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HomeMy WebLinkAboutCC RESO 7566RESOLUTION NO. 7566 RESOLUTION APPOINTING NATIONAL CITY REPRESENTATIVE TO BOARD OF DIRECTORS OF SAN DIEGO COUNTY WATER AUTHORITY WHEREAS, WALTER F. HODGE, as Mayor and as the Chief Executive Officer of the City of National City has designated and appointed CHARLES KERCH as the representative of the City of National City on the Board of Directors of the San Diego County Water Authority for the full six (6) year term provided by law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES RESOLVE AS FOLLOWS: The City Council of the City of National City does hereby give its consent and approval to the designation and appointment of said CHARLES KERCH as the representative of City of National City on the Board of Directors of the San Diego County Water Authority. That the City Clerk be and hereby is authorized and directed to send a certified copy of this resolution to the San Diego County Water Authority. PASSED AND ADOPTED this day of August, 1959. ATT EST •• CITY CLERK i/ MAYOR t- pay its respective share of the cost of acquisition. The election day for each election shall be held as soon as practicable and in no event later than four (4) months after initial entry of a judgment awarded in the condem nation proceeding, and on the same day in each agency. If the bonds of either public agency fail to receive the re- quired approval and if such public agency is unable other- wise to proceed with the payment of its share of the cost of acquisition, this agreement shall be terminated. If, however, bonds of both public agencies receive the required approval or if the public agencies are otherwise able to proceed with the payment of their respective shares of the cost of acquisition, all steps necessary to consummate the payment to the Company shall be taken and completed with all practical dispatch. Each agency shall bear its own costs incurred in connection with holding and conducting the elections -herein referred to. Section 7. Administration, Maintenance and Operation. It is understood and agreed that following the acquisition of said Sweetwater water system as herein contemplated, each public agency may and shall operate, independent of the other, a local water system for the purpose of distribution, delivery and sale of water to customers within its territorial limits and within such service areas as it may have outside said limits, and each public agency shall have exclusive jurisdiction and control over the operation, maintenance, repair, improve- ment and extension of its local water system and the 10. rates and other terms of service to its customers. To that end, it is understood and agreed that all separately owned facilities shall be acquired under and pursuant to this agreement,but once acquired shall be under the exclu- sive jurisdiction and control of the public agency owning the same, except additions and improvements to water pro- duction facilities so owned, covered by Section 9 hereof. It shall be further understood that even though separately owned water production facilities shall be under the exclu- sive control of and operated by said agency, such facilities shall be operated in a manner approved by SOUTH BAY as administrator of the jointly owned facilities for the mutual benefit of both agencies. Water production facilities are defined as all jointly owned facilities described in Part 1 of Group A of Exhibit 1 and all separately owned wells, to- gether with works and facilities appurtenant thereto, includ- ing booster plants located at said wells as described in Parts 1-(a) and 2-(a) of Group B of Exhibit 1. SOUTH BAY shall operate, maintain, manage and control the jointly owned facilities (Group A of Exhibit 1) in an efficient and economical manner and maintain and preserve them in good repair and working order all in accordance with recognized good engineering practices. SOUTH BAY shall buy water fron the San Diego County Water Authority for itself and as agent for NATIONAL CITY. For said purpose only, NATIONAL CITY hereby appoints SOUTH BAY its agent. NATIONAL CITY may revoke said agency upon giv- ing three (3) months written notice thereof to SOUTH BAY. SOUTH BAY shall receive water from the San Diego County 11. Water Authority and water from the Sweetwater River and from any other source into the jointly owned facilities. Water produced and/or obtained by either public agency within its boundaries shall be considered comingled with water delivered by or used in the jointly owned facilities and the public agency producing and/or obtaining such water shall send periodic bills to SOUTH BAY for maintenance and operation costs. SOUTH BAY shall send periodic (at least annually and not more often than monthly) bills to NATIONAL CITY for its share of the administration, maintenance and operation costs. Said bills shall be itemized for the various parts of the jointly owned facilities and separately owned water production facilities and contain the total amount of each item and NATIONAL CITY'S share. Allocation between administration (Administrative and General, Miscellaneous) maintenance and operation expenses shall be in accordance with the Uniform System Of Accounts For Water Utilities established by the Public Utilities Commission of the State of California (effective January 1, 1955). SOUTH BAY shall follow recognized good accounting principles for the proper allocation of overhead costs and other costs for work, material and services partly attributable to various portions of the joint project and partly attributable to SOUTH BAY alone. Administration expenses of jointly owned facilities (Group A of Exhibit 1) shall be allocated accord- ing to the composite ownership thereof. 12. Operation expenses of all water production facilities (Part 1 of Group A, Parts 1-(a) and 2-(a) of Group B) shall be allocated according to total monthly water deliveries to each public agency. Total monthly water deliveries shall be determined by the establishment of meters where practicable and where not practicable in accordance with SOUTH BAY'S estimate of such deliveries made in accordance with good engineering practice. Opera- tion expenses of all other jointly owned facilities (Part 2 of Group A) shall be divided according to the monthly water deliveries to each agency by means of each such facility. It is recognized that in dividing the operation expenses of some of said jointly owned facilities (Part 2 of Group A), the actual measurement of water going through said facilities is too expensive in proportion to the small dollar amount involved to be practical. In such cases SOUTH BAY'S estimate made in accordance with good engineering practices shall be used Maintenance expenses of the jointly owned water production facilities (Part 1 of Group A) and of the separately owned water production facilities (Parts 1-(a) and 2-(a) of Group B),shall be allocated in proportion to the ownership of Part 1 of Group A. Maintenance expenses of jointly owned facilities in Part 2 of Group A shall be allocated in proportion to the ownership by each agency of each such facility. By its purchase of water from the San Diego County Water Authority, SOUTH BAY shall keep the relative 13. amounts of water each agency has in storage in the jointly owned facilities from time to time at a ratio in accordance with the percentage ownership of items set forth in Part 1 of Group A of Exhibit 1< When the amount of water in stor- age to the account of one agency for the preceding month is less than its said ratio, it shall be charged with all of the water next received from the San Diego County Water Authority until it has in storage its said ratio of water then in stor- age. The charges made by the San Diego County Water Authority for water delivered into Sweetwater Reservoir or any other jointly owned facility at the request of SOUTH BAY either for itself or as agent for NATIONAL CITY shall be shared in accordance with the percentage ownership of items set forth in"Part 1 of Group A of Exhibit 1, except for water necessary to be received by either agency in order to maintain its ratio of water in storage which shall be charged to the agency so receiving it. Reservoir los=e hall, be apportioned accord- ing to the amount of water each public agency has in storage. If SOUTH BAY is unable for any reason to purchase from the San Diego County Water Authority sufficient water to accomplish the foregoi',: and whenever the amount of water in storage to the account of NATIONAL CITY is greater than its said ratio and SOUTH -AY i currently taking all of the water available to it from San Diego County Water Authority, SOUTH BAY may request NATIONAL CITY to order from the San Diego County Water Authority an amount of water equal to NATIONAL C ITY°S current use and to release to SOUTH BAY an equal amount of local water supply available to NATIONAL CITY, Local water supply for each agency is equal to its 14. portion of current inflow from Sweetwater River and wells plus the local water supply in storage. Upon such request, NATIONAL CITY shall order said amount of San Diego County Water Authority water and shall deliver to SOUTH BAY from NATIONAL CITY'S local water supply a like amount of water. In consideration of receipt of such local water SOUTH BAY shall pay NATIONAL CITY an amount equal to the charges made to NATIONAL CITY for the water delivered by San Diego County Water Authority pursuant to said request made by SOUTH BAY. In order that the Joint project shall continue to operate and creditors be promptly paid, NATIONAL CITY shall within thirty (30) days from billing pay SOUTH BAY its share of said cost as shown on .aid bill; provided, however, that any amounts in dispute shall be paid with a notation that they are paid under protest and shall be repaid at a later time if so decided by competent authority or by arbitration as provided in this agreement. SOUTH BAY shall receive money paid by NATIONAL CITY and disburse all money spent in connec- tion with the jointly owned facilities. Revenues from sale or lease of jointly owned land or derived in any other way from the jointly owned facilities shall be credited to each agency in proportion to its owner- ship of Part 1 of Group A of Exhibit I. SOUTH BAY shall inspect the jointly owned facilities at reasonable intervals (but this shall not prevent NATIONAL CITY from making its own inspection of the jointly owned facilities so long as the operation of the said facilities is not hindered). 15. Section 8. Repair and Replacement. Said jointly owned facilities shall be maintained by SOUTH BAY in good repair and working order in accordance with recognized good engineering practices. It shall be the duty of SOUTH BAY to make repairs on jointly owned facilities and to make replacements which are required to keep said facilities producing and distributing adequate water to supply the demands of each agency. All such repairs andreplacements costing less than $20,000 per installation on any facility, including those which result in modernization and enlargement of capacity, shall not be considered new construction under Section 9 hereof. All such repairs and replacements costing more than $20,000 per installation on any facility shall be considered new con- struction under Section 9 hereof. The costs of such repair or replacement of the jointly owned facilities shall be borne by each public agency in proportion to ownership thereof. Repair and replacement of any water producing facility owned 100% by either agency (Parts 1-(a) and 2-(a) of Group B of Exhibit 1) shall be made by the owner thereof and the cost shall be divided between the public agencies in proportion to the ownership of Part 1 of Group A of Exhibit 1. In the event of a major disaster (whether from natural cause such a earthquake and the like, or man made such as explosion, attack by nuclear weapons and the like) it might not be deira le and in the public interest to repair or rebuild the jointly owned facilities, and if either public agency so decides, it shall, within one hundred twenty (120) days from said disaster, notify the other and as to such jointly owned facilities this agreement 16. shall be terminated. The other public agency may then proceed to repair and reconstruct such jointly owned facilities, and should such repair and reconstruction be made, the proportionate ownership and capacity rights of the non -participating public agency shall be reduced by what would have been its proportionate share of said repair and construction cost and the percentage of Total Value of the item or item shall be recomputed. In letting all con- tracts for jointly owned facilities SOUTH BAY shall require the contractor to furnish a bond for faithful performance and a bond for labor and material which shall run to both public agencie Section 9. New Con: tructiono Except for any water producing facility owned 100% by either public agency, each public agency may make addi- tions and imprvemente to parts owned 100% by it, said addi- tion, and lmprovem nts to be owned and paid for entirely by the public agency making them Each public agency may propose to the other addi- tions or improvements to jointly owned facilities and to water produci 1 facilities owned 100% by either agency. Said proposal shall desert the improvement, the cost thereof, the sharin of cost, the ownership and the method of adjusting owner hip fLf it is to be adjustable. If the two public agencies agree, the aency holdin; title shall proceed to acquire and construct the proposed addition or improvement in the manner and in accordh.nce with whatever agreement they have made pertaining thereto. If the two public agencies do not agree the proposer may proceed to acquire and construct the 17, proposed addition or improvement, which shall, in said event, be owned solely by it and if the refusing agency uses said addition or improvement it shall pay for said use an annual rental, which annual rental shall be 10% of its share of the cost thereof plus its share of maintenance and operation expenses, which share, in each case, shall be determined in proportion to estim,.Lted use. Section 10. Records and Accounts, SOUTH BAY shall keep proper books of records and accounts in which complete and correct entries shall be made of all transactions (including all receipts and disbursements) relating to the acquisition, construction, administration, maintenance, operation and repair of said parts of the jointly owned faciiitie , and any water producing facility owned 100% by either public agency. SOUTH :iAY shall keep a water ledger which will monthly reflect for each agency separately and the total of (1) Sweetwater Reservoir storage, (2) Sweetwater Reservoir change in storage, (3) Sweetwater River inflow to Sweetwater Reservoir, (4) supply from wells and other local supplies, (5) deliveries from San Diego County Water Authority, (6) releases from Sweetwater Reservoir, (T) net Reservoir losses, (8e water demand, (9) charges for San Diego County Water Authority water, (10) total water deliveries, (11) water deliveries through each facility of Part 2 of Group A. The water ledger shall also record the monthly water records of Loveland Reservoir including inflow, releases and storage. Water demand" as used herein means the gross water input to the system below Sweetwater Reservoir. 18. Metering points for said measurements as now contemplated are shown on Exhibit 2, but the showing on said Exhibit shall not prevent SOUTH BAY from establish- ing more or fewer metering points or using different locations if said changes are necessary. The flow of the Sweetwater River shall be measured at a stream gauging station to be establi-hed on said river at the head of the Sweetwater Reservoir. SOUTH BAY shall keep meter records to determine the amount of water used by each public agency and where required by this agreement, to determine the amount of water used in any part of the jointly owned facilities. Said books, ledgers and records shall, upon written request be subject to inspec- tion by any duly authorized representative of NATIONAL CITY. Said books, ledgers and accounts shall be audited annually by an independent certified public accountant or firm of certified public_ accountants appointed by NATIONAL CITY, a copy of the report of such accountant or account- ants shall be given to each public a encyo NATIONAL CITY shall notify SOUTH BAY a reasonable time before the audit is to commence the identity of the auditor or auditing firm. The expense of said au it and other record keeping and accounting cots shall be shared by said public agencies in proporton to the ownership of Group A of Exhibit 1. Section 11e Insurance. SOUTH ,SAY shall at all times maintain with responsible insurers all such insurance on the jointly owned facilities as is customarily maintained with respect Igo to works and property of like character against loss of or damage tc such works or property. SOUTH BAY shall also maintain with responsible insurers workman's compensation insurance and insurance against public liability and property damage to the extent reasonably necessary to protect both public agencies. Said insurance shall run to both public agencies as their interest may appear. The cost of said insurance is a cost of administration expense of Group A of Exhibit 1. Section 12, Service Area - Future Annexations. It is intended that the service area of each agency shall include all lands lying within said agency. Nothing herein contained shall be construed to encourage or militate against future annexations to or exclusions from either agency. If lands now within SOUTH BAY are subsequently annexed to NATIONAL CITY, SOUTH BAY shall cooperate to the end that water consumers thereof may be served by NATIONAL CITY. If lands now within NATIONAL CITY are excluded therefrom and are annexed to SOUTH BAY, NATIONAL CITY shall cooperate to the end that water consumers thereof may be served by SOUTH BAY. In either event, each agency shall work together in order that such transfers of pipelines and other works, adjustments of ownership in jointly owned facilities, payment of compensa- tion to the agency losing water consumers and other matters necessary may be fairly and equitably accomplished both to the area being transferred and to the remaining water consumers and taxpayers of the agency from which the water 20. consumers are so transferred. Section 13. Arbitration. All controversies arising out of the interpre- tation or application of this agreement or the refusal of either public agency to perform the whole or any part thereof may be settled by arbitration in accordance with the provisions of this section. In such event, the contro- versy shall be submitted to a board of three (3) arbitra- tors which shall be appointed, one by SOUTH BAY, one by NATIONAL CITY, and the third by the first two. The public agency desiring arbitration shall notify the other public agency by a written notice stating the followings (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 public agency to appoint its nominee. If the other public agency accedes to arbitration, it shall, within thirty (30) days from the receipt of said notice so notify the other public agency and appoint its nominee. Within fifteen (15) days after the last public agency has appointed its nominee, the two nominees shall appoint the third. None of the arbitrators shall be a resident of or taxpayer in, or own property in, or have a place of business in, or be employed in, or be an officer or employee of either public agency. The arbitration board shall hold at least one hearing and at least ten (10) days before said hearing shall give each public agency written notice thereof. The arbitration shall be restricted to matters relative to that stated in the notice requesting 21. arbitration. The arbitration board shall have no authority to add to or subtract from this agreement. Each public agency shall be given an opportunity to be heard and to present evidence. Upon conclusion of the hearing or hear- ings 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 public agencies. A majority finding shall govern if the arbitrators' determination is notunanimous. Each public agency 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. Section 14. Effect of Agreement, Nature of Obligations. This agreement relates only to the Sweetwater water system presently owned by the California Water and Telephone Co.and proposed to be acquired by the public agencies as herein provided, and to additions to and improvements of said system made as herein provided, and nothing in this agreement shall affect, limit or change any present right, title or interest which either public agency now has in or to any property or property right, including water rights. Anything in this agreement to the contrary notwithstanding, the general fund of a public agency 22. shall not be liable for the payment of any moneys required to be expended or paid by such public agency in the perform- ance of this agreement, nor is the general credit of such public agency pledged to the performance of any such obligation, nor may the other public agency compel the exercise of the taxing power of such public agency to raise funds for the performance of any such obligation. Any moneys required to be paid or expended by a public agency under the terms of this agreement are required to be paid solely from (a) the available proceeds from the sale of any revenue bonds or other bonds or evidence of indebtedness authorized and issued for the purpose of such payment or expenditure and (b) the revenues from the sale of water by such public agency and other revenues of its water system. Each public agency agrees that it will prescribe, revise and collect such rates and charges for the services, facilities and water of its water system as will produce, after allowance for contingencies and error in estimates, sufficient revenues to discharge all obliga- tions under this agreement (except such obligations as may be paid or may be payable from some other source) and all other obligations of the public agency which are a charge upon or payable from such revenues; provided, however, that nothing herein shall be construed as prohibiting such public agency from issuing revenue bonds or other evidences of indebtedness payable from such revenues and which have, as to any sums required for the payment or security of the principal thereof or interest thereon, a priority over obligations payable under this agreement. 23. Section 15. Future Treatment Plant. The parties agree that the construction of a treat- ment plant to treat water served to the consumers of each agency would improve the quality of the water. Unless an adequate plant is constructed by the company and acquired as part of said Sweetwater water system, it is the intent of each agency, as soon as it is economically feasible, to cooperate for the purpose of constructing adequate facilities to accomplish such purpose. At least, annually, and at or near the anniversary date of this agreement each agency agrees to advise the other as to its plans and suggestions for construction of such water treatment facilities. Section 16. Additional Vested Right Hereby Acquired. Anything else in this agreement to the contrary notwithstanding, the title of each public agency in and to water rights and any part of the jointly owned facilities shall not be assignable by operation of law or otherwise without the consent of the other agency, it being the intent of this provision that if for any reason one agency desires to transfer, sell or assign to any person or any public agency its interest in said water rights or jointly owned facilities, the other agency has a vested right of first refusal to buy, for a sum equal to the then fair market value of the jointly owned facilities, the interest of the other agency in and to water rights and the jointly owned facilities. 24. Section 17. Severability. If any section, subsection, sentence, clause or phrase of this agreement, or the application thereof, to either public agency, or any other person or circumstance is for any reason held invalid, it shall be deemed...sever- able and the validity of the remainder of the agreement or the application of such provision to the other public agency, or to any other person or circumstance shall not be affected thereby. Each public agency hereby declares that it would have entered into this agreement and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, sub- sections, clause or phrase, or the application thereof to either public agency or any other person or circum- stance might be held invalid. Section 18. Effective Date. This joint powers agreement shall be valid and binding upon execution hereof. If the bonds of either public agency fail to receive the required approval this agreement shall be terminated and all costs and expenses which have been incurred under it shall, unless specifi- cally controlled by some other section of this agreement, be paid by each public agency in proportion to its com- posite ownership share as shown on Exhibit 1. IN WITNESS WHEREOF, each public agency which is a party hereto has caused this instrument to be 25. executed by its respective officials theretofore duly authorized by the legislative bodies thereof. By SOUTH BAY IRRIGATION DISTRICT By Secretary President Date of Signing (SEAL) , 1959 CITY OF NATIONAL CITY By ATTESIT : City Clerk (SEAL) 26. Mayor Date of Si ing , 1959 EXHIBIT 1 Description and Ownership of Joint Project Facilities Percentage Title of Total Percentage Ownership Held By Value South Bay National City GROUP A. Jointly Owned Facilities Part 1. Major Water Production Facilities (a) Loveland Reservoir lands South Bay (b) Sweetwater Reservoir lands South Bay (c) Riparian lands between Loveland South Bay Reservoir and Sweetwater Reservoir, also called the "Jamacha-Dehesa" (d) Lands acquired for Filter Plant Site South Bay (e) Sweetwater Dam South Bay (f) Sweetwater Dam tank South Bay (g) Booster Plant No. 3 and pipelines South Bay to Sweetwater Dam Tank (h) Loveland Dam South Bay (i) A11 other facilities at or near the South Bay dams useful in operation of the water system, consisting of build- ings, fencing, purification egiip- ment,and other items (j) Non -utility property South Bay 46.65 70.31 29.69 1. EXHIBIT 1 (continued) Part 2. Major Transmission Facilities (a) Transmission Booster Plants Nos. 5 and 6, approximately 17,800 feet of pipeline on the south side of Sweet- water River from the outlet of Sweetwater Dam to the pipeline designated as Part 2(d) in this Exhibit, and approximately 15,500 feet of pipeline on the north side of Sweetwater River from the junction of the transmission pipe- lines to the pipeline designated as Part 2(d) in this exhibit. (b) Approximately 11,200 feet of pipe- line on the north side of Sweet- water River from the pipeline designated as Part 2(d) in this exhibit to near the intersection of 24th St. and Lanoitan Ave. in National City (c) Approximately 3,850 feet of pipeline on the south side of Sweetwater River from Part 2(d) to Part 2(e) of this exhibit. (d) Approximately 2,060.feet of pipeline partially along Willow St. in San Diego County (e) Approximately 4,900 feet of pipeline partially along Mesa Vista Way in San Diego County. Percentage Title of Total Held By Value South Bay South Bay South Bay South Bay South Bay Percentage Ownership South Bay National City 78 22 15 85 98 2 55 45 74 26 2. Part 2 (f) (g) (i) (j) EXHIBIT 1 (continued) Approximately 4,650 feet of pipeline - from near the intersection of Fourth Ave. and D St. in Chula Vista to near the intersection of Highland Ave. and 30th St. in National City. Approximately 8,040 feet of pipeline from near the intersection of Valley Road. and Reo Dr. in San Diego County to near the intersection of.30th St. and N Ave. in National City. (h) Approximately 2,030 feet of pipeline from near the intersection of 30th St. and N Ave. to near the inter- section of 30th St. and Highland Ave. in National City. Lincoln Acres Tank, Lincoln Acres Booster plant and approximately 2,110 feet .of pipeline from the vicinity of Lincoln Acres Booster Plant to Lincoln Acres Tank. Approximately 650 feet of pipeline from Lincoln -Acres Tank to near the intersection of.20th St. and Granger Ave. in National, City Percentage Title of Total Percentage Ownership Held By Value South Bay National City South Bay South Bay South Bay South Bay South Bay 63 37 34 66 38 62 38 62 43 57 3. EXHIBIT 1 (continued) Percentage Title of Total Percentage Ownership Held By Value South Bay National City Part 2 (k) Approximately 1,300 feet of pipeline South Bay 63 37 from near the intersection of 20th St. and Granger Ave. to near the inter- section of 24th St. and Granger Ave. in National City. (1) Approximately 2,700 feet of pipeline from near the intersection. of 24th St. and Lanoitan Ave. to near inter- section of 24th St. and San Miguel School Football Field in National City Percentage of total value of Part 2 and average composite percentage of owner- ship of said items South Bay 4.99 43 57 59.42 40.58 Part 3. Water Rights (a) Water rights in the flow of the By both Sweetwater River and all other public water rights pertaining to said agencies Sweetwater system as tenants 0 70.31 29.69 in common Composite ownership - Group A 51.64 69.26 30.74 4. EXHIBIT 1 (continued) GROUP B. Title. Held By Separately Owned Facilities (Local Water Systems) Part 1. South Bay System (a) Sweetwater Valley wells (b) Remainder of Sweetwater system within boundaries of South Bay Part 2. National City System (a) National City wells and booster pump (b) Remainder of Sweetwater system within boundaries of National City Part 3. (a)* Transportation, communication, power operated, tool, shop and garage equip- ment; material and supplies (b)* All water in storage at the storage and distribution reservoirs at time of acquisition from California Water and Telephone Co. Nontangible property, intangibles, severance and any other items not specifically enumerated in this exhibit Composite ownership - Group B South Bay South Bay • National City National City Composite percentage of ownership of total value (Groups A & B) * Items 3(a), (b) and (c) are to be distributed at time of sale in accordance with ownership of Group A, Part 1, with title held separately. Percentage of Total Value 28.96 11.90 7.50 43.:6 100.00 Percentage Ownership South Bay National City 100 0 70.31 70.79 70.00 0 100 29.69 29.21 30.00 GROUP C. Future Construction (1) (2) All other future jointly and separately owned facilities including future treatment plant facilities Meters shown on Exhibit 2 EXHIBIT 1 (continued) Title Held By To be deter- mined by both parties Percentage Ownership South Bay National City To be determined by both parties South Bay Same as Group A 6. e l(a) Ida 1(h) 2(d) e MaTOR COC4T/OUS xLUU/EGD PJ DGTtaMUJG W4T0E OGZ/UW/G6 (METEES SIWOUGD 4CSO DG CSTADL/SHGD AT ANY OTHG.2 CT/VC WOLGSJ UO2O: The WATOE USG Of SOUT4 LAY CV.CISUMGES OU .VO2771 4/00 OF SWCGTWATCE E./VCE NOT MEASUEOD DY 41)Y Of Mt ABOVE METERS /a ASSUMED CO(/AL TO W2TCE SA1.6S !.0 TN47 ARCH PLC45 A PGRCENj.4GE fOR 4096G& r P4AZ6 Of ./OUYTCY OH//YGO f'C/C/T/C6 Od6CA/45GO //Y OAOU/:1OP tX///b/7 1. 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