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1961-0911_TRI-CITIES MUNICIPAL WATER DISTRICT_AgreementAGREEMENT FOR JOINT CONSTR70CTION AND OPERATION OF WATER TRANSMISSION FACILITIES THIS AGREE,NIENT, made and entered into on this the If SEPTEMBER day of «ss£, 1961, by and between TRI -CITIES V7JNICIPAL PATER. DISTRICT, organized and existing under the Califorvia municipal Water District Act of 1911, hereinafter referred to as "Tri -Cities", MOULTON-NIGUEL NK2ER DISTRICT, organized and existing under the California Water District Law, hereinafter referred to as "Moulton - Niguel", ORANGE COUNTY WATER WORKS DISTRICT NO. 4, organized and existing under the County Waterworks District Law of California, hereinafter referred to as "Uaterw:orks District Zl.o. 4" and IRVINE RANCH WATER DISTRICT, organized and existing unr_'c- the California Water District Law, hereinafter __fzzred to as "Zr-,ire", EXPLAIIATO^Y RrC_I.TAI;S (a) All of the districts hereinbafo_e named, created un- der the respective acts hereinbefore mentioned, have co.;.n:on power to acquire and construct a water.iorks system. (b) All of said districts are authorized to contract with each other for the joint exercise of any cordon power under Article 1, Chapter 5, Division 7, Title 1, of the Government Code. (c) In 1960, Tri -Cities undertook and began the construe - tion of a water transmission line from San Clemente to what is now known as the proposed Coastal Junction of the proposed East Orange County Feeder No. 2, for the purpose of obtaining water from the Metropolitan water District of Southern California for use in its district; that this propcsed line will hereafter be referred to as "Tri -Cities Main;" that a portion of the line be- tween San Clemente and the Southeasterly boundaries of Moulton - 1. Niguel Water District has been substantially completed. (d) That on March 9, 1961, Tri -Cities and Moulton -Niguel entered into a joint powers agreement for the joint construction and op�iation of a portion of said Tri_ -Cities Main running from said Southerly or Southeasterly boundaries of Moulton -Niguel to a point known as the "Y", which lies in the Northerly end of the boundaries of said Moulton -Niguel, all as shown on Exhibit A at- tached hereto. (e) The parties hereto believe that by joining them- _. selves together in this joint powers agreement for the construc- tion and operation of water transmission and distribution facili- ties through the balance of said Tri -Cities Main extending from said "Y" to a point known as Coastal Junction on the proposed East Orange County Feeder No. 2 of the Metropolitan Nater Dis- trict, as shown on said Exhibit A, a considerable saving can be affected in such construction and operation by all of the agencies involved in this agreement. OPERATING PROVISIONS AND AGREEMENTS NOW, THEREFORE, in consideration of the premises and of the mutual benefits which will result to the parties thereto and of the mutual covenants herein provided, IT IS AGREED by and be - 1 V..... _.-_-- tween the parties hereto and their successors in interest, as follows:. _ I. That the parties hereto do hereby enter into this agree- ment pursuant to and under the provisions of said Article 1, Chapter 5, Division 7, Title 1 of the said Government Code for the purpose of constructing, acquiring and operating a joint project,_.to-wit, a water transmission line and appurtenances 2. thereto extending from said "Y" to said Coastal Junction; that +said_line_is -hereby designated "Water Transmission Main Unit No. 1, Tri-Cities_14enicipal.Water District." That said purpose will Zie--accomplished-,and.the common powers exercised in the manner here- after se -forth-. _Time is.of the essence of this agreement. said. Sc EL vci.a .ghat Tri-Citi.es.is hereby designated as the contracting -_gythority_for said joint•.project and administering agency for �iis;=agreement. � r. ---III. - ci:• _- se'vec tThat-.upon:the`execution of this agreement; Tri -Cities shallzieause, des..igns�and:.construction plans andspecifications tgc4e;prepared,.for-the _construction of a transmission -Line and appurtenances thereto, -of sufficient size and design suitable foz,_the needS;of..the_cdntracting parties to this agreement; that aLicopy Qf the .preliminary. plans and'specifications=shall be fur- r1ig11Zd -to .each of _the contracting agencies; that upon the com- A� tion Lot;the.'final plans and specifications, Tri -Cities will furnish to each Cof>'said- _contracting agencies ttie-.final construc- tion plane;_and:-sgecifications together with a proposed -contract icor- eonstru( tUon_'along -with the Engineer's best =estimate as to tEYfe cgsts_ o -;the construction. -- _5 r.C=_,-, tv,een `n-- IV. folio.,: --After approval of said construction plans and specifica- tions by Moulton -Niguel, waterworks District No. 4 and Irvine, Tri -Cities -.-shall. proceed to let the contract to" tlid-lowest responsible- bidder_7fbr_.the construction of said- trans mission e bine ,and appurtenances according to the said plans -and specifi- cations, provided, however, that no such contract shall be let by- TrirCities until Tri -Cities has obtained.the written approval 3. of the other three contracting parties to the award of such con- tract. After any construction contract has been awarded, Tri - Cities shall keep all necessary accounts thereof, and shall super- vise construction so that the construction is performed according to the contract and the construction plans and specifications,. and no expense for extras shall be charged to the other three contracting parties by Tri -Cities unless the written authoriza- tion is received from the Board of Directors of each of the other three districts, which resolution shall authorize the doing of such extra work; that any party to this agreement shall have the right, at its own expense, to inspect the work of construction, provided that such inspection shall not inter- fere with or delay the construction and completion of the work. V. Each of the agencies involved in this agreement agrees to pay its proportionate part of the gonstruction costs, which shall include but shall not be limited to engineering fees and costs, legal expenses, costs of acquisition of necessary easements and such other expenses as are actually incurred in the construction of said transmission line and necessary appurtenances thereto, according to the ratio of'the capacity rights of the parties in the respective segments of the pipeline, as shown in the engin- eering estimates furnished by Boyle Engineering, as contained in Paragraph VI hereof. The transmission line and appurtenances thereto acquired by the joint exercise of powers under this agree- ment shall be the property of the parties hereto in proportion to the capacity rights of each, as provided in Paragraph VI, hereof; VI. The capacity rights of the parties to this agreement in the portions of the transmission main shall be as follows: I' 4. 1 M L6cation_6f Participating Capacity -Pipeline Districts c.f.s. $tach=I.- _ -Junction' Tri -Cities M.W.D. 23.4 Coastal Aloulton-Niguel W.D. 45.0 to,Laguna Canyon= Orange -County_:. -- Road W.W.D. 44 15.0 18.0 _Irvine,Ranch W.D. ---5.0 Capacity -Omer- ship Percentage 26.4 aac r:o e;: -,,.Total, .. --88.4 100.0 VII. sna11 I l Vc i' ri C Tri -Cities shall.keep proper books of record and account in which complete and correct entries shall be made of all trans- actions (including all receipts -and disbursements) relating to the 1. acquisition, construction, a&Anistration, maintenance, operation and repair of said joint project. Said books and records shall,. --.�.-- upon written request, be subject to inspection by any duly author- ized -representative of_any party hereto. Tri -Cities shall bill- the.other contracting parties by_means of written statements for sucr. oc: _ -- - .. - t4eir.proportionate share of the costs of any construction costs, G_ SE__L..�...-.1___ as determined by their capacity ownership percentage. All pay- - - - ments shall be made by the other_ contracting parties to Tri -Cities. within within 20 days after receipt of such written statements. _Upon completion-of_the joint project, any surplus money on hand shall be returned to each party in proportion to the contribution each here:- = has made._ - VIiI. tc the It shall be the duty of Tri -Cities to receive water into here:. said water transmission line and to operate same, including the service connections, in an efficient manner, and to maintain and preserve said, line and service connections in good working 23.4 28.0 Laguna Canyon Moulton -Niguel W.D. 45.0 54.0 Aida to= Oran e'Count g Y - W.W.D. ;}4 15.0 18.0 Total 83.4 100.0 VII. sna11 I l Vc i' ri C Tri -Cities shall.keep proper books of record and account in which complete and correct entries shall be made of all trans- actions (including all receipts -and disbursements) relating to the 1. acquisition, construction, a&Anistration, maintenance, operation and repair of said joint project. Said books and records shall,. --.�.-- upon written request, be subject to inspection by any duly author- ized -representative of_any party hereto. Tri -Cities shall bill- the.other contracting parties by_means of written statements for sucr. oc: _ -- - .. - t4eir.proportionate share of the costs of any construction costs, G_ SE__L..�...-.1___ as determined by their capacity ownership percentage. All pay- - - - ments shall be made by the other_ contracting parties to Tri -Cities. within within 20 days after receipt of such written statements. _Upon completion-of_the joint project, any surplus money on hand shall be returned to each party in proportion to the contribution each here:- = has made._ - VIiI. tc the It shall be the duty of Tri -Cities to receive water into here:. said water transmission line and to operate same, including the service connections, in an efficient manner, and to maintain and preserve said, line and service connections in good working order-and_composition._all in accordance- with recognized engin- edging-practices. -=- -- - LD 1-a =ln'connection with said operation of the line by Tri -Cities, it is agreed as follows: - =• - (a) Tri -Cities will purchase said water for all the par- ties to -this agreement, in accordance with the terms and conditions o,€=the-water` service contracts for delivery of Metropolitan water, - and -in. -accordance -with their requirements.o__,-____-.-.-_._ (b}' -It -.is agreed that Tri -Cities will -install the neces- sary meters and appurtenances that may be required to account for the water -delivered to each district, and further that each dis- z-'-. tric-.t will bear -the full cost of each rioter and appurtenances in- staIled for -its -sole -use; -and will share -the cost of each meter aan`Lappurtenance'installed for joint use in proportion to their capacity-requirewents-. {dS That -Tri -Cities will operate said transmission line, con€rol�deirices; and all meters and appurtenances, and Tri -Cities :� omar:=-- � -•.__ :. _ ._.- - will ead `a11-me_ters=at-periodic intervals -and --account for all water delibered"'to thie respective districtsde .- (d) -`In -the -event of a discrepancy-inin ^meter readings show- -_ // 7' -fro � M"qD _ ing a ciffereace-in viaten purchasedrand delivered to the respective ist. ric�gs 7=--'- � - - or screpancy is to be adjusted_ in_ proportion to'the esJmated�amountao f eater'used by each district to conform with the t6tal_aMoUht-off water- purchased. mea {e) It is agreed that all operational costs, including the incildental accounting and administrative costs in connection therewith; wi1T iill ie'paid by each district'inyproportion to its water use, and each of said districts will reimburse Tri -Cities -for its share of said costs. z;; c It is -agreed that Tri -Cities will iriaintain said 6. facilities; including necessary improvements, repairs, adjustments and rep lacements,-.and that said maintenance costs, including in- cidental -accounting and administrative costs in connection there- with, wi1Z-,be._paid by each distric'�.in_proportion to its capacity r u n c i-) ownership- in - each- element of said facilities. In the :event.. of the necessity for major. repairs, Tri -Cities shall;iramediately_contact each of .the parties to this agreement for approval of__such,repairs, and if after reasonable time said dtistricts-or_ a:iy, of them. fail to approve such major repairs, Tri - Cities israuthorized_:to have such repairs made in order to pre- sgrve itha,,continuous-operation of- the- line,.. -and each of the other districts shall_ be liable for its_zhare thereof in pro:ortion to its capacity ownership in each elc:i.2nt of -said facilities. c�(g)_ The parties to tnis agreament:have made this joint ppwors-,agreement_for the specific.purpose of obtaining a supple- mCantal water_supply,through the facilities of the :',etropolitan Water District_of,Southern California::- To the end that the opera- tion-of_the.jointly-owned facility wi11_be'maintained at the high- efst;e.fficieocy possible with the lowest.cbst;-the parties agree that,.they_will.confer with each other and pool their talents and abilities even though Tri -Cities will be:the responsible ogeratinq ageast two meetings'_a`year:during the life of this agreement -will -be held, in March arid,Septerioer of .each year, b33 the. -directors of the districts and -their .staff nernbers for the ' pu,pose-of_reviewing past experience, operating procedures and any difficulties that may have developed; as -well as discussions of future -operations maintenance, and-any--expenses-in connection thee47iLn: Should any inequities -develop in the future operations under this agreement, all parties agree that they will in good faith negotiate and eliminate such inequities so that this agree- -- -- � ment and the operation thereunder Will at all'times be fair to the parties hereto. IN WITNESS WHEREOF each of the parties hereto has caused this agreement to be executed by its officials, thereunto duly authorized, as of the day and date first above written, which day and date shall be the effective date of this agreement for all purposes.. .N Ay /l l J - (SEAL) TRI -CITIES MUNICIPAL WATER DISTRICT By sec - y. 1110UL^ i:si ' 'STRICT Pres. /f Sec' Y. ORIUZGE CG' aT'Ll j,;Am*:R 1,702--'S DISTRICT No. 4 L. B. /WALLACi COUNTY CLERK Dv �� DEPUTY IRVINE RANCH WATER DISTRICT By Pres. (SEAL) Secy. :.w 0 NP 0 0 WOODSIDE/KUSOTA A ASSOCIATES, INC. conw�nNo 501 West Dyer Road • Santa Ana, California 92707-3393 • Phone: (714) 979-5240 SNOINaSSS MEMORANDUM TO: Rosalie Moret/CVWD FROM: Norrah Andersen DATE: April 17, 1986 SUBJECT: Second Amendment to Agreements for Joint Construction and Operation of Water Transmission Facilities Enclosed herewith is one copy of the subject agreement for your files. This agreement has been fully executed and is on file with the Tri -Cities Municipal Water District. Enclosure In San Diego County, Carlsbad 9 0 SECOND AMENDMENT TO AGREEMENTS FOR JOINT CONSTRUCTION AND OPERATION OF WATER TRANSMISSION FACILITIES THIS AGREEMENT, entered into as of , 1985, by and between TRI -CITIES MUNICIPAL WATER DISTRICT, organized and existing under the California Municipal Water District Law of 1911 ("Tri -Cities"), MOULTON-NIGUEL WATER DISTRICT, organized and exist- ing under the California Water District Law ("Moulton -Niguel"), CAPISTRANO VALLEY WATER DISTRICT, organized and existing under the County Waterworks District Law of California ("Capistrano Valley") and IRVINE RANCH WATER DISTRICT, organized and existing under the California Water District Law ("Irvine"). RECITALS A. On September 11, 1974, Tri -Cities, Moulton -Niguel, the predecessor -in -interest to Capistrano Valley, and Irvine entered into an agreement, entitled "Agreement for Joint Construction and Operation of Water Transmission Facilities," (hereinafter, the "1961 Joint Powers Agreement") for the joint exercise of powers for the construction and operation of certain water transmission and distribution facilities (such water transmission and distribution facilities are hereinafter referred to as the "Joint Agency Facilities"). B. Under the 1961 Joint Powers Agreement, the parties thereto agreed in Section VIII(g) to meet at least twice each year, in March and September, to review operation, maintenance and other 0 0 matters affecting the Joint Agency Facilities. C. On February 16, 1977, Tri -Cities, Moulton Niguel, the predecessor -in -interest to Capistrano Valley, and Irvine amended the 1961 Joint Powers Agreement by entering into an agreement entitled "First Amendment to Agreements for Joint Construction and Operation of Water Transmission Facilities Including Provisions for Temporary Reservoir [ase" (hereinafter, the "1977 Joint Powers Agreement"). O. Section VII(g) of the 1977 Joint Powers Agreement pro- vides in pertinent part that "It is agreed that rather than holding only two (2) meetings a year of the agencies, for the indefinite future, Tri -Cities will schedule a meeting every other month of the directors of the districts and their staff members for the purpose of reviewing past experience, operating procedures and any diffi- culties that may have developed, as well as discussions of future operation, maintenance, and any expenses in connection therewith." E. Tri -Cities, Moulton -Niguel, Capistrano Valley and Irvine mutually agree that it is no longer necessary or desirable for them to meet on a regular basis every other month to review the operation, maintenance and other issues pertaining to the Joint Agency Facilities, and accordingly desire to enter into this Agreement to modify the scheduling of joint agency meetings hereinafter set forth. Page 2 of 4 pages 0 0 AGREEMENTS NOW, THEREFORE, in consideration of the facts set forth above, the parties hereto agree as follows: Section 1: Notwithstanding the provisions of Section VII(g) of the 1977 Joint Powers Agreement, the parties hereto shall meet at least twice each year, during the months of May and November, for the purpose of discussing the operations, maintenance and any other relevant issues with respect to the Joint Agency Facilities. Tri -Cities shall be responsible for scheduling these regular joint agency meetings. In addition to the regular joint agency meetings, any party hereto may call for a meeting of the joint agency to discuss any matter relating to the Joint Agency Facilities, and Tri -Cities shall schedule any such meeting within twenty (20) days of receipt of a written request therefor from any party. Section 2: Other than the modification set forth in Section 1 hereinabove, all of the terms and conditions of the 1977 Joint Powers Agreement shall remain in full force and effect. WHEREFORE, the parties hereto have executed this Agreement as of the date first written above. APPROVED ASITO FORM: TRI-CI'yIES Gen ral Counsel TRI CITIES MUNICIPAL WAT R DISTRICT IPAL WATER DISTRICT res Attest Secretary Page 3 of 4 pages 9 0 APPROVED AS TO FORM: MOULTON-NIGUEL WATER DISTRICT ZBy B _ � resident General Counsel, MOULTON- CCC/ NIGUEL WATER DISTRICT 1 Attest, Secre ry APPROVED AS TO FORM: CAPISTRANO VALLEY WATER DISTRICT B Ge eral Counsel, CAPI RANO LLEY WATER DISTRICT APPROVED AS TO FORM: By Ge ral Counsel, IRVINE R CH WATER DISTRICT At IRVINE RANCH WATER DISTRICT By President Attest % Secretary Page 4 of 4 pages