HomeMy WebLinkAboutOceanside, City of; 1982-06-09;AGREEMENT
(JOINT USE PIPELINE)
THIS AGREEMENT, made this 9th day of June , 1982, between COSTA
REAL MUNICIPAL WATER DISTRICT, a municipal water district, hereinafter
for convenience referred to as "COSTA REAL", and CITY OF OCEANSIDE, a
municipal corporation, hereinafter for convenience referred to as
"OCEANSIDE".
WITNESSETH:
1. Costa Real and Oceanside operate and maintain public water
systems (potable) and have common boundaries along the area
of Highway 78 - Vista Way. The two water agencies operate
pipeline facilities which connect to the aqueduct system of
the San Diego County Water Authority and have an existing
intertie for emergency water deliveries between the two
agencies.
2. There is in existence a formal agreement between Carlsbad
Municipal Water District (predecessor-in-interest to Costa
Real Municipal Water District) and City of Oceanside dated
August 6, 1975, which provides for the interchange of potable
water service by way of a jointly owned pipeline in the
interchange of Highway 78 - El Camino Real.
3. Costa Real and Oceanside have responsibilities for water
resources pl anni ng i n thei r respecti ve service areas so
that the construction and operation of pipeline facilities
to convey non-potable water service is recognized as an
important feature of providing total water service for
their respective service areas.
4. Costa Real and Oceanside recognize the need for a non-potable
water service pipeline to be constructed in the Highway 78 -
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El Camino Real interchange to accommodate their future
requirements for non-potable water services.
It is now appropriate to formalize the ownership, operation
and maintenance of this joint facility which will be utilized
to the benefit of both agencies.
It is also appropriate to specifically agree as to the terms
and conditions under which there will be an exchange of a
non-potable water supply to each agency, as well as providing
for emergency or supplementary delivery of non-potable water
service depending upon the need and the availability of both
agencies.
The project shall be known as the Oceanside/Costa Real Non-
Potable Water Service Intertie -- El Camino Real, hereinafter
for convenience referred to as the "pi pel i ne". Oceanside-Carlsbad Intertie is indicated on Exhibit "A" attached hereto and incorporated herein
by this reference.
IT IS, THEREFORE, AGREED:
A. Ownership of Pipeline.
The ownership of the pipeline shall be jointly by Costa Real
and Oceanside in the following percentage:
Costa Real 50%
Oceanside 50%
Total 100%
B. Maintenance and Operation of the Pipeline.
1. Upon completion of the pipeline, Costa Real will maintain
and operate the pipeline for the mutual benefit of Costa
Real or Oceanside.
2. All costs of such operation and maintenance, including
accounting, administrative costs and repairs, will be
borne by and paid by each of the parties on an equal
one-half share basis.
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3. Costa Real will bill Oceanside annually for its
proportionate share of such costs and maintenance.
Oceanside will pay such statements within thirty (30)
days after the receipt thereof. The billing period
shall coincide with the fiscal year of Costa Real.
4, Costa Real shall keep and maintain proper books of
account and records in which complete and current
entries shall be made of a1 1 transactions, i ncl udi ng
all receipts and disbursements, relating to the
administration, maintenance, operation, and repair
of said pipeline. Oceanside shall have the right at
reasonable times, from time to time, during regular
business hours, to inspect all such books and records
to verify any statement rendered by Costa Real to
Oceanside for charges payable by Oceanside. Costa
Real shall uti 1 i ze the "Uni form Accounting Program"
of the State Controller's Office.
5. Prior to making any repairs, except in the case of
emergency repairs, which are estimated to cost in
excess of $1,000.00, Costa Real shall obtain the
prior approval of Oceanside for any such expenditure.
6. Any connections to the pipeline by either party shall
be subject to written approval of the other party.
7. Costa Real agrees to hold Oceanside free and harmless
from any damage or injury to any person or property
arising from the maintenance and operation of the
pi pel i ne by Costa Real.
C. Future Connections to Non-Potable Water Service Pipeline.
1. Costa Real or Oceanside shall have the right to proceed
with the construction of additional pipeline facilities
that will render the "pipeline" operational from the
standpoint of del i very of non-potable water service from
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Oceanside to Costa Real or vice-versa. Either party will
have the right to initiate proceedings for the preparation
of plans and sponsor the construction of such facilities.
Each agency shall have the right to review and approve of
the pipeline extensions in the event the facilities will
have an impact upon the service area requirements of that
agency .
2. At such time the pipeline is made operational by the
appropriate connections, there will be a separate agreement
between Oceanside and Costa Real as to the volume of waters
that will be permitted to be transported in the "pipeline"
and the specific terms and conditions under which there
will be delivery of non-potable water service and the
appropriate charges that will be made by the agency which
is producing the non-potable water. Upon execution of
said agreement, its terms and conditions will become a
part hereof and incorporated herein by reference.
3. Oceanside and Costa Real will cooperatively develop and
approve a speci fi c operational pl an whereby the pi pel i ne
will be utilized on a daily basis for non-potable water
service.
4. The pipeline is now outfitted with two service connections
for water service to the interchange landscaped area that
is within the service area of Oceanside. Oceanside shall
have the right to make the necessary hook-ups and provide
service to all the lands within the boundaries of Oceanside
in addition to the utilization of these two connections.
D. Notices.
Any notice which either party is required to give or desires
to give hereunder may be served upon the other party by
personally delivering a copy thereof or by mailing any such
notice by regular or certified mail, return receipt requested,
postage prepaid, and addressed as follows:
COSTA REAL: Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
OCEANSIDE: City of Oceanside
Water and Sewer Department
320 North Horne Street
Oceanside, CA 92054
Either party may from time to time designate a different address
for notices by notifying the other party. Any notice mailed
by regular mail shall be deemed received by the party to whom
such notice is addressed forty-eight (48) hours after the
mailing thereof. Any notice mailed by certified mail, return
receipt requested, shall be deemed received by the party to
whom such notice is addressed on the receipt date on the return
recei pt.
E. Arbitration.
In the event any controversy or claim arising out of this
agreement cannot be settled by the parties, all controversies
arising out of the interpretation or application of this
agreement or the refusal of either party to perform the whole
or any part thereof shall be settled by arbitration in accordance
with the provisions of this section and where not provided by
this section in accordance with the statutory provisions of the
State of California then in force. The controversy shall be
submitted to a board of three (3) arbitrators which shall be
appointed, one by Costa Real, one by Oceanside, and the third
by the first two. The party desiring arbitration shall notify
the other party by a written notice stating the following:
(1) that it desires arbitration, (2) the controversy to be
arbitrated, (3) that it has appointed its nominee, and (4)
that it requests the other party to appoint its nominee.
Within thirty (30) days from the receipt of said notice the
other party shall appoint its nominee. Within fifteen (15)
days after the last party has appointed its nominee, the two
nominees shall appoint the third. None of the arbitrators
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shall be a resident within, or taxpayer in, or be employed
within the service area boundaries of either party. None of
the arbitrators shall be employed by, or a consultant to, or
be an officer, director or council member of either party.
The arbitration board shall hold at least one hearing and at
least ten (10) days before said hearing shall give each party
written notice thereof. The arbitration shall be restricted
to matters relative to that stated in the notice requesting
arbitration. The arbitration board shall have no authority to
add to or subtract from this agreement. Each party shall be
given an opportunity to be heard and to present evidence. Upon
conclusion of the hearing or hearings, the arbitration board
shall reduce their findings of fact, conclusions of law, and
the award to writing, and shall sign the same and deliver one
signed copy thereof to each public agency. Such award shall be
final and binding upon both parties. A majority finding shall
govern if the arbitrators' determination is not unanimous. Each
party shall pay its own expenses, including the expenses of the
arbitrator which it nominates, The expenses of the third
arbitrator and the administrative costs of the arbitration
proceedings shall be shared equally.
Any controversy which can be determined by an engineer's
findings and which under this section could be submitted to
arbitration may, if the parties thereto agree in writing to
do so, be submitted to a named engineer who shall be the sole
arbitrator. Such engineer shall be a Registered Ci vi 1 Engineer
of the State of California and shall be disinterested as
hereinbefore in this section required of arbitrators on an
arbitration board. He shall proceed in the same manner and
shall make findings, conclusions, and an award in the manner
provided herein for an arbitration board.
F. Term of Agreement.
The term of this agreement in reference to all terms and
conditions of the agreement, except Ownership of Pipeline
(I1 A), shall be for a period of one year, on a fiscal year
basis, commencing July 1, 1982, and terminating June 30, 1983,
and shall be automatically renewed thereafter for additional
periods of one (1) year at a time, unless either party, at
least ninety (90) days prior to the expiration of the then
existing term, shall advise the other party in writing that
they desire to terminate the then existing agreement at the
end of the then existing one (1) year term.
IN WITNESS WHEREOF, each of the parties hereto has caused this
instrument to be executed by its officers duly authorized as of the
day and year first above written.
COSTA REAL MUNICIPAL WATER DISTRICT, c I TY~NS I DE,
a Muni ci pal Water Di st ri ct a Mu icipa Corporation
President
By :
Mayor
By : By:
APPROVED AS TO FORM & LEGALITY:
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I LEGEND:
I I .... Joint City of Oceanside -
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.-.... Joint City of Oceanside -
----....City of Carlsbad facilities.
CMWD facilities - Non-Potable. OCEA/t/S/DDE - CQPLSBQD
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NON,-POTABLE WATER SERVICE PIPELINE
---...*City of Oceanside facilities.
EXHIBIT "A"
AGREEMENT OF JUNE 9, 1982