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1951-1814RESOLUTION NO. 1814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ,AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE MEMBERS OF THE JOINT OUTFALL SEWER AND STANDARD OIL COMPANY OF CALIFORNIA REL- ATIVE TO THE USE Or THE JOINT OUTFALL SEWERAGE FACILITIES BY STANDARD OIL COMPANY OF CALIFORNIA. WHEREAS, the Cities of Santa Ana, Anaheim, Fullerton and Orange, and the Sanitary Districts of La Habra, Placentia, Buena Park and Garden Grove are the owners of certain sewerage facili- ties in Orange County, consisting of, among other things, a sewer trunk line running from La Habra, California southerly to the Paci- fio Ocean, a treatment plant and ocean outfall; and, WHEREAS, Standard Oil Company of California maintains certain office buildings, a laboratory and certain other accessory facilities, known as Murphy Coyote facilities, which are located outside the limits of any of said Cities or Sanitary Districts; and, WHEREAS, an emergency condition now exists with respect to the disposal, of domestic sewage from said Murphy-Coyote facili- ties; and, WHEREAS, said Cities and Sanitary Districts, constituting members of the Orange County Joint Outfall Sewer, are willing to accept the domestic sewage from said Murphy Coyote facilities on a temporary basis with the right reserved to discontinue accepting said sewage at any time; and, WHEREAS, the City Council of the City of Anaheim deem it advisable to enter into an agreement with Standard Oil Com- pany of California in this connection; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk of the City of AmqhRim are hereby authorized and directed to enter into the following contract with Standard Oil Com- pany of California, a California corporation; THIS AGREEMENT is made in duplicate and is entered into as of December 20, 1950, by and between CITY OF SANTA ANA, CITY OF ANAHEIM, CITY OF FULLERTON, CITY OF ORANGE, LA HABRA SANITARY DI— STRICT, PLACENTIA SANITARY DISTRICT, BUENA PARK SANITARY DISTRICT, and GARDEN GROVE SANITARY DISTRICT, hereinafter called "First Par- ties", and STANDARD OIL COMPANY OF CALIFORNIA, a California corpora- tion, hereinafter called "Second Party This agreement is made with reference to the following facts: A G R E E M E N T (a) First Parties are the owners of a sewer trunk line running from the La Habra Sanitary District southerly to a treat— ment plant at Ellis Avenue, Orange County, and of said treatment plant and of an ocean outfall. The interest of First Parties in the various portions of said line and in said treatment plant and ocean outfall has heretofore been established and this agreement is not intended to vary or change the ownership interests of First Parties, or of any of them, in any manner. (b) Second Party maintains certain office buildings, a laboratory and accessory facilities near the junction of La Mirada Avenue and La Habra—Buena Park Road in Orange County. Said pre- mises are not within the boundaries of any of First Parties. (c) At the present time the domestic sewage from said premises is discharged into septic tanks. Said septic tanks are inadequate to handle said sewage and recently have overflowed on several occasions, creating a health problem. (d) Second Party desires the privilege of discharging the domestic sewage from said premises into the trunk lines of First Parties. (e) First Parties are willing to accept said sewage, but upon the basis that First Parties shall retain the right to cease accepting said sewage at any time, it being recognized that during --2- certain periods of the year First Parties will use said lines or por— tions thereof to full capacity. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: (1) Second Party is hereby given permission to make a connection to said lines of First Parties, at Second Party's expense, et a point in the line of the La Habra Sanitary District located alon La Habra —Buena Park Road at a point south of Imperial Highway as de- termined by the Engineer of the La Habra Sanitary District and ap— proved by the Manager of the Joint Outfall Sewer. (2) Second Party may discharge into said lines its domes— tic sewage from the premises hereinabove referred to. (3) No sewage other than domestic sewage shall be dis— charged into said lines by Second Party, and Second Party shall not discharge into the lines of First Party any oil, petroleum, hydro- carbon substances or any other material that will destroy, injure or damage the sewerage system of First Parties. (L) Second Party shall compensate First Parties for any damage, injury or destruction to First Parties= sewerage system caused by Second Party's discharging wastes into said sewerage system in violation of this agreement. (5) Second Party shall, at its own expense, maintain an accurate meter to measure all sewage discharged into said sewerage system by Second Party. Such meter shall be installed, established and maintained at such place as the engineers of First Party and Second Party shall mutually agree upon. First Parties shall at all times have access to such meter and shall have the right to check the same at any time. (6) During the time that this agreement remains in effect Second Party agrees to pay First Parties the sum of $105.00 per million gallons for all sewage discharged into said lines of First Parties, provided, however, that the minimum charge shall be 0105.00 -3- per month. All service charges shall be paid at the end of each quar— ter —year of three months, or as soon thereafter as practicable in the ordinary course of business. All service charges shall be paid to La Habra Sanitary District at the City Hall, La Habra, California, which is authorized to accept the same on behalf of First Parties. Out of said monies La Habra Sanitary District shall pay: (a) 050.00 per million gallons (minimum of 450. 00 per month) to the City of Santa Ana as a rental charge for Section I of said sewerage system. (b) $25.00 per million gallons (minimum of 025.00 per month) to the City of Anaheim as a rental charge for Sections II to V of said sewerage system. (c) 011.75 per million gallons (minimum $11.75 per month) to the City of Fullerton for operation costs of Section VI of said sewerage system. (d) $2.03 per million gallons (minimum of $2.03 per month) to the City of Fullerton for rental of its interest in Section VI and the line from Orangethorpe to Commonwealth Avenue of said sewer- age system. (e) $.43 per million gallons (minimum of $.43 per month) to Buena Park Sanitary District for rental of its interest in Sec— tion VI of said sewerage system. La Habra Sanitary District shall retain the remaining sum of per million gallons (minimum of 0.5.79 per month) as rental for its interest in said. Section VI and the line from Section VI to the point of the connection of Second Party. (7) This agreement may be cancelled by either party upon thirty dayst written notice to the other party. (8) While this agreement remains in force, Second Party agrees that upon being notified so to do by the General Manager or Acting General Manager of the Orange County Joint Outfall Sewer, it will immediately cease discharging said sewage into the sewerage system of First Parties, and will not thereafter resume the discharge of said sewage into said system unless and until authorized so to do by said General Manager or Acting General Manager. The notices under this paragraph may be made by telephone to Second Party at Oxford 7 -6213 or may be written. (9) While this agreement is in force, Second Party agrees that the maximum amount of sewage discharged into said sewerage system will not exceed any limits set by the General Manager or Act— ing General Manager of Joint Outfall Sewer. (10) The minimum monthly charge herein established shall apply to each calendar month during the life of this agreement dur— ing which Second Party discharges any sewage into said sewerage system. (11) Any notice provided for herein to be given to First Parties shall be given by registered mail, postage prepaid, ad— dressed to the General Manager of the Orange County Joint Outfall Sewer, City Hall, Anaheim, California. Any written notice provided for herein to be given to Second Party shall be given by First Par- ties by registered mail, postage prepaid, addressed to Second Party. Attention J. H. Thatcher, Pt 0, Box 397, La Habra, California. IN WITNESS WHEREOF, this agreement is executed by the duly authorized officers of the respective parties hereto as of the day and year first herein written. FIRST PARTIES, CITY OF SANTA ANA By Mayor Attested City Clerk CITY OF_ANAHEIM By CITY OF FULLERTON By Mayor Attested CITY OF ORANGE By Mayor Attested LA HABRA SANITARY DISTRICT By, Attested PLACENTIA SANITARY DISTRICT By Attested BUENA PARK SANITARY DISTRICT By Attested Attested City Clerk City Clerk President of Sanitary Board Secretary President of Sanitary Board Secretary President of Sanitary Boar GARDEN GROVE SANITARY DISTRICT Ey President of Sanitary Boad Secreta:y SECOND PARTY. STANDARD OIL COMPANY OF CALIFORNIA By By ,6_ this 26th day of January 195 1 ATTEST: <r' �,c ti Y C L E P K OF T STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM THE FOREGOING RESOLUTION is signed and approved by me OF ANAHEIM S of January 1 951 7 AYES: COUNCILMEN: Pearson, Wieser, Roney and Van Wagoner I, CHARI,ES E. GRIFEITH City Clerk of the City of Anaheim do hereby certify that the foregoing adjourned Resolution was passed and adopted at a /regular meeting of the City Council of the City of Anaheim held on the 26th day of January 195 1 by the following vote of members thereof: MAYOR OF THE CI Y OF ANAHEIM NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Heying And I further certify that the Mayor of the City of Anaheim signed and approved said Resolution on the 26th day of January 195 1 IN WITNESS WHEREOF, I have hereunto set my hand and af— fixed the seal of Maid City of Annaheim this 26th day CI _CLERK OF THE' TY OF ANAHEIM