4 1 WEST ORANGE COUNTY WATER BOARD
JOINT POWERS AGREEMENT
THIS AGREEMENT, made this arE day of Oatibess:,1967,
by and between the CITY OF GARDEN GROVE, hereinafter. in some in- stances referred to as "Garden Grove", the CITY OF HUNTINGION BEACH, 7 hereinafter in some instances referred to as "Huntington Beach", 8 the CITY OF SEAL BEACH, hereinafter in some instances referred to 9 as "Seal Beach", and the CITY OF WESTMINSTER, 'hereinafter in some in- 10 stances referred to as "Westminster", collectively hereinafter in 11 some instances referred to as "the contracting public agencies", all of whom are general law cities formed under and existing pursuant to • 13 the general laws of the State of California except Seal Beach and :14 Huntington Beach, which exist as charter cities under the laws of 15 the State of Callfornia;
16 WITNESSETH:
RUTAN & TUCKER ATTORNEYS AT LAW -17 WHEREAS; the parties hereto are one of the original parties, 18 a successor to one of the original parties, or an additional party 19 to. the existing Joint Povers Agreement and amendments thereto ''20 under which the West Orange County Water Board was heretofore created, and
It is the desire of each of the contracting public
let i art on city rio of that aprecent a.
23 24H amended; and:
25. MA WHEREAS, each of the contracting public agencies has hereto- 26 fore determined and does at thia time determine that facilities to 127 supply the contracting public agencies with a supply of water nay 28 be gore economically and etrictently operated by the entity created 29 and known as the West Orange County Water Board, and 30 'WHEREAS, the contracting parties are authorized by law to 31 contract with each other for the joint exercise of common powers 32 under Article. I; Chapter: 5, Division 7, Title I of the Government 33 Codé of the State of California, and
WHEREAS; each of the contracting public agencies is authorized 2 by law to acquire, construct, operate and maintain facilities for 3 the purpose of obtaining; transmitting, storing, and distributing a 'supply of water;
•5 NOW, THEREFORE, the contracting public agenices for and in consideration of the mutual covenants herein contained do agree and
7. exercise the foregoing common power as follows:
8 SECTION 1
9 This agreement is made under the provisions of Article I, 10 Chapter 5, Division 7, Title 1 of the Government Code of the State 11 of California and is for the purpose of constructing, operating and i2 maintaining facilities for obtaining, transmitting, storing, and 13 distributing water to the parties to this agreement. 14 SECTION 2
15 "The parties hereto have 'created and do hereby create a sep- TUCKER LAW 16 arate public entity known and designated as the West Orange County 17 Water Board. Said entity was created for the specific purpose of aTTORNEYS 18 constructing, repairing, maintaining, operating and administering RUTAN
19 a juint pipeline or pipelines and other facilities for obtaining, transmitting, storing and distributing water to the parties hereto; It de apecitically agreed that the west Orange County Water Board 22 may take, acquire, purchase! lease, hold and own real and personal property in any manner and of every class or description, contract 24 with public agencies, prlvate persons and corporations; exercise 25 the fight of eminent domain alther by Itself or in conjunction with 26 any one or more of the contracting public agencies; sue separately 27 or in conjunction with any one or more of the contracting public 28 agencies; adopt rules and regulations for the works and facilities 29 operated, maintained or controlled by it; employ or contract for 30 services and. labor by individuals, as well as public and private. 31 corporations, and to do all things necessary or convenient for the 32 proper performance of this agreement and the purposes herein spec- 33 Ified.
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1 • SECTION 3
2 The Board of Directors of the West Orange County Water :3 Board shall consist of five members.. Garden Grove, Seal. Beach 4 and Westminster shall each appoint a person to serve 'as a member 5 of the Board and Huntington Beach shall appoint, two persone to 6 serve as members of the Board. Each menber shall file with the West Orange County Water Board a certifled copy of the resolution 8 or 'actión of the contracting public agency which appointed them.
Persons appointed to be a member of the Board of Directors need 10 not be a member of the City Council or governing bady of the • :
1l contracting public agency which appointed them. In the event 12 that additional entities or concerns become a party to this agree- 13 ment as hereinafter provided, then the membership of this Board 14 shal1' be increased by one member for each additional party to the 15 agreemenf unless, all of the f, bartles' shall agree otherwise.
5.194
AT LAW 16
& TUCKER
17 The Board shall govern thé affaire of the West Orange RUTAN ATTORNEYE 18 County Water Board and ishali annually designate one of its members:
19 to serve as Chalkuan" of the Boar! He shall preside at all meetings 20| In his absence, the remaining members of the Board, shall appoint a• 21 member to act as Chairman pro tem. The Board shall appoint a Sec- 22 retary who may appoint an assistant secretary for the purpose of 23 conducting and recording the aftates of the Vest Orange County Water 24 Board. The Board may employ additional personnel' to conduct the 25 financlal and administrative affairs of the West Orange County Water 26 Board or may contract wich one of the parties or any public or 27 private concerto provide such financial and administrative services 28 as the Board may deem necessary from time to time.
29 30
31 •SECTION 4
32 The Board shall designate a location for the office of the ~ 3-
West orange County Water Board and designate aidate, time and plaçe for the regular meeting of the Board.: The Board, shall also 3 „establish a means for giving notice, to each party to this agree- ment of any special meeting of the Board except to the extent that said'notice may be walved by the provisions of the Government.
Code or other laws of the State of California. A quorum for the transaction of business of the West Orange County Water Board. 8 I shall require the presence of a majority of Its members. Any action of the Board shall require an affirmative vote by a majority of the membera present at the meeting. All meetings of 11 the Board shall be open to che e public and the Board shall cause 12 Its secretary to keep true and accurate minutes of all meetings 13 which are public documents and shall be avallable for Inspection 14 at the office of the Secretary, by any interested person or 15 concern.
CKER LAN 16 In accomplishing the purposes herein specified and exercising 17 the powers granted to the West: Orange County Water Board hereunder, • 18 the Board shall act in accordance with such requirements as are RUT • 29
spected by law for a general lawicity of the State of Callfornia. 20 The Board shall escablish such accounts, and bookkeeping pro- 21 cedures as are necessary to carry out the purpose of this agree- ment, Ail funds shall be strictly decounted for and all receipts 23 and babur sementa shall be dily recorded. The fihancial records and cransactions shall be audtted by an independent Certified 425 Pablic Accountant at Least once each year. The audit, provided £26 for herein, shall' be completed and avallable to the parties:
'27 hereto, at the earliest passible date, following the end of the 28 parttoular fiscal year and in no event shall the audit be completed 29 and made avallable to the parties later than six months. following 730 the end of the flscal year in question:
31 •SECTION 5
32 The expenses of the West Orange County Water Board shall be -4-
borne by the parties hereto on the following basis:
2 ą) Each entity shall be charged and pay for: or a monthly 3 basis, the water obtained by it from the West Orange County Water Board. The amount shall be deterpined by the cost thereof to the • 1. =
5 West Orange County Water Board.
6 b) Costs of operation, maintenance and administration,. 7 Including directors fees, engineering services, legal fees and 8 costs, accounting and administrative costs, including the expense of a secretary and assistant secretary, office supplies, and an 10 annual audit, as well as such insurance as the. Board may carry, 11| shali be borne by each antity on the basis of ownership. Ownership 12 shall be determined on the basis of each party's proportionate 13 share of, the total cost of constructing all facilities operated 14| and maintained by the West Orange County Water Board. In this. re- 15 gard the cost to County Water Works Districts Nos. 3 and 5 of those TUCKER LAw 16 facilities leased to the cities of Garden Grove and Westminster 17 shali be used in computing the proportionate share of ownership of RUTAN ATTORNEYS 18 all factiities operated by the West Orange County Water Board. It 19 is acknowledged that ultimately Carden Grove and Westminster will be the oiters of those facilities
MY c The cost of cogstruating any additional, facilit leg 22 shall be on the bast or capacity li said facintles or as agreed 23 upon by all thei parties No party to this agreement shall be obt 24 gated to participato ta constructing any facilitles nor is any t 25 party in any way pbirgetad to day for any portion of the cost iot 26 constructing any factlities In which it does not have an interest 27 a) Should it be deteruined that the west örange County; 28 Water Board 1ä, for any reason, ltable to any person or concern, 29 then the cost thereof shall be borne by the partles hereto on the 30 basis of ownership., The excent of such llabllity shall be deter- 31 mined on the basis of each party's proportionate share of the 32 total cost of constructing all facilities operated and maintained - 5
by the West Drange County Water Board! Such costs shall include all expenses rélating thereto, Including the defense of the west! Orange County Water Board and its öfficers and employees, Inclusive! of legali fees and costs.
5 6 In order that funds whit be avallable during the year to meet the expenses of the West Orange County Water Board, and in or- 8: der that each party to this agreement may budget for its portion of of the expenses of the west Orange County Water Board, the Board shall, 10g in April of each year, estimate its costs of operation, maintenance, 111 and administration for the next succeeding fiscal year. The budget 12 shall show the estimated share of each party to this agreement as 13 herein provided. The governing body of each party shall act upon 14 the proposed budget prior to July 1 of each year and shall pay 15 to the West Orange County Water Board as a deposit against the LAW 161 charges of that entity for the next fiscal year, one-half (1/2) 17 of said amount on or before August 1 and one-half (1/2) of said
RUTAN & TUCKER
ATTORNEYE 18 amount on or before February 1 of each year. In the event that 19 an entity's deposit exceeds its costs as herein provided, the balance thereof shall be credited against the deposit for the next 21 succeeding year or returned to the entity as it may request. In 22 the event that the costs or expenses of one of the parties to this 23 agreement exceed its deposit of funds as herein provided, additional 24 funds In an amount determined by the Board shall be deposited upon 25 demand by the West Orange County Water Board.
26 27 SECTION 6
28 Directors shall be compensated for attending meetings of the board of Directors, in an anount fixed by the Board, which 29 130 amount shall not be in excess of $50.00 per meeting and not in. 31 excess of $150:00 per month: Additionally, the Board may provide 32 1//
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SORASADISE
for the relabursent of Frarel, menses; for Directors between their place of residence and the location of the meeting. Ther 3 Hoard my provide for the paymens of the expenses of a director on 4 the secretacy it such are directed by the Board to attend agy 5 meeting or other acctvity which it is determined by the Board to 6 be in the best interest of the West Orange County Water Board and ? which relates to the accomplishment. of the purposes herein provided for?. The Secretary and Assistant Secretary, If there be one, shall 9 be compensated for thelr services on the basis of $100.00 per month 10 and $50:00 per month, respectively, unless the Board shall other- 11 wise provide: The compensatton herein provided for shall be in iè laddition to any other fee or compensation to which the person 13 entitled thereto might otherwise be entitled to receive by reason 14 of some other office or position which they may hold. 15 SECTION Z
16 Whenever any municipality, district, corporation or other 17 public agency, organized and existing under the laws of the State RUTAN & (TTORNEYS 18 of California, or under the laws pf the United States of America 19 shall desire to become a party, to this agreement, ita governing body' shall, by resolution or otherwlae find and determine that it will be to the best laterest and advantage of such entity or public agency to do sa and shall authorize, the execution and signing 23 of this agreement upon such terns and condttions as may be agreed 24 upon by the parttes hereta:
25 % SECTION '8
26 The terms and provisfong, of this agreement may be altered 27 or amended from time to time-with the unanimous consent of the 28 governing body of each party hereto. Any of the parties hereto 29 having the sole 'üse or ownership of any section of the facilities to 30 be operated and maintained by the West Orange County Water Board may 31 determine that it do to their advantage to maintain and operate 32 such facilitles themselves and thereafter such party or parties ¡by the action of their governing body may notify the West Örange 12 County water board of thetr decision and wichin thirty (30) day. after the receipt of notice of such a determination sald party or parties shall take over the operation and maintenance of such facilities. Upon such action the West Orange County Water Boardi shall be relievéd' of its obligation to operate and maintain those factitties. With the unannous consent of all partles hereto this ¡agreement may be terminated upon ninety (90) days written prior 9 nötice to the West Orange County Water Board at which time the 10 affairs of the West Orange ;County Water Board shall be concluded ,11 and any assets and funds shall be distributed to the parties to 12 this agreement in proportion to the contribution to which each : 13 party contrlbuted to sald andets,
14 SECTION 2
Any notice or instrument required to be given or delivered 16 hereunder may be delivered by depositing the same in any receptacle 7 of iche United States Post Office by registered or certified mail, postage prepaid and addressed as follows:
WEST ORANGE COUNTY WATER BOARD
P. O.: Box 190 :
Huntington Beach, Çaltfornia
CITY OF GARDEN GROVE
11391 Açaçia:.
"Garden Grove, California
CITY OF HUNTINGTON. BEACH
Civic: Centerr":
Hist ngon Beach, CaltRomia
CITY OF SBAL BEACH",
201:8th Street..
Seal: Beach; California, and
wipe
CITY. OF-WESTMINSTER
14381. Olive in
Westminster, califonia
29 or at such other address as may be designated by similar notice. 30 IN WITNeSS WHeRe the partles hereto have causied this 4 11/
32 11/
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1 instrument to be executed the day and year firgi hereinabove wiitten.
Are Leven Elianer
City Clerk;
Otty of Garden Grove
CITY OF HUNTINGTON BEACH
Pas Cle
9. City of Huntington Beach
10 CITY OF PACH
ATTESI "
1 BY
Rita Weir Mayor
1'2 Mty
City of Seal Beach
13 CITY OF WESTMINSTER
1 4
Arteri share i Jutin shitey
947 of Westminster
RUTAN & TUCKER ATTORNKYS AT LAW
1 9
20 21
22 23 MAASADER
24 25
26 28
29 32
1 RESOLUTION NO. 61-6?
2 RESOLUTION OF THE BOARD OF DIRECTORS
OF WEST ORANGE COUNTY WATER BOARD
3 DETERMINING PERCENTAGES FOR ALLOCATION
OF COSTS OF OPERATION, MAINTENANCE AND
4 ADMINISTRATION
5 6 WHEREAS, the Joint Powers Agreement providing fur the exist- 7 ence and operation of the West Orange County Water Buard has been
8. revised and recommended by this Board for approval by the particip- 9 ating entities, Garden Grove, Huntington Beach, Seal Beach, and 10 Westminster, and
1l WHEREAS, the City Council of Garden Grove, Huntington Beach,
12. Seal Beach and Westminster have approved the proposed revised 13: Joint Powers Agreement providing for the creation and operation of the West Orange County Water Board, and
150 WHEREAS, the agreement approved by each of the participating 16 entities provides that costs of operation, maintenance and adminis- RUTAN & TUCKER • ATTORNEYS AT LAW 17i tration including director's fees, engineering services, legal fet 16, and costs, accounting and administrative costs, including the ex- 19) pense of the Secretary and Assistant Secretary, Office supplies and an annual audit, as well as such insurance as the Board may 21(j carry shall be borne by each entity on the basis of uwnership, and ! 22 WHEREAS, said agreement provides that ownership shall be 23/ determined on the baois of each party's proportionate share of the 24j total cost of constructing all facilities operated and maincained 25 by the West Örange County Water Board, and
26 WHEREAS, the percentages hereinafter set forth were deter- 27j mined on the foregoing besis and presented to each entity at the 281 time of tha approval by that entity of the revised Joint Powers 29 Agreement prolding fox, the creatlon and operation of the west 30 Orange County Met rd:
31 NOW THA It resolved, determined and ordered as
32 follows: 2:
1) That the coat of operation, maintenance, and administra- 2i tion of the West Orange County Water Board shall be borne as fol- 3 lows:
Garden Grove 7.8%.
Huntington Beach 52.5%
Seal Beach 14.3%
Westminster 25.4%
6 7 2) That the foregoing percentages represent a composite 8: figure of the proportionate share of the total cost to each entity of constructing West Orange County Feeder No. 1 and West Orange 10 l County Feeder No. 2, these being the facilities which are at this Il! time operated by the West Orange County Water Board. 12: 3) That the Secretary of the West Orange County Water Board 13l0 be and the same is hereby directed to transmit a certified copy 14: of this resolution to the City Clerks of Garden Grove, Huntington 15 Beach, Seal Beach and Westminster.
CKER LAW 16li
17 ADOPTED, SIGNED and APPROVED this 250 day of October, 1967.
RUTAN & ATTORNEYS 18 Pial
29 Chai/tan of the WEST ORANGE COUNTY
20 WATER BOARD and of the Board of Direc-
tors thereof.
21 ATTEST:
22 23 #TORAGE COUNTY
Secretary
24 Directors thereof.
25 26
27 28
29 30-
31 8a
:::: -
1 STATE OF CALIPORNIA
2 COUNTY OF ORANGE
3 • I, PAUL C. JONES, Secretary of the Board of Directors of the WEST ORANGE COUNTY WATER BOARD, do hereby certify that the fore- 5 going resolution was duly adopted by the Board of Directors at a regular meeting of said Board held on the 25th day of October, 7: 1967, and that it was so adopted by the following vote:
8 AYES: DIRECTORS; Lake, Jarrett, Gisler, Green,
Hamilton
9 io NOES: DIRECTORS: None
11 ABSINI: DIRECTORS : None
12,
13.1 14
SecretaRD and of the Board of Directors of the WEST ORANGE COUNTY 15 thereof.
16 RUTAN & TUCKER 17
ATTORNEYE
18 19
20 21
:
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24 25
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28 2
1 STATE OF CALIFORNIA
3 88
2 COUNTY OF ORANGE
3: I, PAUL C. JONES, Secretary of the WEST ORANGE COUNTY WATER 4 BOARD do hereby certlfy that the above and foregoing is a full, 5 true and correct copy of Resolution No. 64-67f said Board, and that the same has not heretofore been amended or repealed. 7 Dated this 25t day of October , 1967.
8 9
Secretary of the WEST ORANGE COUNTY WATER
10 BOARD anc of the Board of Directors
thereof.
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