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Home My WebLink AboutSANITATION DISTRICT NO. 11 - 1964-10-07 AGREEMENT FOR COLLECTION OF ANNEXATION CITY CL LC�K'C FEES IN COUNTY SANITATION DISTRICT NO. 11 It J COPS" THIS AGREEMENT made at the City of Huntington Beach, Cali-- fornia, on the 7th day of October , 1964, by and between COUNTY SANITATION DISTRICT NO. 11 OF ORANGE COLI'ITY, CALIFORNIA, a public corporation, hereinafter called "ELEVEN", and the City of Huntington Beach, Californl.a, a public corporation, hereinafter called "CITY" . 141TNESSETH : WHEREAS, Eleven has adopted Resolution No . 64-136--11 en-- titied, "RESOLUTION OF COUNTY SANITATION DISTRICT NO . 11 OF ORANGE COUNTY ESTABLISHING AN AMENDED POLICY CONCERNING ANNEXATIONS OF TERRITORY TO THE DISTRICT" , which resolution establishes fees to be paid to Eleven as a condition of securing approval of the Directors of Eleven to annexation in accordance with Chapter 3 of the Health and Safety Code of the state of California ,, and VMEREAS, the terms of said Resolution No. 64-136-1 1. apply to annexations to Eleven filed with the Bour:dary Commission, County of Orange , on or ti f ter October 1, i963, and WHEREAS, the City is the sole existing public severing agency lying within Eleven, and WHEREAS, Eleven does not intend or desire to provide local sewerage service or deal directly with landowners desiring; annexa- tion to Eleven, such matters being more properly the function of City, and WHEREAS, it is desirably: in the public interest to facili- tate th orderly collection of said annexation fees, NOW) THEREFORE, IN CONSIDERATION OF THE PREMISES 4ND THE PUBLIC WELFARE, IT IS TrUTUA.LLY AGREED AS FOLLOWS : ,r ( 1) City shall act as agent for Eleven within the City' s incorporated limits as they now exist, or as they may be extended by annexations i%ithin the terri`ory of Eleven, for the purpose of col- lecting fees as provided in Eleven' s Resolution No . 64-136-11 . ( 2) All of the fees collected by the City, as agent for Eleven, shall be remitted not less frequently than quarterly on the 10th of July, October, January and April of each calendar year. ( 3) City shall account annually after .Tune 30 of each calendar ,year to Eleven, showing fees collected in each annexation to Eleven, together with a map of the annexation designating parcels in each annexation for which fees have been paid . ( 4) The intent of Eleven' s said Resolution No. 64-136-11 is to allow deferred payment of annexation fees until all or a portion of each annexation is to be provided with sewerage service by City and Eleven. Consequently, City. as agent for Eleven, shall, except as hereinafter provided, make the sole determination of when said sewerage service is to be provided and shall be re3ponsible for the !ollection of annexation fees prior to providing said sewer- age service. Provided, however, that upon determination of the Directors of Eleven that unusual or unforseen conditions exist in any particular annexation, Eleven may make the determination of when sa..d sewerage service is to be provided and may demand direct payment to Eleven of said annexation fees prior to providing sewer- age service to all or a portion of any annexation. ( 5 ) This agreement shall be effective October 7, 1y64 ; and shall continue in effect until it is, by mutual agreement, amended or terminated . Either party may terminate this agreement -2- by giving the other ninety (90) days written notice of its intention to termina6e, and the Designation of termination date . CITY OF HUNTING` ON BEACH, CALIFORNIA By &. -V3 -S' / ,SEAL \Mayo~ j y City Clork t and COUNTY SANITATION DISTRICT NO . 11 OF ORANGE COUNTY, CALIFORNIA By - Chairman, Board o Di re c or:3 SEAL ' l By • ecre arSr, oard o lDirec ors -•3- 1 INcrpye �pOR Ar�.o CITY OF HUNTINGTON BEACH l ENGINEERING DEPARTMENT Huntington 13cach, California c��'UUNTY f,P� October 11 196h ` n lionom. ble Mayor and City �oiinci,l City of Huntin?ton Beach Iiunti_nr,ton each, California 11 r'zentlemen: Transmitted herewith are copies of a Resolution and Agreement reraTdin� annexation fee polio..- for `-Initation District :,;leven. Public -:Yorks DepartmQnt worked aith the staff and Board of Sanitation District Eleven in develonin!; this rrcced,.ire. it. is the recommendation of the Director of Public i'III that thc- City Council anprole agreement and authorize its execution b*, the �:a;;or an-1 ;;lerk. Very truly yours, 7 arie s R. the e le z Director of Public �►orl:s Trans. Administrative OFFice 847-2511, Area Code 714 COUNTY SANITATION DISTRICTS Treatment PlantOr' ces 545-7147, A. �e Cade 714 of ORANGE COUNTY, �,ALIFORNIA 10844 ELLIS AVENUE, P. 0. BOX 51.75, FOUNTAIN VALLEY, CALiFORNIA, 92708 oc t,ot)e r 9 , 11)011 Cli;:' of Hunt im .'ron Rf';;ch P . 0 . Box 1t?0 llunti.r?r-ton Eca('h . California, A t ten i--1 on : I.I.r .. r�5'.il! c')o►.1`=:; `J-1.'.� C Re fF,i•c,?)r, Co t:i On D '1 Enclose,l nlease 1'1.n c ;2'E?GII1eI 1ir, e,_ c. '1.aC� Sanitation Fo ici..,in- L J 1).1 - t. return. L' 7t�- j [± j re- .i f1 • ?1Ltme�' See rer .��' FAH: r Enclos . .p 1 0 (-k' Administrative Office 847-2511, Area Coda 714 COUNTY SANITATION DISTRICTS Treatment Plant Offices of ORANGE COUNTY, CALIFORNIA 545-7147, Aree Code 71u 10844 ELLIs AVENUE, P. 0. Box 5175, FouNrAIN VALLEY, CALIFORNIA, 92708 September 21, 1964 City of Huntington Beach P. 0. Box 190 Huntington Beach, California Attention: Paul C. Jones, City Clerk Subject : Proposed agreement ',-.1' collection of annexation charges In Distri^t No. 11 Following a discussion at an adjourned meeting of the Beard of Directors of County Sanitation District No. 11 on August 20, an amended formal anne.-cal:ion policy was adopted by means of Resolution No. 64-136-11 at the Board ' s regular meeting on September 10. A copy of this resolution is enclosed . Iu will be note ) that the enclosed resolution authorizes the execution of an agreement with the City to provide for collection by the City of the annexation fees set forth in the resolution upon development of property within each annex- ation. This agreement has now been prepared in draft form and a copy is enclosed for the consideration of ,your City officials . Please advise as to whether the draft agreement is sa, !sf'<.1ctory and feu. free to call on the writer if there are any qu�z;,ions in this connection. If satisfactory, the Chairman and Secretary of the District will sign a formal copy of the agreement and it will be forwarded to you for execution by the City. Paul G. Brown Assistant General Manager PGB:gg Enclosures cc to : Robert P1. Lambert Jake Stewart James Wheeler C. Arthur Nis:on, Jr. Secretary of the Board RESOLUTION N0. 64-136-11 .AMENDED ANNEXATION POLICY RESOLUTIO14 OF COUNTY SANITATION DISTRICT NO. 11 OF ORANGE COUNTY ESTABLISHING AN .AMENDED POLICY CONCERIING ANNEXATIONS OF TERRITORY TO THE DISTRICT WHEREAS, it is in the public interest to e.starlish certain requirements for territory seeking annexation to this District : NOW, THEREFORE, BF IT RESOLVED THAT: Section 1 . The proponents of any application for annexation of any territory to the District shall, as a condition to securing approval of the Directors of the District to such annexation, com- ply with the following requirements ; A. Pay or make secure arrangements to pay to the District a sum of money computed by the following formula : For each parcel of land of less than 1/4 acre included in the proposed annexation, $7r - 00; for each parcel of land of more than 1/4 acre included in said rroposed annexation, ti66 .00 per 1/4 acre or poxtion thereof . In lieu of lump sum cash payment of the aforsesaid sum of money, complete or partial. payments may be deferred untLl all or any portion of the area in an annexation requires sewerage service . The Chairman and Secretary are hereby authorized to execute an agreement with the City of Huntington Beach v hereby said City will, before sewerage service is supplied by the District, collect and transmit to the District such complete or partial. payments . B . Dissolve and terminate any public agency in the terri- tory proposed to be annexed which exists for the primary purpose of providing sewage and refuse collec-- • Lion and/or treatment for the territory proposed to be annexed . Section 2 . The hereinabove stated conditions shall apply to any application for annexation of territory to the District filed with the Boundaz; Commission, County of Orange , vn or after October 1, 1963 . Section 3 . Resolution No. 63-138-11 previously adopted by the Directors of County Sanitation District No . 13. is hereby re- scinded and made of no further effect . PASSED ADM ADOPTED at a regular meeting on September 10, 1964.