HomeMy WebLinkAboutWest Orange County Water Board - WOCWB - Garden Grove - Westminster - Seal Beach - 1967-10-25I
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WEST ORANGE COUNTY LIATER I'AARD
JOINT POWERS AGRM-M-NT
4 THIS AGIZED11:P1T, it idv this day of .� ��-%t'�L �, 1.9679
b; by arid between the CITY OF G".RDEN GROVE, hereinafter in some in-
fi stances referred to as "Garden Grove", the CITY OF HUNTINGTON BEACII,
7 I heretnafter in some instances referred to as "tluntA npton Beacn", R
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a;i the MY OF SEAL MCH, hereinafter in some instances referred tc
9d as "Sea'_ Beach", and the CITY OF I►ESTUINSTEM, hereinafter in soma in-
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10�stances referred to as "Westcninster", collectively hereinafter in
llllsome instances referred to as "the contracting public agencies", alli
12, of whom are general law cities formed under and existing pursuant to�
13,:the general laws of the State of California except Seal Leach and
Huntington Beach, which exist as chanter cities under the laws of I
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the Stale of California ;
W I T N E S S E T H:
j WHEREAS, the parties hereto are one of the original parties,
a successor to one of the original parties, or an additional party
to the existing Joint Powers Agreement and amendments thereto
lunder which the West Orange County Water Board was heretofore
created; and
WIIERrAS, it is the desire of each of the contracting public
agencies to clarify the terms and provisions of thaC agreement as
;amended, and
WHEREAS, each of the contracting public agencies has hereto-
fore determined and does at this time determine that facilities to
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the contracting public agencies with a
supply
of water aay
Ibe more
economically and efficiently operated
by the
entry created
and known as the West Orange Count, Water Board, and
WHEREAS, the contracting parties are authorized by law to
contra-~ with each othe•• for the joint exercise of common power;
under Article I, Chapter 5, Division 7, Title 1 of the Government
Code of the State of California, and
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I.111:RI:AS, each of th.' contracting public agencies is authorized
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2 'by law to ,acquire, construct . tperauc and maintain facilities for I
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the purpose of obtAiiting, transmitting, storing, rind di;;Lribuling
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h 1; a supply of water
IS P;OI•!, TIIGF.E 01"El ttie contracting public ag,,nices for and iii
6!� crnsiderat'ion of tho mutual covenants herein contained do agree rand
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1 exerelso the foregoing common 11o,,:(,r at; follows:
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91 This agreement is nsnde under the provisions of Ar.ti.cle T,
10) Chapter 51 Division 7, Title 1 of the covv'rnaucnt Code .of the Str+te
of Californiaand it, for the' purpose of constructing, o eratin� and
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12maintnining facilities for obtaining, transmitting;, stcr:ng, and
13 distributing; eater to the l.arties to this agreement.
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,511 The parries hereto have created and do nereby create a se p-
16� arete public entity known and designated as the West Orange County
17iWater Hoard. Said entity was created for the sp?cific purpose of
18lconstructing, repairing, maintaining, operating and administLering
3.91a joint pipeline or ripelines and other facilities for obtaining,
Roll transmitting, storing and dis ):ibuting water to the parties hereto.
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�It is specifically agreed that the West Orange County Water Board
`rtay take, acquire, purchase, lease, hold and own real and persona..
(property in any manner and of every class or descripcic.n, contract
' with ptiblic agencies, private jersnns and corporations; exercise
the right of eminent domain either by itself cr in conjunction with
any one or more of the contracting public agencies; sue separately
or in conjunction with any one or more of the contractin7 public
agencies; adopt rules and regulations for the works and facilities
operated, maintained or controlled by it; employ or contract for
services and labor by individuals, as well as public and private
corporations, and to do all things necessary or conveniei,t for the
proper performance of this agreement avd the purposes herein' spec-
ified.
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SI'C'I'T0N 3
2� The lioard of UirccLors of Lho 0-range Wittier
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;j I gourd shag.] consist' of five, tnetnbei-s. Carden Grove, Sea! Beach
4IIand 1-k-stminster shall each appoint it person Lo serve as a member
5` of the Board and lluntington ;Beach shall appoint two persons to
5!; serve are mc;nbers of the Board. Each member shrill file with the
71Lle,L Orange County VlaLer Board a certified copy of the resolution
g!i or action of the contracting; publ..c agency which appointed them.
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9t; Persons appointed to be a trvinber of the Board of UirEcec,rs need
10�not be a member of the City Council. or gIovr!rning; body of the
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11contractir.p public iigency which appointed there. to the event
;.2' that additional entities or concerns become a party L'o t.his agree-
13 ;rent as herr.inafter prov;ded, then the membership of this Board
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1411shall be increased by ono member for each additional. party to the
Ingreement unless all of the parties shell agree otherwise.
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The Board shall govern the affairs of the West 0,-angc-
County Water Board and shall annually designate one of its members
to serve as Chairman of the Board. Iie shall preside at all meetings
In his absence, the rer,.aining members of the Board shall appoint a
2111member to act as Chairman pro tem. The Board shall appoint a Sec-
22I retary who may appoictt an assistant secretary for the purpose of
231, conducting and recording the affairs of the West Orange County Water
'14 Board. - The Board uay employ additional personnel to conduct the
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;financial and administrative affairs of the West Orange County Waterl
Board or may contract with one of the parties or any public or I
private concern Lo prov .de such finarci.al and administrL :i.ve service,
gas the Boars may deem necessary from time to time.
SECT10`I 4
The Board nhall designate a location for the office of the
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West:
Orange County 4la
Lnr IZonrci
rind des tgilr.te
a (late, time kind
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place
for the regular
mee .t.ng
of the Board.
The Board sha1.J. also
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j eseablish a means for giving notice to each pnrty to this agree -
went of any specfa'_ mecti.ng of the Board except to Lhe c::tent
that sa.d notice may be waived by the provisions of the Government
5ii Code or other laws of the 5LaLe of Cn;.?fornin. A quoruin for the
7I transaction of bun ness cf the t�cst Orange County Water Board
8- shall require the presence of a majority of its members. Any
9 ' a: tion of the Board shall require an aff: rriative vote by it
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101! majority of the members present at the meeting. All mecti.rigs of
11i the Bnnrd shall be open to the public Lind the Board shall c�iusc
12: it-q secretary to koeu true and accurate minutes of all. meeting.-
15! which are public documents and shall be availablc for inripection
141ar the office of the Secretary, by Rny interested parson or
15;1 concern..
16!1 In accom lis'ling thn purposes herein s deified and exercising
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the powers granted to the West- Orange County Water Board hereunder,
the Eaard shall act in accorda,lce with such requirements as are
j specified by law for a general law city of the State of California.
The HoaO shall establ'.sh such accounts and bookkeeping pro-
21 cedures as are necessary to carry out the purpose of this agree-
22 went. All funds shall be strictly accounted for end all receipts
23 and disbursements shall be duly recorded. The financial records
241 and transaction,, shall be audited by an independent Certified
26 Public Accountant at least once Each year. The at:',.:- provided
26for herein, shall be completed and available to the parties
27 hereto at the earliest possi.ble date, following the end of the
28 particular fiscal year and in no event shell the audit be completed
29 and made available to the parties later than six months following
30 the end of the fiscal year in question.
31 SEMUN 5
321 The expenses of the West Orange County Water Board shall be
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I,, borne by the lea i' Li.e s tic re to on the fo l law inn on s i s
2 i a) Each entity shall be ch.rt;ecl and pay for on a mot►tttly
3; basis, the welter obtained by zt frOM 01(! West Orange County Water
Hoard. The amounL shall be determined by the cost. thereof to the
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5H West Orange County Vlater Loard.
61 b) Costa of operation, rniutenance and ad►ninistration,
711 including directors fees, engineering services, TeUal fees and
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8;' costs, accounting and administrative costs, includii►g the expense
911 of a secretary and assistant secretary, office supplies, and an
20`1 annual audit, as well as such insurance as the Board may. carry,
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111:shall be borne by each entity on the basis of ownership. Owti .rship
12!! shall bc detern:i.ned on Me basis of cacti pa--ty's Proportionate
3.31share of the total cost of constructing all facilities cperat_ed
141tand maintained by the West Orange County Water hoard. In this re-
15f gard the cost to County Water Works District is Nos. 3 and 5 of these
16►facilities le•sed to the cities of Garden Grove and Westminster
77i1shall be used in computing the proportionate share of ownership of
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18I:all facilities operated by the West Orange County Water Eoard. It
19I is acknowledged. r's.dtr ultimately Garden Grove and Westminster will
2011be the owners of those facilities.
21� c) The cost of consLL:.:�.,ting any additional facilities
22 shall be on the basis of capacity in said facilities or as agreed
23 11 upo..i by all the parties. No party to this agreement shall be obli-
2.1 gate) to participate in constructing any facilities nor is any
25 party in any way obligated to pay for any portion of the cost of
20 constructing any facilities in which it does not have an interLst.
27 d) Should it be determined that the West Orange County
28 Water Hoard -is, for any reason, liable to any person or concern.
29 then the cost tb--kreof shall he borne by the parties hereto on the
30 basis of ownership. The extent of such liability shall be deter-
311 mined on the .)asis o' each party's proportionate share of the
321 total cost of ccnsrrucring all .facilities operated and ►naintained
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1!� by the {-lest Orange Cotmty t,'ater Board. Such costs :hall include
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211 nil exp^uses relating thereto, including the defense: of the Hest
3! Orange County W"-Lor Board and its officers ana zmployces, inclusive
4 of legal fees and costs.
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In order that funds will be available during 0--e year to
7" meet the a;.,)ejlscs of the Ivc.st. Orange County VaLer Board, anc in or-
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8.' der that each party to thi-s agr-iemcnt: nkiy budbet for its portion of
91, the e:cpenses of the Vest Orange County i-;at_r_ Board, the Board shall,
1-0� in April o each year, estimate Its costs of operation, imi.ntenance,
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:and administration for the neat succeedint fiscal year. The budget_
shall show the estinu-tted sham of each party tc tills agreement as
herein provided. The governing body of each party s►za11 act upon
the propo,.;c-1 budget prior to July 1 of each year and shall pay
to the West Orange Country Water Board as a deposit against the
icharges of that entity for the next fiscal year, one-half (112)
!of said ainount ott or before August 1 and one-half (112) of said
;amount on or before February 1 of each year. In the event that
19 an entity's deposit exceeds its costs as herein provia-d, the
20 balance thereof shall be credited against the deposit for the next
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succeeding year or returncd to the entity as it may request. In
�t-.he event that the costs or expenses of one of the parties to this
(agreement exceed its deposit of funds as herein prop►ided, additional
I funds in an amount deterr•-1ned by the Board sliall ve .lrposited upon
demand by the West C range county Water Board.
SEQTION 6
Directors shall bo compensated ror attending meetings of
the Board of Directors in an amount fixed by the Board, which
30 amount shall not be in excess of $50.00 per meeting and not in
31 excess of $1.50.00 per month. Additionally, the Board may provide
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1i` for the rei.mburse,iient of traVel.iM,' for Directors betwc_en
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?I, their place of residence and the location of the meeting. The
31 Board may provide for the payment of thL-t exlxnses of a direetoL' Or
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4 ! the secretary if such are directed by tFe Doc,rd to attend any
5 ! meeting or other activity which it L, determi-ned by the Board to
6 be in the best interest of the (lest- Orange County Eater Board and
71which relate; to the accorapltshment of the purposes herein provided
811 for. The Secratnry and Assistant Secrec:ary, if there be one, shall
91; be compensated for their services on the basis of $100.00 per month
101 and $50.00 per month, respectively, unless the Boar J' .3lia] 1 other-
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11iwise provide. The compensation herein provided for shall be in
1.2 addition to any other fee or compensation co v-hich the person
3.311 entitled thereto might otherwise be entitled to receive by reason
141i of some other office or position which they may hold.
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§-UZT J_1
Whenever any municipality, district, corporation or other
public ager.cy, organized and existing under the laws of the State
Iof California, or under the laws of the United States of America
(shall desire to become a party to this agreement, its governing
body shall, by resolution or otherwise find and determine that it
twill be to the best interest and advantage of such entity or
public agency to do so and shall authorize O!e execution and signing
of this agreement upon such terms and conditions as may be agreed
upon by the parties hereto.
SECTION 8
The terms and provisions of this agreement may be alte_ed
or, amended from time to time with the unanimous consent of the
governing body of each party he_•eto. Any of the parties hereto
having the sole use or ownership of any section of the facilities to,
be operated and maintained by the t•lest Orange County Water Board may
determine that it is to their advantage to mainnin and operate
such facilities themselves and thereafter such party or parties
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by the action of their governing hotly may notify tale West Orange
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County Wzst:e'- Hoard of their decision and within thirty ('100) days
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after the receipt of notice of such a determination said party os:
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parties shell Lake over the opc ration and maintenance of such
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facilities. Upon such action the, 1tiesL Orange County [-later Board
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shall be re'_ ievjod of its ob1.LgPLion to operate and maintain those
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facilities. Wir.h the unanimous consent of all pa -:ties 'hereto this
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ngreement may be terminaLed upon nine-ty (90) days written prior
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notice to t'ac Wast Orange County Water hoard at which time the
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affairs of the West Orange County plater Board shall be concluded
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and any assets and funds shall be distributed to the parties to
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this agreement in proportion to the cony rihution to vhich ench
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party contributed to said .-assets.
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SECTION 9
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Any notice or instrument required to be given or delivered
hereunder may be delivered by depositing the same in any receptacle
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of the. United Statr.s Post Office by registe-ed or certified trail,
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prepaid
postage re aid and addressed as follows:
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WEST ORANGE COUNTY 14ATER BOARD
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P. 0. Box 190
Huntington Beach, California
CITY OF GARDEN GROVE
11391. Acacia
Garden Grove, Galifornia'
CITY OF HUNTINGTON BEACH
Civic Center
Huntington Beach, California
CITY OF SEAL BEACH
201 8th. Street
Seal Beach, California, and
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-CITY OF VZSTMINSTER
14381 Olive
Westminster, California
or at such other address as may be desi-nested by similar notice.
IN WITNESS WHEREOF' the parties hereto have caused this
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i� instrument Lu ba executed the day and, year firs hc:reinabove
2written.
14 CITY OF GARDEN' GROVE,
ATTEST; '
i Mayor
51C ty C er c,
6�1 City of Gerdes G! .-we
CITY OF I1UNTINGTON BFAC11
ATTF.S .:.. -�.
.� )-e�2
My Clerk�i'�
9f0; City of Huntington Beach
X4'j CI 1
ATTEST: ` P BEACII r 'flayor
12 City C
City of Seal beach
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CITY OF WESTMINSTER
1ATTEST:
' B �, G
151 ,.iayol• ��
' C Clerk
kj 'I ; City of Westminster
P. 17,
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