duly incorporated municipality by virtue of the laws of the State of California; and WHEREAS, said cities enjoy common boundary in certain areas or are in close proximity to each other's boundaries; and WHEREAS, said cities have common problems that can best be solved by mutual cooperation; and WHEREAS, one of the common problems now existing and which demands immediate attention is that of sewage; and WHEREAS, the parties hereto have made extensive studies concerning all aspects of sewage within their respective cities; and WHEREAS, both cities have passed ordinances requiring the payment of a sewage fee when property is developed, in order to construct the necessary municipal improvements to protect the public safety, health and welfare, NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein contained, IT IS HEREBY AGREED BY AND BETWEEN THE CITY OF FOUNTAIN VALLEY AND THE CITY OF HUNTINGTON BEACH, AS FOLLOWS: 1. The City of Fountain Valley will collect a sewage fee as set forth in its ordinance. JG/cs 1. 9/25/74 2. Whenever property developed in the City of Fountain Valley discharges sewage into the sewer facilities of the City of Huntington Beach, the City of Fountain Valley will pay to the City of Huntington Beach the City of Huntington Beach's sewage assessment for the said developed property discharging sewage into the city of Huntington Beach. 3. Should the assessment by the City of Huntington Beach be more than that charged by the City of Fountain Valley, then, and in that event, Fountain Valley will so modify its ordinance or pay said deficit out of its general funds. 4. Should the sewage acreage assessment charged by Fountain Valley be more than that required by Huntington Beach, then, and in that event, the excess shall belong to the City of Fountain Valley. 5. The City of Huntington Beach will collect a sewage fee as set forth in its ordinance. 6. Whenever property developed in the City of Huntington Beach discharges sewage into the sewer facilities of the City of Fountain Valley, the City of Huntington Beach will pay to the City of Fountain Valley the City of Fountain Valley's sewage assessment for the said developed property discharging sewage into the city of Fountain Valley. 7. Should the assessment by the City of Fountain Valley be more than that charged by the City of Huntington Beach, then and in that event, City of Huntington Beach will so modify its ordinance or pay said deficit out of its general funds. 2. 0 8. Should the sewage acreage assessment charged by the City of Huntington Beach be more than that required by the City of Fountain Valley, then, and in that event, the excess shall belong to the City of Huntington Beach. 9. All subdividers or developers, etc. shall obtain all necessary permits and approvals from the city wherein said land is located. Furthermore, the necessary approval from the city receiving the sewage shall be obtained before any work is commenced or permits issued. 10. It shall be the responsibility of the city wherein the developed property discharging the sewage is located to pay to the city receiving the sewage said monies as herein set forth upon demand, provided that the city wherein the property discharging the sewage receives final payment by the subdivider or developer of the property discharging the sewage. 11. This Agreement shall be in full force and effect upon the date of execution by both the City of Huntington Beach and the City of Fountain Valley. 12. It shall be the responsibility of the city wherein the developed property is located to prepare and execute any off site reimbursement agreements with the subdivider or developer. 13. It shall be the responsibility of the subdivider or developer to contract for all on site improvements as may be required by the city wherein the developed property is located. 3• • 0 14. The fees as to any property proposed for subdivision or development shall be collected, deposited and expended pursuant to Section 11543.5 of the Business and Professions Code of the State of California and all other applicable laws of the State of California. The sanitary sewer plans of the respective cities to this agreement shall be in conformity with the County of Orange's countywide general drainage or sanitary sewer plan. 15. The City of Huntington Beach shall protect, defend, indemnify and save harmless the City of Fountain Valley for any environmental impact reports filed by the City of Huntington Beach in connection with this reciprocal sewer agreement. 16. The City of Fountain Valley shall protect, defend, indemnify and save harmless the City of Huntington Beach for any environmental impact reports filed by the City of Fountain Valley in connection with this reciprocal sewer agreement. IN WITNESS WHEREOF, the parties hereto have set their hands on the day, month and year appearing below. DATED: October 15, 1974 ATTEST: Deputy C ty Cl k APPROVED AS TO FORM: City Attorney CITY OF FOUNTAIN VALLEY, a municipal corporation By ayor 4. DATED: October 23, 1974 ATTEST: City Clerk APPROVED AS TO CONTENT: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation By Mayor 12 City of Huntington Beach 410. `•r Octoagr'23, 1974' Mrs. Evelyn Grippo, Deputy City Clerk City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Dear Mrs. Grippo: We are enclosing a duly executed copy of the agreement between the City of Huntington Beach and the City of Fountain Valley for joint utilization of sewage facilities which was approved by the City Council of the City of Huntington Beach'on October 7, 1974 and by your City Council at its meeting of October 15, 1974. Very truly yours, Alicia M. Wentworth City Clerk AMW:cb enc. • City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT October 1, 1974 J Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Agreement with City of Fountain Valley Concerning Sewage Gentlemen: There are times when it is mutually advantageous for 14, properties along the boundary of the cities of Huntington Beach and Fountain Valley to discharge the sewage into the others system. The enclosed agreement will provide the means for such occurrences. It is recommended that your Honorable Body approve the agreement and to authorize the Mayor and City Clerk to execute same. Very truly yours, H. E. Hartge Director of Public works HEH:ae Encl. 11 0 CITY CF FCU NTAI N VALLEY CITY HALL 10200 SLATER AVENUE (714) 962-2424 CALIFORNIA 92708 October 16, 1974 Mrs. Alicia Wentworth City Clerk City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Dear Mrs. Wentworth: SUBJECT: AGREEMENT - JOINT UTILIZATION OF SEWAGE FACILITIES The City Council, at its meeting of October 15, 1974, approved the subject agreement. We are enclosing two signed copies of the agreement and will appreciate your returning one to us after it is fully executed by the City of Huntington Beach. Very truly yours, CITY OF FOUNTAIN VALLEY lvel�GYppor/�% Deputy City Clerk EG:ns Enclosures-2 cc: Public Works Department Finance Department • 0 STATEMENT OF THE ACTION OF CITY COUNCII, CotinrII Chamber, City Hall Huntington Beach, California Mondav, October 7, 1974 Maynr nen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen Councilmen Absent.: Matney ?'Vr CALENDAR - (ITEMS APPROVED) n by Gibbs, the following items were approved as recommended by the following ,all vote: ;YES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: None ABSENT: Matney AGREEMENT - CITY OF FOUNTAIN VALLEY Approved an agreement between the City of Huntington Beach and the City of Fountain Valley providing for the discharge of sewage into the others system, and authorized the Mayor and City Clerk to execute same on behalf of the City. On motion by Bartlett the regular meeting of the City Council of the City of Huntington Beach adjourned at to Mnnday, October 7,197a 5:30 P.M. in theCouncil Chamber The.motion was passed by the following vote: AYES: Councilmen:' Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Matney ATTEST: Alicia M. Wentworth City Clerk Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California. Alvin M. Coen Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above.and foregoing is,a true and correct Statementof Action of the City Council of said City at their regular meeting held on the 7th day of October 1974 WITNESS my hand and seal of the said City of Huntington Beach this the 8th day of October , 19 74 Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY Deputy 0 F` Y.`ty of Hunfington P.O. BOX 190 CALIFORNIA 92 OFFICE OF THE CITY CLERK October 7, 1974 City Clerk's Office City of Fountain Valley 10200 Slater Avenue Fountain Valley, California 92708 ATTENTION: City Clerk Gentlemen: We are transmitting herewith a Council Statement of Action and an agreement between the City of Huntington Beach and your City pro- viding for the discharge of sewage into the others system.. Said agreement was approved by the City Council of the City of Huntington Beach at their regular meeting held October 7, 1974. Upon execution of this agreement by your City we shall forward a duly executed copy of same for your records. Sincerely yours, Alicia M. Wentworth City Clerk AMW:CB: tr Enc: