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HomeMy WebLinkAboutAgenda Report - July 3, 1996 (55)COUNCII. COMMUNICATION <rFoa''• AGENDA TITLE: Joint -Powers Agreement for East San Joaquin Parties Water Authority MEETING DATE: July 3, 1996 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council approve the attached Joint -Powers Agreement and authorize the Mayor to execute the Agreement. BACKGROUND INFORMATION: The purpose of this Joint -Powers Agreement is to formally develop a public entity for the purpose of developing, negotiating, and entering into contracts which would meet the water deficiencies of eastern San Joaquin County. Each member of the authority, Lodi is one, would have one vote. A unanimous vote of all members of the Authority is required regarding the adoption of any plan or agreement for a water project. Any agreed upon water project would require another agreement signed by all parties. Any employees or consultants required would be hired and paid for by the County. The wording of this Agreement has been reviewed by the City Attorney. FUNDING: Not applicable. JLRflm Attachment cc: City Attorney 4 Jack Ronsko ublic orks Director APPROVED: _ ___... H. Dixon Flynn -- City Manager CESJPWA.DOC 06/25/96 Draft: June 10, 1996 A -96 - EAST SAN JOAQUIN PARTIES JOINT EXERCISE OF POWERS AGREEMENT EAST SAN JOAQUIN PARTIES WATER AUTHORITY THIS AGREEMENT is made by and among the San Joaquin County Flood Control and Water Conservation District ("County District"), the City of Stockton ("Stockton"), the City of Lodi ("Lodi"), Stockton East Water District, ("SEWD"), Central San Joaquin Water Conservation District ("Central"), Woodbridge Irrigation District ("Woodbridge"), and North San Joaquin Water Conservation District ("NSJWC"), collectively called the "Members". The Members hereby agree as follows: ARTICLE I GENERAL PR..OVISIONS Section 1.01. Creation of Authority. Pursuant to Government Code Section 6500 et seq. there is hereby created a public entity to be known as the "East San Joaquin Parties Water Authority" which shall be a public entity separate and apart from the Members, and shall administer this Agreement. Section 1.02. Pu=s . The purpose of this Agreement is to plan, alone or in conjunction with East Bay Municipal Utility District, and/or Sacramento County public entities, and/or other public entities, a project, or projects, to meet the water deficiencies of Eastern San Joaquin County. It is contemplated that implementation of any project will be through development of another agreement by the parties. ARTICLE II POWERS Section 2.01. Powers. The Authority is hereby authorized., in its own name, to do all acts necessary for the exercise of the foregoing powers including, but not limited to the making and entering into contracts, except as to employment and consultant contracts. Section 2.02. Restrictions on Exercise of Powers. The powers of the Authority shall be exercised in the manner provided in Government Code Section 6509 and to the restrictions upon the manner of exercising such powers that are imposed upon the County District in the exercise of similar powers. ARTICLE III GOVERNING BODY Section 3.01. Governing Board. The Authority shall be administered by a Board of Directors ("Board"), one appointed by each of the Member entities with a designation of an alternative Director to serve as a replacement for the appointed Director as needed, to serve at the pleasure of their appointive governing body. The Board shall be called the "East San Joaquin Parties Water Authority Board". All voting power of the Authority shall reside in the Board. Section 3.02. Meetings of the Board. The Board shall provide for calling and conducting its regular meetings and special meetings, in accordance with Government Code Section 54950 et seq. Section 3.03. Minutes. The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to each of the Members. Section 3.04. Voting. Each Director shall have one vote. Section 3.05. Quorum: Required Votes: Approval. A quorum of the Board for the convening of any meeting shall consist of a majority of all Directors, or designated alternative Director. The unanimous vote of all Directors shall be required for any action of the Board of Directors regarding the adoption of any plan, or portion thereof, for a project. Section 3.06. Bylaws. The Board may adopt, from time to time, such bylaws and regulations for the conduct of its meetings as are necessary for the purposes hereof. ARTICLE IV OFFICERS AND EMPLOYEES Section 4.01. Chair. Vice -Chair. and Executive Director/Secretary. The Board shall elect a Chair and Vice -chair from among the Directors, and shall appoint an Executive Director/Secretary, who may, but need not, be a Director. The officers shall serve at the pleasure of the Board, shall perform the duties normal to said offices, and A. The chair shall sign all contracts authorized by the Board and shall perform such other duties as may be imposed by said Board; B. The vice -chair shall act, sign contracts and perform all of the chair's duties in the absence of the chair; and C. The Executive Director/Secretary shall countersign all contracts signed by the chair or vice -chair on behalf of the Authority, perform such other duties as may be imposed by the Board. Section 4.02. Treasurer and Auditor. A. The County Treasurer shall be the depositary, shall have custody of all the money of the Authority from whatever source, and shall have the duties and obligations of the Treasurer as set forth in Government Code Sections 6505 and 6505.5. The County Treasurer shall be responsible for receiving quarterly reports from the Secretary and verifying the balance of this report with respect to the balance as maintained by the records of the County Auditor. -2- B. The County Auditor shall have the duties and obligations of the Auditor set forth in Government Code Sections 6505 and 6505.5. The County Auditor shall assure strict accountability of all receipts and disbursements of the Authority and shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority. Section 4.03 Officers in Charge of Records: Funds: and Accounts. Pursuant to Government Code Section 6505. 1, the County Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. Section 4.04. Employees and Consultants. The Board may make recommendations to the County District for the employment of employees or consultants to provide services to the Authority to accomplish the purposes of the Authority. The County Disirict shall be the employer of all employees and consultants and shall execute contracts, supervise and direct, and provide payment for such employees and consultants. ARTICLE V ACCOUNTS AND REPORTS: FUNDS Section 5.01. Accounts and Reports. The County Auditor shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of the Authority shall be open to inspection at all reasonable times by the public and representatives of the Members. The Auditor, within 120 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to the Members. Section 5.02. Funds. The County Treasurer shall receive, have the custody of and disburse Authority funds on warrants drawn by the County Auditor as nearly as possible in accordance with generally accepted accounting practices, shall make the disbursements required by this Agreement, or to carry out any of the provisions or purposes of this Agreement. Section 5.03. Annual Budget, The County District shall adopt a budget for the Authority. The Authority Board may make recommendations to the County District concerning the budget. The County District shall provide funds as set forth in the adopted budget. Other members may make voluntary contributions which shall be included in the budget adopted by the County District. The voluntary contributions may be limited to specific expenditures, if so limited prior to the adoption of the budget. Section 5.04. Intention for Reimbursement for Expenditures From Bond Proceeds. It is the intention of the Members that the advancement of monies by any Members for the expenses of the operational needs of the Authority may be reimbursed from the proceeds of bonds, if issued, for the water development projects subsequently undertaken by the Authority or by its -3- successor organization, by vote of the Board. ARTICLE VI ASSOCIATE MEMBERSHIP Section 6.01 California Water Service CompaU CalWater is an associate member of the Authority with one position on the Board of Directors of the Authority. CalWater shall be entitled to participate in the meetings and discussions of the Board but it shall not have the power to vote on any action to be taken by the Authority or to become an officer or Director of the Authority. ARTICLE VII TERM: WITHDRAWAL: TERMINATION Section 7.01. Term. This Agreement shall become effective as of the date hereto and stall continue in full force and effect until completion of the planning of a project or until June 30, 2000, whichever occurs first. wk*'�ag) Section 7.02. Withdrawal of Member. A Member may its Membership in the Authority at any time upon giving written notice of the withdrawal to the Authority. Section 7.02. Disposition of Assets. Upon termination of this Agreement, all remaining net assets of the Authority, both real and personal, shall be transferred to the County District. ARTICLE VIII MISCELLANEOUS PROVISIONS Section 8.01. Amendments. This Agreement may be amended by unanimous consent at any time, or from time to time. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year set opposite the name of the parties. ATTEST: LOIS M. SAHYOUN Clerk of the Board of Super- visors of the San Joaquin Flood Control and Water Con- servation District By (SEAL) Deputy Clerk SAN JOAQUIN COUNTY FLOOD CONTROL APJD WATER CONSERVATION DISTRICT By ROBERT L CABRAL Board of Supervisors -4- RECOMMENDED FOR APPROVAL BY: HENRY HIRATA Director of Public Works ATTEST: APPROVED AS TO FORM; TERRENCE R. DERMODY County Counsel By REBECCA DAVIS Deputy County Counsel CITY OF STOCKTON, a municipal corporation City Clerk By Approved w toiDOri - Title 'ity Attorney ATTEST: CITY OF LODI, a municipal corporation City Clerk ATTEST: Secretary ATTEST: ATTEST: -5- By Title STOCKTON EAST WATER DISTRICT By Title CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT By Title WOODBRIDGE IRRIGATION DISTRICT By Title ATTEST: ATTEST: H:\ WP51 \DATA\DA V LSI WATER\FSJAU[M\JPA.DOC NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT By Title CALIFORNIA WATER SERVICE COMPANY By_ Title