HomeMy WebLinkAboutCity of Huntington Beach - 1977-09-06 STANDARD AGREEMENT FOR COLLECTION OF
SEWER CONNECTION CHARGES
THIS AGREEMENT, made and entered into this 6th day of September
1911 , by and between the City of Huntington Beach, a municipal corp-
oration, hereinafter called "City", and the County Sanitation
District No. 11 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. 1104
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.
of the District be collected in a manner most e,:pedient and 10esL
burdensome on the owners Of propur Ly wi 1.11111 111C Cit_; .,no
WHEREAS, the City will benefit by the conSLroctiou and ;:.nin-
tenance of sewerage facilities of the District within the city lir..i LS
of City by District from the funds to he collected from said scwc-r
connection charges.
NOW THEREFORE, it is mutually agreed as follol-s:
1 . City as agent will and does hereby ai:rce to issue permits
and collect the charges established by District under said Ordin.:ncu
'to. 1104. as amended from time to time.
2. District shall prescribe those classifications of charcos
to be collected by City.
22. City will accocnt for the charges collected a.,-z :-eniL to
District nonthly the conies so collected, except as prcciced ir:
Section 6 hereof.
4. Procedures mutually agreeable to City and District shall
be established for collection and remittance of said fees.
5. District does hereby appoint and nominate City and its
Agent 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. 1104, 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. 1104, 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. If City is presented with a dispute as to the validity,
reasonableness, enforcibility, or applicability of the charges
agreed to be collected by it for District, City shall notify District
of the problem and District shall Lake 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. City shall not be liable to 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.
9. District hereby agrees to hold 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.
10. District agrees to provide legal services in the defense
of any action seeking to collect sewer connection fees alleged to
have been illegally collected.
_Z_
11. It Is agreed that Lt the request of either party hereto,
formal renegotiation of this agreement shall be made at two years
from the effective date hereof.
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 shall be the first day of a calendar month.
13. This agreement shall become effective on the 9th day of
September , 1977 .
CITY: CITY OF HUNTINGTON BEACH,
a municipal corporation
By
(SEAL) Mayor
My-Clerk
DISTRICT: COUNTY SANITATION DISTRICT NO. 11
of Orange County, California,
a public car poration
(SEAL) CH a r n, B -a'rd of Directors
by a �L/ .
Se et ry, 3card of Direc6ors
APPROVED AS TO FORM
AND LEGALITY:
4
District's GC nail
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