HomeMy WebLinkAboutMendocino County Inland Water and Power Commission 1996-09-24AWFMW
JOINT EXERCISE OF POWERS AGREEMENT FOR THE`
FORMULATION AND IMpLEMENTATION OF "M
MENDOCINO COUNTY INLAND WATER AND POWER `
COMMISSION (COIOSISSION) F:
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THIS JOINT EXERCISE OF POWERS AGREEMENT, is made and
entered into by and between the following Public" Agencies within
the State of California, that is, Mendocino County Water Agency,'
(Water Agency), Mendocino County Russian River Flood Control &'
Water Conservation Improvement District (Flood Control), Redwood..'.
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Valley County Water District (Redwood), the Potter Valley'.
Irrigation District (PVID), and City of Ukiah(Ukiah). The
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foregoing parties are collectively .referred to herein as "the.,.
signatories".
RECITALS: This Agreement is made with reference to -the
following facts:
A. WHEREAS, the Russian River and its tributaries are
valuable resources vital to economic development, environmental:,.
quality and general well being of the signatories and their
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constituents.
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B. WHEREAS, the Eel River diversions into the Russian
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River Watershed are absolutely vital to that economic development,.
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environmental quality and general well being;
C. WHEREAS, the signatories recognize that a united
Voice is required of all of the signatories when it comes.to issues
relating to (1) the continued Eel River Diversion; and (2) the
viability of the PG&E Potter Valley Project; and (3) the potential
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sale by Pacific Gas & Electric (PG&E) of the Potter Valley Project;
and (4) to conduct negotiations and enter into agreements with
agencies and entities located outside Mendocino County and with the
State and Federal Government respecting Eel River and Russian River
Waters.
D. WHEREAS, this Commission will require. financial
resources to pay the costs of administration thereof and the cost
of acquisition of water works, power works and related assets, as
may from time to time become necessary.
E. WHEREAS, Title I, Division 7, Chapter 5 (commencing
with Section 6500) of the Government Code of the state of
California authorizes the joint exercise by agreement of two or
more public agencies of any power common to them.
F. WHEREAS, pursuant to Section 25680 et seq. of the
Government Code, the parties hereto possess -in common the power to
study, discuss, formulate and recommend policies, action plans, and
procedures for (1) the acquisition of water works and power plants
and related assets and rights; and (2) to undertake :any -act
necessary for preservation of the continued Eel River diversion
into the Russian River watershed; and (3) to undertake any act
necessary for the maintenance of the viability of the PG&E Potter
Valley Project; and (4) to purchase or otherwise acquire the same;
and (5) to conduct negotiations and enter agreements with persons,.
agencies and entities located outside of Mendocino County and with
State and Federal Governmental agencies respecting Eel River and
Russian River Waters.
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G. WHEREAS, the parties hereto recognize .that the
exigencies of the problems In this area and within their respective
Jurisdictions require that they unify and coordinate their efforts,
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in solving said problems by entering into this agreement -to' provide'
for the joint exercise of their said powers in aiding and assisting
in (1) the acquisition of water works and power plants and related
assets and rights; and (2) to undertake any act necessary for
preservation of the continued Eel River diversion into the.Russian
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River watershed; and (3) to undertake any act necessary for- the -
maintenance of the viability of the PG&E Potter Valley Project; and
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(4) to purchase -or otherwise acquire the same; and (5) to'conduct
negotiations and enter agreements with persons, -agencies- and
entities located outside of Mendocino County and with State and
Federal Governmental agencies respecting, Eel River and Russian
River Waters; and (6) to formally establish -a joint powers
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agreement to formulate, implement and execute such a plan, and to
officially establish and structure the Board of Directors of said
Joint Powers Agency;
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NOW, THEREFORE, in consideration of the mutual benefits,
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covenants and agreements set forth herein, the parties hereto a gree
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as follows:
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SECTION 1.01. e a This Joint Exercise of.
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Powers Agreement is made under the authority of Title I, Division
7, Chapter 5 (commencing with Section 6500) of the Government.Code
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of the State of California.
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' `LE II - DEFIRITTQXS
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SECTION 2.01.e e
�� ral Unless the content otherwise
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requires, the words and terms defined in this Article II shall""
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the purposes hereof, have the meaning specified below.-
elow:SECTION
SECTION2.02. "Act" means Title I, Division 7,
Chapter 5 - � '
p (commencing with Section 6500) of the GoVernment,Code of
the State of California.
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SECTION 2.03. "Commission" fission.'"means the
Mendocino Inland Water and Power Commission created, pursuant to'-
this agreement._
SECTION 2.04. "Fiscal Year." means the;
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period from July 1 to and including the following June 30-.
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SECTION 2.05. Boarde s. "Board of Directors"
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means the governing board of the Commission established pursuant to.
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this agreement.
SECTION 2.06. tate. "State" means the State of
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California.
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SECTION 2.07. inistrative E cense. "Administrative--
Expense" means those sums of money required to be expended by the.
Commission from an administrativet
expense fund, to be established
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and maintained by the Commission, to finance those costs of
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administering this agreement and for carrying out the powers and
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functions authorized in this agreement which are not payable from
the .proceeds of either State or Federal grants.
SECTION 2.08. Member. "Member" means a'member of the
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Board of Directors of the Commission and includes an alternate
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member'.
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SECTION 2.09. Bel River and_Ussian River Watprs; "Eel
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River and Russian River Waters" means any water originating in, or;,,:
flowingthrough the territory g of this commission in the Eel River
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or Russian River watersheds.
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SECTION 2.10. Potter Vallgy gpoiect. "Potter.Valley'
Project" means all of the real and personal property 'and other'
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assets and works operated by Pacific Gas & Electric Company in
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connection with Federal Energy Regulatory Commission, Project No.
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SECTION 2.11. NEW ir1ATEE. "New Water" means the
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development of additional water for appropriation either by
diverting or storing water not already subject to a valid water
right.
SECTION 2.12. MEMBER AGENCY. "Member Agency" means An
agency which has signed and become a party to this Agreement.
SECTION 2.13. =LUS FUNDS. "Surplus funds" means-
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funds of the Commission which are not needed for its 'current -
operations (existing monthly expenses or expenses it will incur.
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within ninety (90) days),, to satisfy short term debt (debts due and
payable within ninety (90) days), or obligated under the terms of.
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project specific participation agreements as authorized by Section
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6.02(A)(5) or other valid agreements of the Commission.
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SECTION 2.14. RIO= OF FIRST REFUSAL. "Right of first
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refusal" means the right set forth . in Sections 642 (A) (5) (A) and
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602A(6). The Commission shall have the exclusive right to apply
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for additional water rights .or otherwise develop new water on its.
own behalf or on behalf of its Member Agencies, unless:.
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a. A Member Agency has undertaken an investigation of a =-
Project before the effective date of this Agreement; 'or
b. Subject to the Commission protecting the
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confidentiality of the information provided by the Member Agency to .
the maximum extent permitted by law, a Member.Agency-has presented
a written proposal to the Commission which contains, ata minimum:'
(1) The amount of water the agency wishes to: apply
for or develop,
(2) The point or points of diversion and/or
storage;
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(3) The dates of diversion and/or storage;-
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(4) A description of the physical improvements
required;
(5) An estimate of project cost;
(6) A schedule for making. application and,
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constructing the improvements; and
(7) Such additional information as the Commission
may reasonably request in order to evaluate the merits -of 'the
proposal (provided the information is reasonably available to the
Member Agency without undue cost); and
c. Within the time required by this subsection (b), the
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Commission has failed to notify the Member Agency that it will make
application and construct the improvements in accordance with "the'
proposal. The Commission must provide said notice to the'Member
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Agency within six months after submission of the proposal, or
within a shorter period specified by the Member Agency, if the
Member Agency can demonstrate that a shorter response time is."-='"."-,.
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reasonably required to comply with the proposed schedule and the
Member Agency has submitted the proposal within a reasonable time'.
after it first began to consider it; 'or
d. After providing such notice, the Commission fails to _
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make application or construct the improvements in accordance with
the proposal.
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SECTION 2.15. GERD Where the masculine gender is ..
used in this document it shall be interpreted as referring to both
masculine and feminine gender.
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ARTICLLIZZ - S
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SECTION 3.01. Pur22se. It is the purpose of this
agreement to provide a united, coordinated, orderly, positive and
more effective means for the following purposes.: (1) the
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- acquisition of water works and power plant and related assets and
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rights; and (2) to undertake any act necessary for preservation of
the continued Eel River diversions into the Russian River
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watershed; and (3) to undertake any act necessary for the
maintenance of the viability of the PG&E Potter valley Project; and
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(4) to purchase or otherwise acquire the same; and (5) to conduct
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negotiations and enter agreements with persons, agencies and
entities located outside of Mendocino County and with State and
Federal Governmental agencies respecting Eel River and Russian
River Waters; and (6) to create sinking funds, and; (7) to raise
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the funds necessary to support the administration of the commission
by taxes, bonds, benefits of assessment, user fees and by all other
legal means and to otherwise support the purposes of this agreement
for the general benefit of all, the citizens of the signatories by
(8) establishing a separate Mendocino Inland Water and- Power
Commission; and (9) by vesting this Commission with power (a) to.
effectively coordinate the formulation, administration and
implementation of the purposes of this agreement; and (10) to
establish appropriate operating and advisory committees to conduct
public hearings, to assist the Commission in carrying out the
foregoing purposes and to assist the Commission in the
implementation of projects and programs to carry out the purposes.
of this agreement.
ARTICLE V - F
SECTION 4.01. ss Pursuant to the
Act, there is hereby created a. public entity to be known as the
"Mendocino Inland Water and Power Commission", herein called
"Commission." The Commission is a public entity, separate -and
apart from the parties to this agreement and. said Commission shall
administer this agreement.
SECTION 4.02. ve . The Commission shall be
governed by a Board of Directors composed of members from the
governing board of each of the following public entities (1) the
Water Agency one member, (2) PVID one member, (3) Redwood one
member, and (4) Flood Control one member, and (5) Ukiah one member.
SECTION 4..03 Alternates. The Water Agency, PVID,
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Redwood, Flood Control and the City shall also appoint -from*. its
respective governing board, one alternate member of the. Board of
Directors. The alternate may attend and participate in, but "not
vote, at- any meeting of the Board of Directors of the Commission': .
The alternate may take the seat of the regular member at the
commission table and may vote at any meeting of the Board of
Directors of the Commission at which the regular member from .the'
alternate's public entity is absent.
SECTION 4.04 +iembershin.
A. Each member (and alternate member) shall serve at the
pleasure of the appointing public entity. If a person serving as.
a member (or alternate) ceases to be a member of the governing
board of the public entity that appointed such person to serve. -as.
a member (or alternate) on the Board of Directors of the
Commission, he or she shall at the same time cease to be a'member
(or alternate) of the Board of - Directors of the Commission. Such
public entity shall proceed without undue delay to appoint a new,
member (or alternate) as the case may be.
B. All.voting power of the Commission shall reside in
the Board of Directors.
C. A member of the governing board of the public entity
that appointed such person as a member of the Board of Directors of
the Commission may serve simultaneously as a member of the
governing board of such appointing public entity and as a member of
the Board of Directors of the Commission.
D. No person while serving as a member of the Board of
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Directors of the Commission shall. be.eligible'to be appointed to
any salaried office or employment in the service of the Commission
nor shall he or she become eligible for such appointment within'
three years after he or she has ceased to be a member of the Board
of Directors of the Commission.
E. The members of the Board of Directors of the
Commission shall serve without compensation. This shall not affect
in any way remuneration received by a local public official who, in
addition to his/her responsibilities as a local public officiai,
serves as a member of the Board of Directors of the Commission.
All members of the Board of Directors of the Commission may be,
reimbursed for reasonable and necessary expenses incurred in the
performance of their duties as such members. Reimbursement' of
expenses shall be subject to approval of the Board of Directors of
the Commission..
SECTION 4.05. Regular Meetings. The Board of Directors
shall provide for. its regular meetings. The date, hour, and place
of the holding of regular meetings shall be fixed by resolution. --of
the Board of Directors, and a copy of such resolution shall -be
filed with each party hereto.
SECTION 4.06. Ralph M. Brm Acta All meetings of the
Board of Directors, including, without limitation, regular,
adjourned regular and special meetings, shall be called, noticed,
held and conducted in accordance with the provisions of the Ralph
M. Brown Act (commencing -with Section 54950 of the Government Code
of the State of California) .
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SECTION 4.07. KiD3Ltel. The secretary of the Commission
shall cause to be kept minutes of the meetings of the Board of
Directors and shall, as soon as possible after each meeting, cause
a copy of the minutes to be forwarded to each member of the Board
of Directors and to each public entity that is a party to this
agreement for approval at the next regular, meeting of -the
Commission.
SECTION 4.08. Qom. Three (3) members of the Board of
Directors shall constitute a quorum for the transaction of
business, except that less than a quorum may adjourn, from time to
time. An affirmative vote of at least three (3) members of the
Board of Directors shall be required to take action on all matters.
SECTION 4.09. mss. The Board of Directors of the
Commission may adopt, from time to time, such by-laws, rules and
regulations for the conduct of its meetings and affairs as are
necessary for the purposes hereof:
SECTION 4.10. Office. The Board of Directors of the
Commission may establish and maintain an office within the
territory encompassed by the Commission as it deems will best
facilitate the accomplishment of the objectives and purposes of the
Commission.
SECTION 4.11. -Boundaries. The Commission shall
encompass (1) all of the territory within, and between the
geographical boundaries of PVID, Redwood and Flood Control; and (2)
it shall include all real property located in Mendocino county
within the watershed of Eel River from the Mendocino County/Lake
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County Line on the, East to the toe - of Cape Van Horn Dam on the
West; and (3) the Potter Valley Project tunnel from Van Arsdale:
Reservoir on the North to the PG&E Power House in Potter Valley on
the South. Immediately after the Commission is created and -the
first Board appointed the Board shall instruct an engineer to
prepare a metes and bounds legal description and a map'showing the'
exterior boundaries of the Commission boundaries if it is required
by law to do so or if the Commission deems it appropriate. The
Commission may expand those boundaries as the Commission may from
time to time see fit. If the boundaries of a signatory (other than
the County) expand by annexation or - merger beyond the original
boundaries of the Commission boundaries then the Commission
boundaries will automatically extend to the' signatories new
boundary.
SECTION 5.01. Secret-an
The Board of Directors shall elect a Chairman and Vice Chairman
from among its members at its f irst meeting. Thereafter at its
first meeting in each succeeding calendar year, the Board of
Directors shall elect a Chairman and Vice Chairman. Each officer
shall assume the duties of his/her office upon election. If either
the Chairman or the Vice Chairman ceases to be a member, the
resulting vacancy shall be filled at the next regular meeting of
the Board of Directors held after such vacancy occurs. The
Chairman shall preside at and conduct all meetings of the Board of
Directors.
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A. The Board of Directors shall select a,Secretary.'who
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may, but need not, be a member of the Board of Directors. The
Secretary shall serve at the pleasure of the Board of Directors and'
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shall perform those duties and functions customary to the office of.
Secretary of a public entity.
B. The Chairman shall sign all contracts 'on behalf'.Of
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the Commission and perform such other duties as may be imposed by'
the Board of Directors.
C. The vice Chairman shall act sign contracts,,' 'and.
perform all of the Chairman's duties in the absence from the County..
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of Mendocino of the Chairman and in the. event the Chairman -is not..
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able to so act due to reasons of illness, disqualification, 'or
conflict of interest.
SECTION 5.02. Treasurer. The Treasurer-Tax Collector of
the County of Mendocino is hereby designated ad; the Treasurer of
the Commission and as the depositary to have custody' of all the
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money of the Commission from whatever source. The Auditor-
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Controller of the County of-Mendocino is hereby designated as the
Auditor-Controller of the Commission. The Treasurer-Tax. Collector
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and the Auditor-Controller shall have the duties and. obligations
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set forth in Section 6505 and 6505.5 of the Act and shall.assure
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that there shall be strict accountability of all funds and report
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of all receipts and disbursements of the Commission. The governing
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board may select another treasurer or auditor controller after .
adoption of this Joint Powers Agreement.;
The Board of Supervisors of the County of Mendocino shall
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determine the reasonable charges to be made against the Commission
for the services of the Treasurer -Tax Collector and Auditor -
Controller, such charges not to exceed the actual cost to the
County -of such services.
SECTION 5.03. Bonding Persons Having,&ccess.to Property.
From time to time, the parties hereto shall designate the public
officers or persons, in addition to the Treasurer -Tax Collector and
Auditor -Controller, having charge of handling or having access to
any property of the Commission, and shall further designate the
respective amounts of the official bonds of the Treasurer and
Auditor -Controller and such other persons pursuant to Section
6505.1 of the Act.
SECTION 5.04. Engineering and LgMj_Ad.Vis=s. The Board
of Directors may select, appoint, employ and retain engineering and
legal advisors of the Commission, who shall perform such duties as
may be prescribed by the Board of Directors. The Board may select
an engineer or legal advisor of one of the signatories to serve in
these capacities.
SECTION 5.05, ees. The Board of Directors
shall have the power to appoint and employ such other officers,
employees, and may contract with consultants and other professional
persons or firms as it considers necessary for the purposes hereof.
SECTION 5.06. Compensation. The Board of Directors
shall determine the compensation of, and pay from Commission funds
( including payment from funds which the Commission may receive from
time to time in the form of federal and state grants) the salaries,
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wages, fees and other compensation of such planning, engineering,
legal, financial, or other technical and 'professional personnel,
consultants, and other employees of the Commission.
SECTION 5.07. Non -Civil, service. Nothing herein
contained shall be construed as making the Commission a department
of any party to this agreement or as placing any of the officers,
counsel, personnel, or employees of the Commission under any other
form of specially protected employment right or status.
AICLE y - POWERS
SECTION 6.01. Subject to the limitations on the
commissions powers set forth in Section 7.01 of this agreement, the
Commission is hereby authorized, in its own name, to do all acts
necessary for the exercise of the foregoing powers to accomplish
the purposes of this agreement including, but not limited to, any
or all of the following:
A. As provided in the Act, the Commission shall be a
public entity separate from the parties hereto. The Commission
shall have the power to aid and assist in the formulation,
administration and implementation of:
(1) to acquire water works and power plants and
related assets and rights;
(2) to undertake any act necessary for the
preservation of the continued Eel River diversion into the Russian
River watershed;
(3) to undertake any act necessary for the
maintenance of the viability of the PG&E Potter Valley Project;
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(4) to purchase or otherwise acquire the same;
(5) to conduct negotiations and enter agreements
with persons, agencies and entities located outside of Mendocino
County and with State and Federal Governmental agencies respecting
Eel River and Russian River Waters;
(6) to develop other sources of water for the
benefit of the commission's constituents either alone or in
conjunction with other agencies;
(7) to raise the funds necessary to support the
administration of the Commission and the purpose of this agreement
by (a) imposing taxes, (b) incurring bonded indebtedness and
issuing bonds, (c) by levying benefits of assessment, (d) by
imposing user -fees, and (e) by securing grants and loans from
government agencies and others;
(8) to establish appropriate operation and advisory
Committees to conduct public hearings, to assist the Commission in
carrying out the purposes of the Commission, and to assist the
Commission in the implementation of projects and programs to carry
out the purposes of the Commission; and
(9) to further administer, coordinate, promote,
carry out and implement the purposes of this agreement as referred
to in Section 3.01 of Article III hereof.
B. To make and enter into contracts;
C. To employ agents, employees, consultants, and
independent contractors;
D. To acquire, hold or dispose of real, personal and
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intangible property, or any interest therein, by deed, purchase,
lease, contract, gift, devise, or otherwise;
E. To sue and be sued in its own name, except as
otherwise provided by law. An action to determine the validity of
any contract may be brought pursuant to Chapter 9 (commencing with
Section 860) Title 10, Part 2 of the Code of Civil Procedure of the
State of California;
F. To incur debts, liabilities or obligations, provided
that no debt, liability or obligation shall constitute a debt,
liability or obligation of any of the separate public entities that
are parties to this agreement; provided that the total debts,
liabilities or obligations incurred in any fiscal year do not
exceed the revenue received in the same fiscal year, unless in the
form of a bond properly issued by the Commission;
G. To apply for, accept, receive and disburse grants,
loans and other financial assistance from any agency of the United
States of America or of the State of California, or from any other
public agency or from other sources, public or private, and expend
such funds for the purposes set forth in this agreement;
H. To invest any money, that is not required for the
immediate necessities of the Commission, as the Commission
determines is advisable, in the same manner and upon the same
conditions as apply to local agencies, pursuant to Section 53601 of
the Government Code of the State of California;
I. To carry out and enforce all the provisions of this
agreement;
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J. To contract for and obtain insurance against any
insurable risk reasonably anticipated to result from the exercise
of any powers or functions of the Commission or the performance of
any duties by the officers and employees of the Commission;
K. To make, adopt, amend, and repeal its by-laws,
rules, ordinances, resolutions and procedural regulations not
inconsistent with, and to carry into effect, the powers granted in
and purposes of this agreement;
L. To perform such duties and functions as may be
necessary or appropriate for the coordination of federal or state
assisted programs and projects within the geographical boundaries
of the Eel and Russian River watersheds;
M. To do and perform any and all acts necessary to
participate in federal or state assisted projects within, or
without, the jurisdictional boundaries of the commission,
including, without limitation, applying for, accepting and
administering grants or other financial assistance from the federal
government, the state, or other public agencies, or from any other
sources, public or private, for such projects; to sue and expend
such funds for any of the purposes as described or referred to in
this agreement; and to enter into and carry out contracts or
agreements in connection therewith which are not inconsistent with
the purposes and powers of the Commission as set forth in this
agreement;
N. To aid and assist member entities and other public
agencies in the application for economic support of appropriate
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projects and programs;
O. To adopt a seal and alter it at its pleasure; and
P. To acquire property through the power of eminent
domain.
SECTION 6.02(A). Delegated Powers. The signatories
delegate to the Commission the right to act on behalf of any and
all of the signatories in the following areas:
(1) to negotiate for and to purchase or otherwise
acquire the Potter Valley Project from PG&E;
(2) to undertake any act necessary for the
preservation of the continued Eel River diversion into the Russian
River watershed;
(3) to undertake any act necessary for the
maintenance of the viability of the PG&E Potter Valley Project;
(4) to undertake any act necessary for and
negotiate and otherwise deal with persons, agencies, and entities
located outside of Mendocino County and with State and Federal
Agencies respecting Eel River and Russian River Water supply issues
(as defined in 52.09).
(5) to apply for and otherwise develop water and
water rights ("a Project") for the benefit of the territory of the
Commission, subject to:
(a) the Commissionts right of first refusal; and
(b) a participation agreement among those Member
Agencies participating in the Project that sets forth the terms of
that participation, including, but not limited to, each Agencyls
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participation in financing the Project, its share of project
benefits and debts and its rights and duties, if the participating
Member Agency seeks to terminate its participation in the Project
or its membership in the Commission.
(6) All future water applied for by the various
agencies will be applied for by the Commission subject to an
agencyfs right to pursue a project if the Commission does not
exercise its right of first refusal, and apportioned upon
withdrawal.
SECTION 6.03 Claims. All claims and actions for money
or damages against the Commission and its officers and employees
are governed by Division 3.6 (commencing with Section 810) of Title
I of the Government Code of the State of California. The
Commission shall be deemed a "public entity" within the meaning of
Division 3.6 of Title I of said Government Code.
SECTION 6.04. Interests in Contracts. The provisions of
Article 4 (commencing with Section 1090), Article 4.5 (commencing
with Section 1100), and Article 4.6 (commencing with Section 1120),
Chapter 1, Division 4, Title I. and Sections 87100 et seq. of the
Government Code of the State of California prohibiting certain
financial interests in public contracts and pertaining to conflicts
of interest shall apply to the officers, directors, and employees
of the Commission.
SECTION 6.50. BDfggcgAent by CommLssion. The Commission
is hereby authorized to take any or all legal actions necessary and
permitted by law to enforce this agreement.
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ARTICLE VII - RESTRICTIONS ON POWERS
SECTION 7.01. Specific Restrictions. The following
specific restrictions on the powers and functions of the Commission
shall apply and be observed by the Commission:
A. The Commission shall not interfere in the internal
affairs of a member entity.
B. The Commission shall have no veto power over grant
applications submitted to state or federal agencies by a member
entity.
C. The Commission shall not have the power to acquire,
by eminent domain or otherwise, the water or water rights of a
signatory hereto nor of any private water rights owners within the
Commission's territory.
D. The signatories do not delegate to the Commission
their respective water, water rights, contracts with third parties
or between signatories, nor the right to perform, enforce or
negotiate with respect to the same.
E. No tax will be imposed upon the citizens of the
Commission without prior approval of the Boards of the respective
signatories, and compliance with State law.
F. The Commission shall not have the power to
participate, by intervention or otherwise, in litigation or
administrative hearings, between one of the members and any other
party respecting that members water right or contract rights
relating to its water, without the consent of that member.
ARTICLEMETHOD
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SECTION 8.01. Ass=Rtion of Responsibilities. Upon
completion of the initial organization of the Commission and the
selection of a Chairman and Vice Chairman, and the appointment of
the Secretary and Engineering and Legal Advisor, the Commission
shall proceed to carry out its duties and responsibilities as set
forth in this agreement.
ARTICL IX - FINANCIAL AND INSURANCE PROVISIONS
SECTION 9.01. Fiscal Year. The fiscal year of the
commission shall be from July 1 of each year to and including June
30 of the following year.
SECTION 9.02 Insurance . The Commission shall secure and
maintain insurance for personal injury in the minimum amount of
$1,000,000 per person and $3,000,000 per incident, or more, and for
damage to property of the Commission and others in the minimum
amount of $1,000,000 per incident, or more.
SECTION 9.03. Contributions. The parties hereto shall
each contribute to the Commission within 30 days of approval of
this agreement by all five member agencies the sum of $2,000.00.
Any financial contributions other than set forth above shall be
made only upon approval of the board of the Commission and
ratification by the boards of the member agencies.
The expenditure of funds contributed to the Commission by
the parties hereto shall be used only for ordinary administrative
and operating expenses of the Commission and for payment of fees
and costs incurred or to be incurred by the Commission in
connection with the execution of its purpose.
Axa
SECTION 9.04. Annual Budget.
A. The Board of Directors of the Commission shall, on or
before February 1 of each year, prepare and submit to each party
hereto a budget estimate of the expenses of conducting the
Commission for the ensuing year.
B. The budget estimate shall be in such form as the
Board of Directors may prescribe using the guidelines of the
California State Controller. The budget estimate shall contain a
summary of the fiscal policy of the Commission for the budget year
and shall include data showing the relation between the total
proposed expenditures and the total anticipated income or other
means of financing the budget for the ensuing year, contrasted with
the corresponding data for the current year. The budget estimate
may include an unappropriated balance item to be available for
appropriation in the ensuing fiscal year to meet contingencies
other than contingencies resulting from temporary insufficiencies
in the revenues of the Commission.
C. After submission of the budget estimate, the Board of
Directors shall fix a time and a place for hearing by the Board of
Directors thereon.
At the budget hearing the Board of Directors may increase
or decrease any item in the budget estimate and may delete any item
therefrom or add any new iteffi thereto.
Upon the conclusion of the budget hearing and not later
than March 1 of each year the Board of Directors shall approve the
budget estimate as submitted to the parties hereto or as revised by
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the Board of Directors, and thereupon the same shall constitute the
final budget for the ensuing fiscal year.
The several items of the final budget shall be deemed
appropriated for the ensuing fiscal year in the amounts and for the
purposes specified in the final budget.
SECTION 9.05. Records and Agcounts. The Commission
shall cause to be kept accurate and correct books of account,
showing in detail the costs of administration, bond interest, bond
redemption, operation and maintenance, and all financial
transactions of the Commission. Said books of account shall be
open to inspection at all time during normal working hours by the
public or any representative of any of the parties hereto, or by
and accountant or other person authorized by any party hereto to
inspect said books of account. The Auditor -Controller shall, in
accordance with Section 6505 of the Act, cause the books of account
and other financial records of the Commission to be audited
annually.
ARTICLE_X -_TERMINATION
SECTION 10.01. Term. This agreement shall be effective
30 days after this agreement is approved by each of the member
agencies, and shall continue until rescinded or terminated by
agreement of all the parties hereto, provided that termination
shall not occur less than six months before the end of the fiscal
year.
SECTION 10.02. (A) Disposition of Assets. On the
termination of this Agreement, and subject to project specific
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participation agreements, as provided in Section 6.02(A)(5),
surplus money of the Commission shall be distributed to the Member
Agency in the same proportion that the contribution paid by each
Member Agency bears to the total contributions by the Member
Agencies. All other assets of the Commission, both real and
personal, tangible and intangible, shall be disposed of in such
manner as the Member Agencies shall agree. Until the Member
Agencies have agreed, the Commission shall hold the assets in trust
for them.
(B) Disposition of Liabilities: To the extent
permissible by law the debts and liabilities of the Commission
shall not become the debts and liabilities of the member agencies.
(C) Any debt incurred pursuant to a specific
participation agreement shall be disposed of upon termination of
this agreement or withdrawal of a member as provided for in that
agreement.
ARTICLE X1 - MISCELLANEOUS PROVISIONS
SECTION 11..01. Notices. Notices hereunder shall be
sufficient if delivered to: The Chief Administrative Officer of
each party hereto or to such other person and address as a party
hereto may request in writing to the Commission from time to time.
Notice to the Commission shall be sufficient if delivered to the
Office of the Secretary of the Commission.
SECTION 11.02. Amendment of Agreement. This agreement
may be amended only by an agreement, in writing, approved by all of
the then participating public entities. Approval of the Board of
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4
C
Y.
Directors of the Commission shall not be required for amendment of
this agreement.
SECTION 11.03. Partial Invalidity. If any one or more
of the terms, provisions, sections, promises, covenants, or
conditions of this agreement shall to any extent be adjudged
invalid, unenforceable, void or voidable for any reason whatsoever,
by a court of competent jurisdiction, each and all of the remaining
agreement shall not be affected thereby, and shall be valid and
enforceable to the fullest extend permitted by law.
SECTION 11.04. Withdrawal o -ftmher. A Member Agency
may terminate its membership in the Commission at any time after
first providing the Commission with six months notice of its intent
to terminate ("a termination notice"). subject to project specific
participation agreements as authorized by Section 10.02(A),(B) and
(C), upon termination, the Commission shall provide the Member
Agency with its pro rata share of surplus funds of the Commission
as of the date when the Member Agency first provided the Commission
with a termination notice.
SECTION 11.05. Notice to Secretary of State. The
Secretary of the Commission shall be responsible for preparing and
filing the notice to the Secretary of State of this joint exercise
of powers agreement, pursuant to the provisions of Section 6503.5
of the Government Code of the State of California.
IT WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed and attested by their proper officers
thereunto duly authorized, and their official seals to be hereto
affixed, as of the date and year first above written.
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MENDOCINO COUNTY WATER AGENCY OF THE
COUNTY OF MENDOCINO
BY
Chairman of he Mendoci o County
Water Agency
(SEAL)
ATTEST:
Clerk of the Board of Supervisors of the
County of Mendocino, State of California
BY r✓ d ;;6cxl
Deputy Clerk
Approved as to form:
r
Counsel
(SEAL)
ATTEST:
POTTER VALLEY IRRIGATION DISTRICT
Chairman of the Board of the
Potter Valley Irrigation District
Secretary to the Board of
Potter Valley Irrigation District
REDWOOD VALLEY COUNTY WATER DISTRICT
AD 3z -3L"
Chairman of the Board of the
Redwood Valley County Water District
(SEAL)
ATTEST:
Se etary to the Board of
Redwood Valley County Water District
27
MENDOCINO COUNTY RUSSIAN RIVER FLOOD
CONTROL AND WATER CONS NATION
IMPRO DIS ICT
ChairmKn of the Board of the
Mendocino County Russian River Flood
Control and Water Conservation
Improvement District
(SEAL)
Secretary to the Boal`d of
Mendocino County Russian River Flood
Control and Water Conservation
Improvement District
CIT F UKI
Mayor of the City of Ukiah
(SEAL)
The foregoing instrument is a
correct copy of. the original
on file in this office
ATTEST.
JOYCE A, BEARD Clerk of the
Board of.SuperVisdrs of the County
of Mendocino. State of California
gy.
Deputy
8
EXHIBIT "A"
County of Mendocino
Potter Valley Irrigation District
Redwood Valley County Water District
MCRRFC&WCID
City of Ukiah
29