HomeMy WebLinkAboutC-1474 - Service to area boundariesCITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No. C -1474
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
Description of Contract Am,nchmnt tnAQre mant he w
twoen the Tine Ranch
L
Water District relative to possible future
adjustment of oge area boundaries.
Authorized by Resolution No. AM4 , a�opteon g_ln_73
Effective date of Contract Reptemo -Ar in. 1(179
Contract with Sr.y4 no RaQCb jp at,ps N etr4 r .-
Address o n �— n T
Amount of Contract
V -city fte; <
CITY CLERK
September 14, 1973
CITY ATTORNEY
CITY CLERK
AMENDED AGREEMENT WITH THE IRVINE RANCH WATER DISTRICT
RE FUTURE ADJUSTMENT OF SERVICE AREA BOUNDARIES.
Enclosed are two fully executed copies of subject agreermnt.
This amendment was authorized by the Council on September 10
by the adoption of Resolution No. 8094.
Please transmit one copy to the Irvine Ranch Water District
and Alex Bowie, Attorney for the Irvine Ranch Water
District, and retain one for your files.
Laura Lagios,
City Clerk
LL:swk
enc.
Note: Above picked up by Dennis 9 -14 -73 8:30 am.
S
TO: FINANCE DIRECTOR
FROM: City Clerk
0
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
SUBJECT: Contract No. 1474
Description of Contract Possible Future Adjustment of Service Area
un axles
Authorized by Resolution No. 7819 , adopted on Sep mbar 11, 1g79
Effective date of Contract September 11, 1972
Contract with Irvine Ranch Water District
Address P. 0. Box D I
Irvine, � A 92664
Amount of Contract
City Cle c
IJ
0
AMENDED AGREEMENT BETWEEN IRVINE RANCH
WATER DISTRICT AND CITY OF NEWPORT BEACH
RELATIVE TO POSSIBLE FUTURE ADJUSTMENT
OF SERVICE AREA BOUNDARIES
/o
THIS AMENDED A REEMENT is made and entered into this -24ttr day
of 1973, by and between the IRVINE RANCH WATER DISTRICT,
hereinafter referred to as "District ", and the CITY OF NEWPORT BEACH,
hereinafter referred to as "City ", for the purpose of amending that
certain Agreement dated September 11, 1972, previously entered into
by the parties to this Amended Agreement;
W I T N E S S E T H
WHEREAS, District and City have heretofore entered into that
certain Agreement dated September 11, 1972, relative to possible
future adjustment of service area boundaries; and
WHEREAS, it is the desire of both City and District to memo-
rialize an amendment to the hereinabove described agreement pre-
viously approved by both City and District; and
WHEREAS, Annexation No. 16 to District was submitted to the
Local Agency Formation Commission for approval and approved by
that Commission, and annexed by District on the basis of the terms
of the hereinabove described agreement, inclusive of the amendment
herein set forth;
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained the parties to this Agreement do hereby
-1-
0
Ll
amend that certain Agreement dated September 11, 1972, so as to
provide in the manner hereinafter set forth:
1. District agrees that as to the area designated in Exhibit
"A" to this Agreement, which document is by this reference made a
part hereof, it will initiate annexation proceedings upon approval
of the proposed annexation by the Local Agency Formation Commission,
and thereafter initiate and diligently pursue to completion annex-
ation proceedings as well as proceedings to establish an author-
ization of bonds to be issued, if, as and when needed. The pro-
ceeds of the bonds so authorized shall be used to construct facili-
ties for transmission, storage, and distribution of water, as well
as collection, treatment, reclamation, or disposal of sewage and
waste water, which proceedings shall include the area designated
on the portion of Exhibit "A" as the area of possible service
boundary adjustments between City and District. It is further
agreed that in the event that such water and sewer facilities are
constructed in this area by District and, if at a later date,
City and the owners of the property depicted on Exhibit "A" to this
Agreement or their successors desire to and do in fact accomplish
the annexation of such territory in whole or in part to City, that
District will convey to City such water and sewer facilities or
capacities in such water and sewer facilities to the extent neces-
sary to provide for water and sewer service to the area in question.
The determination as to which water and sewer facilities or the
-2-
extent of the capacity in such water and sewer facilities to be
conveyed to City by District shall be determined on the basis of
sound engineering practices as well as existing practices of good
utility management. it is acknowledged that in such instances a
facility may be conveyed in its entirety or that only capacity in
an existing facility may be conveyed. It is the intent of both
parties that sufficient water and sewer facilities, or capacity
in water and sewer facilities will be maintained by District to
serve any adjacent property or portion of the area described in
Exhibit "A" which are not annexed to City. The foregoing proviso
is subject to and in furtherance of the authority of the Local
Agency Formation Commission of Orange County or its successor to
make such a decision as part of any such proceedings referred to
hereinabove pursuant to the provisions of Section 56470 of the
Government Code and any other applicable provisions of law. It is
acknowledged and agreed that such may occur either as one annex-
tion or as a series of annexations. It is further acknowledged
and agreed that said boundary adjustments may require detachment
of territory from District. District agrees that in such event
it shall execute and deliver to City such documents as are
reasonably necessary to convey the above described water and sewer
facilities or capacity in the above described water and sewer
facilities of City. Further, District, at the request of City,
shall execute and deliver to City such documents as are
-3-
reasonably necessary to undertake detachment proceedings relative
to detachment of territory from District to the extent necessary
to accomplish the purposes of this Agreement. Such areas of
possible detachment from District shall be only to the extent
described on Exhibit "A" to this Agreement. It is agreed as a
condition of any such requisite boundary adjustment and transfer
of water and sewer facilities or capacity in water and sewer
facilities that pursuant to the provisions of Section 56470 of
the Government Code a portion of the District Reorganization Act
of 1965 there shall be an apportionment of liability for payment
of an appropriate portion of the principal and interest on bonds
that have been issued, the proceeds of which have been used to
construct water and sewer facilities affected by this Agreement.
As an alternative means of accomplishing this purpose, City may
pay to District an annual amount equal to what the territory in
question would have paid in tax assessments or other charges had
it remained part of the District to the extent that such are re-
quired for debt service on outstanding bonds issued pursuant to
the proceedings referred to in paragraph 1 of this Agreement.
It is understood and agreed by City and District that the
amount of any debt apportioned to City or to be paid in the
alternative by City by means of an annual payment to District
shall be based on investment in the facilities or the capacity
in a facility acquired by City. This is not intended to include
-4-
any amounts from grants from the state or federal government, or
both, nor any amounts received to that point in time by means of
any acreage or connection charges paid to District relative to
service to any territory annexed to City to the extent such have
been collected and used or are to be used for debt service purposes
on bonds issued for the construction of the facilities acquired
by City or to construct a facility where capacity in a facility
is to be acquired by City.
2. Interconnection of Facilities. It is agreed by District
and City that a system of interconnections between the water facil-
ities of City and District shall be established consistent with
sound utility management principals to provide safeguards against
the possible failure of either the system of City or District. It
is the intent of this provision that each of the entities agree to
provide water in such instances at its cost in the event of a fail-
ure on the part of the facilities of either City or District.
3. In regard to the eighteen (18 ") inch water transmission
line initially constructed to provide service to the commercial
development in City known as Newport Center, City agrees that
District may utilitize existing surplus capacity therein as an
initial interim transmission line to the areas described in Exhibit
"A" as the area of possible future service area adjustments, pro-
vided that District shall furnish all water transmitted for use by
-5-
0 0
District. This, as well as the other rights of District set forth
herein, is in consideration of the commitments and obligations
hereinabove set forth of District. It is agreed, however, that
use of the eighteen (18 ") inch water transmission line by- District,
to the extent hereinabove referred to is subject to the requirement
that an emergency alternative means of transmission be established
simultaneously with the connection of District's facilities to the
hereinabove described facilities of City. It is acknowledged that
such surplus capacity was previously constructed at no cost to City.
Such initial use by District shall be terminated by District upon
receipt of twelve (12) months' prior written notice from City.
4. It is further agreed that in the event at a future date
City determines that it does not need capacity that it now owns
in a certain water transmission facility located within the public
highway known as Pacific Coast Highway, it agrees to extent to
District the opportunity to purchase such facility based on the
replacement costs less depreciation or such other terms and condi-
tions as are mutually agreed upon. It is contemplated that District,
in such event, may acquire such facility with bond proceeds proposed
to be issued by District. In the event that City makes such deter-
mination, it shall give notice of such determination to District,
and District, upon receipt of such notice shall within ninety (90)
days thereafter advise City of its election to purchase the facility
in question. The notice of District shall specify the purchase
M
0 0
price together with sufficient information to verify the manner in
which the purchase price is determined.
5. It is further agreed that City, in consideration of the
matters hereinabove set forth, shall not oppose proposed Annexation
No. 16 to District and shall cooperate in any reasonable manner
necessary in order that District might accomplish proposed Annexa-
tion No. 16 to District at the earliest possible date.
6. District hereby acknowledges that based on Section 4730
of the Health and Safety Code of the State of California it is not
entitled by reason of the accomplishment of proposed Annexation
No. 16 to District to have representation on the Board of Directors
of County Sanitation District No. 5.
7. Notice. Any notice or instrument required to be given or
delivered by depositing the same in any United Stated Post Office,
registered or certified, postage prepared, addressed to the
addresses of the parties hereto shall be as follows:
TO DISTRICT: IRVINE RANCH WATER DISTRICT
P. 0. Box D -I
Irvine, California 92664
TO CITY: CITY OF NEWPORT BEACH
City Hall
3300 Newport Boulevard
Newport Beach, California 92660
and shall be deemed to have been received by the party to whom
the same is addressed at the expiration of seventy -two (72) hours
-7-
0 0
after deposit of the same in the United States Post Office for
transmission by registered or certified mail as aforesaid.
8. It is further agreed by City and District that in the
event Annexation No. 16 to District is not completed on or before
October 1, 1972, this Agreement, without further act of either
party, shall terminate and be of no further effect.
IN WITNESS WHEREOF the parties hereto have executed this
Amended Agreement the day and year first hereinabove set forth.
IRVINE RANCH WATER DISTRICT
By
President
By C
Secretary
CITY OF NEWPORT BEACH
(SEAL)
✓�P
FOaN -8-
(SEAL)
AFs' ;•DIED AS 70 FORRM
:. 774111P T.
U,,, -
rji
- y , amt- � � :. � �':� ,i ,� 1,' .:v •" 'k. /..
M
IN
a o
;U z q
H 10
-
C
�..
0 JOE,
Cm
0
Cim
f Ica. \w .W � h: '�_� �•: � { ,. .:,J :.
x..11 1 \ -.. Y' l+P 4l •`_1!
Pi
I& TSt
A6 IJ
O.O '�i. I •' - � � :- 's;''• fit, a -a!, /, .5,� � . <,''� -✓' y.('�,, ��•�•
D n J 1
N r �/• i ..
Legend = / / /// area of possible service bqundary adjustment
TI
Legend = / / /// area of possible service bqundary adjustment
RESOLUTI01 NO. - 01 t"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF _�EWP0RT BEACH AUTHORIZING THE EXECUTION OP
A3;r—�NDMENT TO AN ",GRS:_'dENT BET 'E'EN T FE C�%'_
OF NEWPORT BEACH AND THE IRVINE RANCH WATER
DISTRICT RELATIVE TO POSSIBLE FUTURE ADJUST` ":INT
OF SERVICE AREA BOUNDARIES
WHEREAS, there has been presented to the City Council
of the City Of Newport. B ?ach an amendment 1-0 the agreemenl-
ba tW e e n the City of N WUOr`1 Seac,i and �-he __'. ine R' -,n "'n '%-? -+i'._
District relative to future adjustment of service area boundaries
executed on September 11, 1972; and
WHEREAS, the City Council has considered the terns and
conditions of said amendment and found them to be reasonable and
in the best interest of the City;
NOW, THEREFORE, BE IT RESOLVED that said amendment
relevant to the Agreement to Adjust Possible Future Service Area
Boundaries is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ADOPTED this 10th day of September , 19 73.
ATTEST:
ty Clerk
Mayor
'DUN (.Lm
9,/-5,/7 3
AB:ct 9/6/72
i !
AGREEMENT BETWEEN IRVINE RANCH WATER
DISTRICT AND CITY OF NEWPORT BEACH
RELATIVE TO POSSIBLE FUTURE ADJUSTMENT
OF SERVICE AREA BOUNDARIES
THIS AGREEMENT is made and entered into this j /,X6 day
of 1972, by and between the IRVINE RANCH
WATER DISTRICT, hereinafter referred to as "District ", and the
CITY OF NEWPORT BEACH, hereinafter referred to as "City ";
W I T N E S S E T H:
WHEREAS, District has heretofore undertaken investigations
relative to how and in what manner the area now situated within
District and area immediately adjacent thereto, southerly of the
existing southerly boundary line of District, might be provided
with water and sewer facilities in a timely, efficient, and
economic manner, and
WHEREAS, a proposal relative to Annexation No. 16 to
District has been submitted to the Local Agency Formation Commis-
sion of Orange County for consideration, and
WHEREAS, accomplishment of such annexation at this time
is necessary in order to permit District to establish and commence
implementation of a program for financing and constructing the
necessary facilities for the area depicted in Exhibit "A" to this
Agreement, and
WHEREAS, it has been determined by District and City that
it would be in the best interests of both parties to execute an
agreement relative to certain matters of mutual interest and benefit
to both District and City, which matters are hereinafter specifically
set forth;
-1-
0
E
NOW, THEREFORE, in consideration of the mutual promises
and covenants herein contained, the parties to this Agreement
do agree as follows:
1. District agrees that as to the area designated in
Exhibit "A" to this Agreement, which document is by this refer-
ence made a part hereof, it will initiate annexation proceedings
upon approval of the proposed annexation by the Local Agency
Formation Commission, and thereafter initiate and diligently
pursue to completion annexation proceedings as well as proceedings
to establish an authorization of bonds to be issued, if, as and
when needed. The proceeds of the bonds so authorized shall be
used to construct facilities for transmission, storage, and dis-
tribution of water, as well as collection, treatment, reclamation,
or disposal of sewage and waste water, which proceedings shall
include the area designated on the portion of Exhibit "A" as the
area of possible service boundary adjustments between City and
District. It is further agreed that in the event that such water
and sewer facilities are constructed in this area by District and,
if at a later date, City and the owners of the property depicted
on Exhibit "A" to this Agreement or their successors desire to
and do in fact accomplish the annexation of such territory in
whole or in part to City, that District will convey to City such
water and sewer facilities or capacities in such water and sewer
facilities to the extent necessary to provide for water and sewer
service to the area in question. The determination as to which
water and sewer facilities or the extent of the capacity in such
water and sewer facilities to be conveyed to City by District
-2-
0
shall be determined on the basis of sound engineering practices
as well as existing practices of good utility management. It is
acknowledged that in such instances a facility may be conveyed in
its entirety or that only capacity in an existing facility may be
conveyed. It is the intent of both parties that sufficient water
and sewer facilities, or capacity in water and sewer facilities
will be maintained by District to serve any adjacent property or
portion of the area described in Exhibit "A" which are not annexed
to City. The foregoing proviso is subject to and in furtherance
of the authority of the Local Agency Formation Commission of Orange
County or its successor to make such a decision as part of any
such proceedings referred to hereinabove pursuant to the provisions
of Section 56470 of the Government Code and any other applicable
provisions of law. It is acknowledged and agreed that such may
occur either as one annexation or as a series of annexations. It
is further acknowledged and agreed that said boundary adjustments
may require detachment of territory from District. District agrees
that in such event it shall execute and deliver to City such docu-
ments as are reasonably necessary to convey the above described
water and sewer facilities or capacity in the above described water
and sewer facilities to City. Further, District, at the request of
City, shall execute and deliver to City such documents as are reason-
ably necessary to undertake detachment proceedings relative to
detachment of territory from District to the extent necessary to
accomplish the purposes of this Agreement. Such areas of possible
detachment from District shall be only to the extent described on
Exhibit "A" to this Agreement. It is agreed as a condition of any
such requisite boundary adjustment and transfer of water and sewer
-3-
E
0
facilities or capacity in water and sewer facilities that pursuant
to the provisions of Section 56470 of the Government Code a portion
of the District Reorganization Act of 1965 there shall be an appor-
tionment of liability for payment of an appropriate portion of the
principal and interest on bonds that have been issued, the proceeds
of which have been used to construct water and sewer facilities
affected by this Agreement. As an alternative means of accomplish-
ing this purpose, City may pay to District an annual amount equal
to what the territory in question would have paid in tax assess-
ments or other charges had it remained part of the District to the
extent that such are required for debt service on outstanding bonds
issued pursuant to the proceedings referred to in paragraph 1 of
this Agreement.
2. Interconnection of Facilities. It is agreed by District
and City that a system of interconnections between the water facili-
ties of City and District shall be established consistent with sound
utility management principals to provide safeguards against the
possible failure of either the system of City or District. It is
the intent of this provision that each of the entities agree to
provide water in such instances at its cost in the event of a failure
on the part of the facilities of either City or District.
3. In regard to the eighteen (18 ") inch water transmission
line initially constructed to provide service to the commercial
development in City known as Newport Center, City agrees that Dis-
trict may utilize existing surplus capacity therein as an initial
interim transmission line to the areas described in Exhibit "A" as
the area of possible future service area adjustments, provided that
District shall furnish all water, transmitted for use by District.
-4-
6 r
This, as well as the other rights of District set forth herein, is
in consideration of the commitments and obligations hereinabove set
forth of District. It is agreed, however, that use of the eighteen
(18 ") inch water transmission line by District, to the extent here-
inabove referred to is subject to the requirement that an emergency
alternative means of transmission be established simultaneously with
the connection of District's facilities to the hereinabove described
facilities of City. It is acknowledged that such surplus capacity
was previously constructed at no cost to City. Such initial use
by District shall be terminated by District upon receipt of twelve
(12) months' prior written notice from City.
4. It is further agreed that in the event at a future date
City determines that it does not need capacity that it now owns in
a certain water transmission facility located within the public
highway known as Pacific Coast Highway, it agrees to extend to
District the opportunity to purchase such facility based on the
replacement costs less depreciation or such other terms and condi-
tions as are mutually agreed upon. It is contemplated that District,
in such event, may acquire such facility with bond proceeds proposed
to be issued by District. In the event that City makes such deter-
mination, it shall give notice of such determination to District,
and District, upon receipt of such notice shall within ninety (90)
days thereafter advise City of its election to purchase the facility
in question. The notice of District shall specify the purchase
price together with sufficient information to verify the manner in
which the purchase price is determined.
5. It is further agreed that City, in consideration of the
matters hereinabove set forth, shall not oppose proposed Annexa-
tion No. 16 to District and shall cooperate in any reasonable manner
-5-
necessary in order that District might accomplish proposed Annexa-
tion No. 16 to District at the earliest possible date.
6. District hereby acknowledges that based on Section 4730
of the Health and Safety Code of the State of California it is
not entitled by reason of the accomplishment of proposed Annexation
No. 16 to District to have representation on the Board of Directors
of County Sanitation District No. 5.
7. Notice. Any notice or instrument required to be
given or delivered by depositing the same in any United States
Post Office, registered or certified, postage prepaid, addressed
to the addresses of the parties hereto as follows:
TO DISTRICT: Irvine Ranch Water District
P.O. Box D -I
Irvine, California 92664
TO CITY: City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, California 92660,
and shall be deemed to have been received by the party to whom the
same is addressed at the expiration of seventy -two (72) hours
after deposit of the same in the United States Post Office for
transmission by registered or certified mail as aforesaid.
8. It is further agreed by City and District that in the
event Annexation No. 16 to District is not completed on or before
October 1, 1972, this Agreement, without further act of either
party, shall terminate and be of no further effect.
IN WITNESS WHEREOF, the parties hereto have executed
these presents the day and year first hereinabove set forth.
CITY OF NEWPORT BEACH
By
Mayor
BY l���l- .�(.�.od i
City Cle ry I-
IRVINE RANCH WATER DISTRICT
i
BY -
Presi.dent
i
Secretary /
-7-
C7 Xq e
N1 < 1i� -` -• Y`� �. O
IN
z O y .0 ` Dp
a m
0 p
.a
D 9 CD��
CO
C
D
O p A
D jT1 �`s t `y
T
D a •, l
r
r ,
N
T
M
rl
Legend = / / /// area of possible service bqundary adjustment
RESOLUTION NO. ; 1 J
A RESOLUTION OI' THE CITY COUNCIL
OF NEWPORT BEAC17 AUTHORIZING THE
AN AGREENPENT BETWEEN THE CITY OF
BEACH AND THE IRVINE RANCH WATER
RELATIVE TO POSSIBLE FUTURE ADJU
SERVICE AREA BOUNDARIES
OF THE CITY
EXECUTION OF
NEWPORT
DISTRICT
3TMENT OF
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain contract between the City
of Newport Beach and the Irvine Ranch Water District, relative
to possible future adjustment of service area boundaries; and
WHEREAS, the City Council has considered the terms and
conditions of said contract and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said contract above described is
approved, and the Mayor and City Clerk are hereby authorized and
directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 11th day of September, 1972.
ATTEST:
City Clerk
Mayor
DON:mh
9/7/72