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HomeMy WebLinkAboutSan Luis Rey Watershed Planning Agency; 1969-04-15;FIRST AMENiMENT TO JOINT POWERS AGREElcLENT CREATING SAN LljIS F?EY WATERSHED PLANNING AGENCY The Joint Powers Agreement establishing San Luis Rey Watershed Planning Agency is hereby amended in the follow- ing respects: 1. Flood Control Activity. One aspect of watershed planning involves the conservation and disposal of storm, flood and drainage waters. The San Luis Rey Watershed is not within any existing Flood Control District, This,Agency can and should operate as the flood control and water con- servation planning agency for the watershed. To accomplish said purpose, said agreement is amended as follows: (a) Recital (b) shall read: Each and all of the parties hereto have and possess power and authorization to protect * and preserve the surface and subsurface water , t' supplies within.their respective boundaries, in- : eluding storm, flood. and drainage waters, and to . . make the necess,ary and incidental 'studies, inves- tigations and contracts'in connection therewith, including cooperation with'the State of. California . and the United States. (b) Paragraph 2(a) "Powers" is amended to read: To exercise jointly the common powers , Of its members in studying, planning and otherwise . . ATTAC,iMEi;T (1 ) fa E::<hiSit I'S" protecting and preserving the surface and sub- surface water resources of the San Luis Rey River Watershed, including provision for handling and conserving storm, flood and drainage waters; 'provided that no physical works for flood control or drainage purposes shall be constructed or main- tained except pursuant to an approved project budget. . 2.'.' < Alternate Commissioners. Provision is hereby made for selection and use of Alternate Commissioners by amendment of Paragraph 8 to read as follows: Designation of Commissioners. Each member shall designate and appoint, by resolution of its governing body, one person to act as its Commis- sioner on the Commission, and may designate one person to act as its Alternate-Commissioner in I the event of the absence of its designated Commis- sioner. Each Commissioner and Alternate Commissioner shall hold office from the first meeting of each odd- numbered year for a period of two years, or until their successor is selected. Commissioners and Alternate Commissioners shall, however, scrvc at the pleasure of the governing board of the appointing member and may be removed at any time, with or with- out cause, in the sole discretion of said member's governing board. 3. Commission Meetings. Paragraph 9 is amended to read: -2- - . Meetings. The Water Quality Commission shall meet at least quarterly at such time as it may from time to time establish by resolution duly adopted. Special meetings may be called at the _ ‘I request of the chairman or of any two members 'of the Commission. Notice of all meetings shall be furnished in writing at least 48 hours prior to the time appointed for the meeting. Dated: CITY OF OCEANSIDE FALLBROOK PUBLIC UTILITY /'DISTRICT +fp$w~s, VISTA IRRIGATION DISTRICT VALLEY CENTER MUNICIPAL RAINBOW MUNICIPAL WATER DISTRICT '_ . . '. . .' .w-' . . . SAN LUIS REY WATER CONSERVATION DISTRICT By ,I?* Q .- --4-L ) >Ll.'dC,, J,,c.q 8 0' SAN LUIS REY MUNICIPAL WATER DISTRICT BY j$fiV- MOOTAMAI MUNICIPAL WATER DISTRICT BY / LL? PAUMA MUNICIPAL WATER DISTRICT ..-. 1 By '. '1;' Av f*-, / CL c c 7 2 cc' t-' &y d YUIMA MUNICIPAL WATER DISTRICT -3- . . . . 0 BONSALL HEIGHTS WATER DISTRICT PAUMA VALLEY COMMUNITY SERVICES DISTRICT FALLBROOK SANITARY DZSTRICT . _- - L! ._. :‘. I ., .,* .JOINT POWERS AGREEMENT CREATING SAN'LUIS REY WATERSHED PLANNING AGENCY EXECUTED ORIGINAL FOR AGENCY FILE (Xerox copies to be furnished signatory members of agency) c . ,cc.~~*. qc. A, r-"- ' B i,---, : fl - :- I <I ;- I. ( . Attachment 1 to Exhibit "A" :. . i. . . JOINT POWERS AGREEMENT CREATXNG SAN LUIS REY WATERSHED PLANNING AGENCY . 0; THIS AGREEXENT is made and entered into by and be- tween the parties listed on Appendix A hereto, and all supplements thereto. RECITALS (a) The parties to this agreement are public agencies organized and existing under the statutes of the State of California, as shown on said Appendix A. tb) Each and all of the parties hereto have and possess power and authorization to protect and preserve the surface and subsurface water supplies within their respective boundaries, and to make the necessary and incidental studies, investigations and contracts in connection therewith, includ- ing cooperation with the State of California and the United States. (c) There exists a need-for coordinated regional planning of water quality and water resource management for the entire hydrologic unit of the San Luis Rey River Water- shed, consistent with the interests of local water users and taxpayers and-in accordance with the developing of pub- lic policies of the State of California and the Federal Government. .__. i .-- c a- : . J (d) Said planning objectives can best be attained through cooperative action of existing local water agencies within the watershed, operating through a joint powers agency charged with the duty of performing the necessary study and planning, with actual construction and operation of any physical works being reserved to one or more of such local agencies, acting alone or through project committees of such joint powers agency. COVENANTS IN CONSIDERATION OF the mutual promises and covenants herein contained, the parties hereto.agree .as follows: A. GENERAL ORGANIZATION I . 1. Agency Created. There is hereby created a public entity to be known as "San. Luis Rey Watershed Planning Agency", herein called the "Agency". The Agency is formed by this agreement pursuant to the provisions of Article I, Chapter 5, Division 7, Title I of the Government Code of the State of California, relating to the joint exercise of powers common to public agencies. The Agency shall be a public entity separate from the parties hereto. 2. Powers. The Agency shall have the power, in its own name, to do any and all of the following: (a) To exercise jointly the Common powers of its members in studying, planning and otherwise protecting and preserving the surface and sub- surface water resources of the San Luis Rey River Watershed; -~-- -I”.--p-- - (b) To make and enter contracts; (~1 To employ agents and employees; (d) To acquire, construct, manage, maintain and operate any buildings, worksor improvements; (e) To acquire, hold and dispose of property; (f) To incur debts, liabilities or obligations; (g) To sue and be sued in its own name. The powers herein enumerated shall be exercised, to the extent not herein specifically provided for, in the manner and accord- ing to the methods provided under the Municipal Water Dis- .- trict's Law. 3. Membership. The members of the Agency shall be each public district which has execute@, or hereafter shall execute, this agreement or any addenda, amendment or supplement hereto, and which has not pursuant to the provisions of Sec- tion 5 hereof withdrawn therefrom. The names, public corpor- ate capacities , and addresses *of the members at any time shall be as shown on Appendix A attached hereto, as amended or supplemented from time to time. 4. Watershed Planning Commission. The governing body of the Agency shall be known as the "Watershed Planning Commission", herein called.the "Commission". Subject to the reserved power of members, the powers and functions of the Agency shall be exercised by and through the Commission. B. MEMBERSHIP PROVISIONS 5. Reserve Power of Members. Each member of the Agency expressly possesses and reserves to itself final and -39 I. ‘:’ . absolute discretion to approve or disapprove prior to commitment, any and all expenditures by the Agency, other than budgeteci items, insofar as said expenditures are or i . j shall be chargeable against such member. All general and special project budgets shall be subject to the prior approval by each member, to the extent that such budget may impose any financial liability on such member. 6. Tlithdrawal of 2iembershi.p. Any mmber of the Agency shall have the right to withdraw its me.nbership upon serving written notice of intention thereof on all other members at least 120 days before the close of any fiscal year; provickd, however, that no such withdrawal shall re- lieve the witSrawing public entity from financial obliga- tions theretofore .incurred by it hereunder. 7. Vote or Assent of idembers. The vote, assent or approval of members in any matter requiring such vote, assent or approval hereunder shall be evidenced by a certi- fied copy of the resolution of the governing body of such meder, filed with the Agency., a. Designation of Conmissioners. Each member shall on of its governing body, ,. I I. ,- *.,*v *..j*r***- ,z_.... I... ,l,Y,....T\, ""..*.~,,,,# to act as its Commissioner on the Commission. Each Commissioner shall hold office from the first meeting of each o&i-numbered year for a 'period of two years, or until their successor is selected. Commissioners shall, -40 however; serve at the pleasure of the governing board of the appointing member and may be removed at any time, with or without cause, in the sole discretion of said member's governing boar&. C. NAT3R QUALITY C&MISSION , 9. Meetings. The Water Quality Commission shall meet at 1O:OO a.m. on the third 3ednesday of Each, June, September and Uecember of each year. Special meetings may be called at the request of the chairman or of any two mem- bers of tile Commission. Notice of all meetings shall be furnished in writing at least 48 hours prior to the time appointed for the meeting. 10. Quorum. A majority of the Commissioners shall constitute a quorum for purposes of transaction of business. 11. Project Committees. To the extent that any specific project or proposed project is undertaken which affects less than all of the members of the Agency, the Commissioners representing each of the members who will be involved in financing said project shall be and constitute a project committee of the Commission for purposes of admin- istration and implementation of such project. All budget and operating decisions with regard to such project shall require the unanimous consent of the members of the project committee. 12. Powers and Limitations Thereon. All Of the I - -- . b. . , . . ‘, power and authority of the Agency shall be exercised by the Commission, subject, however, to the reserved right of members.with regard to approval of budgets and assumption of financial obligations. D. OFFICERS 13. There shall be selected from the metiership of the Commission a chairman, vice chairman, and secretary. The treasurer of City of Oceanside shall be the treasurer of the Agency, to be the depositary and have custody of all money of the Agency from whatever source. Said Commission shall also select a controller, who shall be of the same pub- lic agency as the treasurer, an2 who shall draw all warrants to pay demands against t?* rr3 Agency approved by the Comnission. The public office or officer 3 or persons who have charge of, handle or have access to any property of the Agency shall file an official bond in an amdunt to be fixed by the parties to this Agreeslent. In addition, the Commission shall have the 2ower to appoint such additional officers and to employ such additional employees and assistants as may be appropri- ate within approved budget or budgets. Lath and all of saici officers shall hold office for the period of one year from the first meeting of tha Commission in each year. Each such additional appointee or employee of the Commission shall serve at tie pleasure of the Co;amission and shall per- forrn.such duties and have such powers as the Commission may determine. E. DUDGET PROCEDURES 14. Formulation and Adoption of General Eudget. Annually at the June meeting of the Commission, a general budget shall be adopted for the ensuing fiscal year. The budget shall be prepared in sufficient detail to constitute an operating outline for assessments payable by members and expenditures during the ensuing year for those administra- tive, study and work projects of general benefit to all members of the Agency. Said budget shall be adopted by a majority of the Commissioners in attendance, subject to the approval of the membership. 15. Approval by PIembers. Each annual budget adopt- ed by the Commission must be approved and shall be deemed effective upon the receipt by the Agency of certified copies of approving resolutions by the governing bodies of each of the members of the Agency. Until such time as said formal approval has been received from each and every member of the Agency, said budget shall constitute merely a proposed budget, subject to consideration or revision. 16. Project Budgets and Commitments. The budget or other commitment of funds for the study, implementation or . construction of any specific project of works to be con- structed by the Agency shall be adopted by the project committee of the Commission concerned with the specific . -7- --- project, Said project budget or commitment must be approved by the unanimous consent of the project committee of the Commission. 17. Project I3ugqets and Commitments--Approval. Each project budget or commitment must be approved and shall be deemed operative only upon express approval by the parti- cipating members of the Agency as evidenced by a certified copy of a resolution of its governing board. 1'8. Effect of Failure of Approval of Budget. If any member fails or refuses to approve any general budget of the Agency, the matter shall be returned to the Commission for restudy and revision. If such member refuses to approve the budget as revised or resubmitted by the Commission after , said reconsideration, the Commission may, by majority vote, treat such refusal as a request for withdrawal from the Agency by such member. 19; Expenditures Witllin Approved Budgets. All ex- penditures within the designations and limitations of approved general or special project budgets shall be made on the authorization of a majority of the Commission or the project committee of the Commission which is supervising such expenditure. No expenditures in excess of those budget- ed shall be made without the unanimous consent and approval of all members of the Agency to a revised or amended budget which may from time to time be submitted by the Commission. - ~ I F. ASSESSLE%T 20. Procedure. Each budget shall.contain a sched- ule of assessments to individual members of the Agency, and said assessments in an aggregate shall be in an amount sufficient to provide for all expenditures budgeted. Approval of any budget by a member of the Agency shall con- stitute agreement of such member to pay said assessment, con- ditioned only on the approval tilereof by all other mer;lbers to whom assessments were allocated. 21. Payment. Budgeted assessments, or proportional shares thereof, shall be due and payable thirty (30) days after receipt of billing therefor from the Agency. G. LOND FINANCING 22. Revenue Goilds. The Agency shall have the power and authority to issue revenue bonds for the purposes and I in accordance with the procedures and requirements set for in Article II of Title I of Xvision 7 of the Government 1 1 Code of the State of California (Section 6540, et seq.). Ii. ACCOUNTIIJG AND AUDITS 23. Fiscal Year. The fiscal year of the Agency shall be from July 1 to June 30, following. 24. Accounting Procedures. Full books and accounts shall be maintained for the Agency in accordance with prac- tices established by or consistent with those utilized by the Controller of the State of California for like public -9- . . > ‘.._ J 3 entities. :’ In;particular, ,+, I. 5 ."& its controller and treasurer shall comply strictly with the requirements of the statute governing joint powers agencies, Chapter 5, Division 7, Title 1 of the Governrnerit Code, co,,unencing with Section 6500. 25. Audit. The records and accounts of the Agency shall be audited annually by an independent certified pub- .~.I- lit accountant and copies of such audit report shall be filed with the County Auditor, the State Controller and each member of the Agency on or before August 15 of each year. I. PROPERTY RIGHTS 26. Allocation on Books. To the extent that any fun& received from any member agency are used for the'ac- quisition or construction of assets, the same shall be allo- cated annually on the books of the Agency to the credit of said contributing member. 27. Distribution on Termination of Agency. Upon termination or dissolution of the Agency herein created, the assets in possession of the Agency at such time shall be distributed in kind or sold and the proceeds thereof dis- tributed to the members of the Agency at the time of termin- ation as their interests appear on the books of the Agency. 28. Liabilities. Such enforceable liabilities as may have been incurred by the Agency during the course of its existence shall be discharged at the end of the term hereof by equal contribution made by each of the parties -lO- F---S -I_ / . c hereto. Except as provided hereinabove, the debts, lia- bilities, and obligations of the Agency shall be the debts, liabilities, or obligations of the Agency alone, and not of .the parties to this Agreement. J. RESCISSION OR TEMIHATION 29. Term. The Agency shall continue until this 'agreement is rescinded or terminated as herein provided. 30. Rescission or Termination. This agreement may be rescinded and tile Agency terminated by written consent of all members at such time. IN NITNESS WHEREOF the parties hereto have executed this Agreement a s of tile day and date hereinafter indicated. Dated: . SAN LUIS REY WATER CONSERVATION DISTRICT Approved as to form: CITY OF OCEANSIDE City Attorqby -ll- -- -- r . i ..‘_ . . . . . Approved as to form: . .- __ SAN LlJIS REY MUNICIPAL WATER DISTRICT Approved .-?f to form: . MOOTAMAI MUNICIPAL WATER DISTRICT ApprbvedzS to form: Approved as to form: Approved as to form: . Approved as to for?: RAINBOW MXNICIPAL WATER DISTRICT PAUMA MUNICIPAL WATER DISTRICT VALLEY CENTER MUNICIPAL e-e - __--- __ ,.,, n*-22xe.mY-...-I. ---- _~.. .,_ ..-, _ - l , * ’ -I . , , * L Approved as to form: Approved as to form: -1 BONSALL HEIGHTS WATER DISTRICT BY PAUMA VALLEY COMMUNITY SERVICE DISTRICT By A CITY OF CARLSBAD BY .