1970-0101_MOUTLON-NIGUEL WATER DISTRICT_Interim Sewerage Facilities AgrINTERIM SEWERAGE FACILITIES
AGREEMENT of 1970
BETWEEN
CITY OF SAN JUAN CAPISTRANO
MOULTON-NIGUEL WATER DISTRICT
SANTA MARGARITA WATER DISTRICT
THIS AGREEMENT, made and entered into as of this
day of 5AN , 1921 , by and between the
CITY OF JUAN CAPI EtANO, a municipal corporation (hereinafter
referred to as "San Juan"), MOULTON-NIGUEL WATER DISTRICT, (herein-
after referred to as "Moulton -Niguel"), and SANTA MARGARITA WATER
DISTRICT, (hereinafter referred to as "Santa Margarita"); both
Moulton -Niguel and Santa Margarita are public corporations organ-
ized and existing under the California Water District Law, Divi-
sion 13 of the Water Code of the State of California, commencing
at Section 34000 thereof;
W I T N E S S E T H:
WHEREAS, San Juan has, at the present time, surplus capacity
in certain of its sewerage facilities, including interceptor
sewers, its sewage treatment plant, and capacity under its lease
for use of an existing ocean outfall, which it finds and determines
to be in the best interest of its inhabitants to put to beneficial
use; and
WHEREAS, San Juan and Santa Margarita have previously con-
tracted for use of a part of the capacity in a portion of San
Juan's facilities for the treatment and disposal of sewage from
Santa Margarita, which Santa Margarita.has determined it does
not have immediate need and use therefor, and
WHEREAS, Moulton -Niguel has immediate need for the use
of additional sewerage facilities for the treatment and disposal
of sewage from Moulton -Niguel and Moulton -Niguel has determined
that its interim need may be satisfied by utilizing the presently
existing surplus capacity in the sewerage facilities of San Juan
previously contracted for by Santa Margarita, and
WHEREAS, San Juan, Moulton -Niguel and Santa Margarita find
and determine that it is in the best interests of each entity
that there be an interim joint use of the sewerage facilities
of San Juan by Moulton -Niguel pursuant to the terms and conditions
hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual covenants
and conditions herein contained, San Juan, Moulton -Niguel and
Santa Margarita hereby agree as follows:
SECTION 1. DEFINITIONS.
1. "Agreement" means this Agreement entitled:
Interim Sewerage Facilities Agreement
of 1970 between City of San Juan Capis-
trano, Moulton -Niguel Water District and
Santa Margarita Water District.
2. "1964 Dana Point - San Juan Agreement" means the
Joint Powers Agreement dated May 25, 1964, by and between Dana
Point Sanitary District (hereinafter referred to as "Dana Point"),
and San Juan.
3. "Sewerage Facilities Agreement of 1969" means the Joint
Powers Agreement dated May 26, 1969, by and between San Juan
and Santa Margarita.
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4. "Sewage", unless otherwise provided, shall mean
all sewage or waste originating in Moulton -Niguel.
5. "San Juan Sewer Facilities" means all trunk, inter-
ceptor and outfall sewer mains, treatment facilities, and appur-
tenances and appurtenant works owned by San Juan that may be
necessary or useful in carrying out the purpose of this Agree-
ment.
6. "Point of Delivery" means the connection of the
Moulton -Niguel interceptor sewer with the San Juan sewer facility
as shown on Exhibit "A".
SECTION 2. USE OF SAN JUAN'S SEWERAGE FACILITIES.
During the term of this Agreement, subject to the provisions
hereinafter set forth, San Juan hereby agrees to receive, treat
and dispose of sewage from Moulton -Niguel as herein provided for
and upon the terms and conditions set forth. Said sewage shall
be delivered by Moulton -Niguel to San Juan at the point of
delivery designated on Exhibit "A" hereto.
SECTION 3. EXTENT OF USE.
Moulton-Niguel's right to discharge its sewage into the
San Juan sewer facilities, and San Juan's obligation to receive,
treat and dispose of the same shall not exceed a peak flow of
1.0 m.g.d. and the average daily flow on an annual basis shall
not exceed 0.5 m.g.d. The amount of sewage being discharged
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into the San Juan sewer facilities shall be measured by a
metering device approved by the engineers for San Juan,
Moulton -Niguel and Santa Margarita. Said meter shall be in-
stalled at the point of delivery and shall be paid for and
owned by Moulton -Niguel, except as otherwise hereinafter pro-
vided. Moulton -Niguel shall repair and replace, if necessary,
said meter so long as it shall be the property of Moulton -
Niguel.
SECTION 4. TERM OF THE AGREEMENT.
This Agreement shall become effective as of the first
day that Moulton -Niguel discharges sewage into the San Juan
sewer facilities, or July 1, 1970, whichever is earlier. This
date, in some instances hereinafter may be referred to as the
"effective date". This agreement shall continue in full force
and effect through and including June 30, 1972. However, the
provisions hereof may be extended by the mutual agreement of
all parties hereto.
SECTION 5. RENTAL.
Commencing on the effective date of this Agreement,
Moulton -Niguel agrees to pay to San Juan for all rights here-
under an annual rental charge to be determined as.follows:
(a) For use, maintenance and operation of
the San Juan sewer facilities, use of
the San Juan treatment plant and the
outfall, the sum of $1.7,500 per year.
(b) For Moulton-Niguel's share of the mainten-
ance and operation costs of the San Juan
treatment plant, the sum of $12,500 per year.
Said annual rental charge provided for in subparagraphs (a) and
(b) above shall be payable in quarterly installments, the first
quarterly payment to be made on the effective date of the Agree-
ment and upon the first day of each quarterly period thereafter.
The portion of the annual payment provided for in paragraph (b)
of this section shall be subject to adjustment commencing with
the first quarterly payment succeeding July 1, 1970, and annually
thereafter on any quarterly payment date succeeding July 1 of each
year, by an increase or decrease of any quarterly payment during
the preceding twelve (12) month period by that percentage of the
increase or decrease for the preceding twelve (12) month period
in the Los Angeles Index, New Series, All Items, United States
Department of Labor, Bureau of Labor Statistics. Said Index is
published quarterly with both the quarterly and annual changes.
For the purpose of this Agreement, the annual change shown in
the July quarterly publication shall. be used and the revised
total annual rental payment, if any, shall commence with the
next succeeding quarterly payment.
SECTION 6. PIPELINE CONSTRUCTION BY SAN JUAN.
San Juan agrees to construct a 12 -inch sewer from its exist-
ing sewer at Oso Road to the point of delivery as shown on
Exhibit "A" hereof. Said 12 -inch sewer shall be constructed and
available to receive sewage of Moulton -Niguel on or before
July 1, 1970.
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SECTION 7. PIPELINE CONSTRUCTION BY MOULTON-NIGUEL.
Moulton -Niguel agrees to construct a 12 -inch pipeline from
Rancho Viejo Road to the northerly limit of San Juan which is
depicted on Exhibit "A" hereto estimated to be approximately
3,900 feet, together with a connection to the 12 -inch line of
San Juan proposed to be constructed to said location. Plans and
specifications therefor shall be approved by Santa Margarita
prior to the award of the contract by Moulton -Niguel for the
construction of said facility.
SECTION 8. PURCHASE OF FACILITIES BY SANTA MARGARITA.
Santa Margarita agrees to purchase from Moulton -Niguel on
July 1, 1972, the 12 -inch pipeline described in Section 7 of
this Agreement, together with the connecting and metering
facilities constructed for connection of said pipeline to the
facilities of San Juan. The purchase price shall be paid to
Moulton -Niguel on July 1, 1972, and shall be determined on the
basis of the total construction cost thereof by Moulton -Niguel,
including design, inspection, survey and any incidental expenses,
including, but not limited to the cost, if any, of right of way
acquisition. A bill of sale, together with a conveyance of
right of way acquired therefor shall be delivered to Santa
Margarita on or after July 1, 1972. A written statement setting
forth the total construction costs as hereinabove defined shall
be delivered to Santa Margarita within sixty (60) days after
completion and acceptance of the hereindescribed facilities
by Moulton -Niguel.
SECTION 9. OUTFALL.
San Juan covenants that it has the facilities and rights
to receive, treat, and dispose of sewage received from Moulton -
Niguel, including the right to discharge effluent therefrom into
an existing ocean outfall during the term of this Agreement,
subject only to the provisions of the 1964 Dana Point - San Juan
Agreement that Dana Point has a priority right to discharge its
sewage into said outfall to the extent that the capacity of the
outfall is not sufficient to take all sewage from Dana Point and
San Juan. Moulton -Niguel shall have no obligation to Dana Point
by reason of the use of said outfall. San Juan agrees to pay
Dana Point any costs and expenses for the use of said outfall
and no part thereof shall be borne by Moulton -Niguel.
It is further agreed that the terms of the 1964 Dana Point -
San Juan Agreement may require San Juan to reduce the quantity
of sewage that it shall receive, treat and dispose of during
the term of this Agreement. Any such reduction shall be preceded
by written notice given to Moulton -Niguel ten (10) months prior
to the effective date thereof. In such event the payment re-
quired under Section 5 hereof shall be reduced to that percentage
of $30,000 per annum that the newly established peak flow bears
to the 1.0 m.g.d. It is further agreed by the parties hereto
that any such reduction shall be first deducted from the quantity
of sewage which Santa Margarita may deliver hereunder to Moulton -
Niguel for transmittal to San Juan for ultimate treatment and
disposal thereof. In such event the required payment to Moulton-
Niguel- by Santa Margarita shall be reduced proportionately.
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SECTION 10. INTERIM USE OF FACILITIES BY SANTA MARGARITA.
Commencing August 1, 1971, Santa Margarita shall have the
right to deliver to Moulton -Niguel at the point designated on
Exhibit "A" hereto, the following quantities of sewage from
Improvement District No. 1S of Santa Margarita which sewage shall
be delivered by Moulton --Niguel to San Juan at the point of delivery
fro sewerage from Moulton -Niguel designated on Exhibit "A". San
Juan shall treat and dispose of said sewage from Improvement Dis-
trict No. 1S of Santa Margarita within the quantity of sewage to
be received from Moulton -Niguel and for the consideration to
be paid to San Juan by Moulton -Niguel. Santa Margarita shall
pay to Moulton -Niguel on the dates specified, the payments herein-
below set forth subject to adjustment in a like manner as provided
in Section 5 0£ this Agreement for payments by Moulton -Niguel
to San Juan.
August, 1971
September, 1971
October, 1971
November, 1971
December, 1971
January, 1972
February, 1972
March, 1972
April, 1972
May, 1972
June, 1972
GALLONS PER DAY
20,000
40,000
80,000
100,000
125,000
150,000
175,000
200,000
225,000
250,000
275,000
PAYMENTS BY
SANTA MARGARITA
$ 100.00
$ 200.00
$ 400.00
$ 500.00
$ 625.00
$ 750.00
$ 875.00
$ 1,000.00
$ 1,125.00
$ 1,250.00
$ 1,375.00
SECTION 11. DISTRICTS SECURITIES COMMISSION APPROVAL.
Notwithstanding any other provision in this Agreement,
this Agreement shall not be effective until it has been approved
on behalf of Moulton -Niguel by the California Districts Securities
Commission, or its successor, or upon receipt of a letter from
said Commission that such approval is not required.
SECTION 12. NOTICE.
Notice as required or permitted hereunder shall be suffi-
ciently given if in writing and if either served personally upon
or mailed by registered or certified mail to:
CITY OF SAN JUAN CAPISTRANO
31762 Camino Capistrano
San Juan Capistrano, California 92675
MOULTON-NIGUEL WATER DISTRICT
3 Monarch Bay Plaza, Suite 102
Laguna Niguel, California 92677
SANTA MARGARITA WATER DISTRICT
401 Civic Center Drive West
Santa Ana, California 92702
or at such other place as may be designated in writing from
time to time.
SECTION 13. AFFECT UPON SEWERAGE FACILITIES AGREEMENT
——n f 1969.
During
969
During the term hereof, Santa Margarita's obligations to
San Juan under the Sewerage Facilities Agreement of 1969 shall
be satisfied by Moulton-Niguel's performance of its obligations
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hereunder. Also during the term hereof Santa Margarita shall
not have any capacity in the facilities of San Juan unless
otherwise agreed, except to the extent and as provided under
Section 10 hereof. In all other regards, the Sewerage Facili-
ties Agreement of 1969 shall not be affected, changed, or modi-
fied in any manner whatsoever, nor shall Moulton -Niguel have
any obligations to San Juan or Santa Margarita except as herein
specifically provided.
SECTION 14. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or
word in this Agreement or the application thereof due to any
agency or to any other person or circumstance for any reason
is held invalid, it shall be deemed severable and the validity
of the remainder of this Agreement or the application of such
provision to the other agencies or to any other person or circum-
stances to be held invalid.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first hereinabove written.
MOULTON-NIGUEL WATER DISTRICT
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"Moulton -Niguel"
CITY OF SAN JUAN CAPISTRANO
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