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Home My WebLink About06/06/2006 Blue Sheet Water Memorandum of Understanding June 6, 2006 AGENDA ITEM: TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA J.7 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2006-78: Relating to Water Service; approving and authorizing the execution of the Memorandum of Understanding between the Flowing Wells Irrigation District, the Town of Marana, the Metropolitan Domestic Water Improvement District and the Town ofOro Valley to cooperate in the development of a northwest regional water system to treat and deliver renewable water resources. DISCUSSION This memorandum of understanding (MOU) is made and entered into by and between the Town of Marana, the Flowing Wells Irrigation District, the Metropolitan Domestic Water Improvement District and the Town of Oro Valley, collectively referred to as the NW Water Providers. The NW Water Providers desire to cooperate in the development of a northwest regional water system to treat and deliver renewable water resources, with focus on the Central Arizona Project water. The objective is to investigate the financing of a system to reliably deliver high-quality water to NW Water Providers' customers and meet the future needs of the needs of their growing communities and to work toward constructing that system. Each provider will determine their level of participation for treatment and delivery capacity. ATTACHMENT(S) Agreement. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of the execution of the memorandum of understand between the NW Water Providers to cooperate in the development of a northwest regional water system to treat and deliver renewable water resources. SUGGESTED MOTION I move to approve Resolution No. 2006-78. BLU NW Water Providers 05/31/200611:45 AM APM ""'-"-'--~--""""-"'''''''-~''~-'''''"~''''^''-'''",,~~~'"'- MARANA RESOLUTION NO. 2006-78 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE FLOWING WELLS IRRIGATION DISTRICT, THE TOWN OF MARANA, THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT AND THE TOWN OF ORO VALLEY TO COOPERATE IN THE DEVELOPMENT OF A NORTHWEST REGIONAL WATER SYSTEM TO TREAT AND DELIVER RENEWABLE WATER RESOURCES. WHEREAS, this memorandum of understanding (MOU) is made and entered into by and between the Town of Marana, an Arizona municipal corporation, the Flowing Wells Irrigation District, the Metropolitan Domestic Water Improvement District and the Town ofOro Valley, an Arizona municipal corporation, all of which are collectively referred to as the NW Water Providers; and WHEREAS, the NW Water Providers desire to cooperate in the development of a northwest regional water system to treat and deliver renewable water resources, with focus on the Central Arizona Project water; and WHEREAS, the objective of this MOU is to investigate the financing of a system to reliably deliver high-quality water to NW Water Providers' customers and meet the future needs ofNW Water Providers' growing communities and to work towards constructing that system. Each of the NW Water Providers will determine their level of participation for treatment and delivery capacity; and WHEREAS, the NW Water Providers desire formalize the structure of an organization or partnership to develop a mutually beneficial water system; and WHEREAS, the NW Water Providers desire to work toward forming an organization where political, institutional, legal, administrative and financial issues can be researched, investigated and discussed and recommendations can be developed; and WHEREAS, the NW Water Providers concur that there are numerous benefits to working together to develop a reliable water delivery system for their communities, and to protecting and preserving the regional aquifer; and WHEREAS, the Mayor and Council find that the terms and conditions ofthe MOU are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The MOD between the NW Water Providers, attached as Exhibit A to and incorporated here by this reference, to cooperate in the development of a northwest regional water system to treat and deliver renewable water resources is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of June, 2006. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2 APM 05/31/2006 MEMORANDUM OF UNDERSTANDING BETWEEN FLOWING WELLS, THE TOWN OF MARANA, METRO AND THE TOWN OF ORO VALLEY THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the Town of Marana, an Arizona municipal corporation, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District and the Town of Oro Valley, an Arizona municipal corporation, all of which are collectively referred to as the "NW Water Providers". RECIT ALS A. The NW Water Providers desire to cooperate in the development of a northwest regional water system to treat and deliver renewable water resources, with focus on the Central Arizona Project water. B. The objective of this MOD is to investigate the financing of a system to reliably deliver high-quality water to NW Water Providers customers and meet the future needs of NW Water Providers' growing communities and to work towards constructing that system. Each of the NW Water Providers will determine their level of participation for treatment and delivery capacity. C. The NW Water Providers desire to formalize the structure of an organization or partnership to develop a mutually beneficial water system. D. The NW Water Providers desire to work toward forming an organization where political, institutional, legal, administrative and financial issues can be researched, investigated and discussed and recommendations can be developed. E. The NW Water Providers concur that there are numerous benefits to working together to develop a reliable water delivery system for their communities, and to protecting and preserving the regional aquifer. AGREEMENT NOW, THEREFORE, in consideration of the foregoing promIses and the mutual covenants set forth in this MOD, the NW Water Providers hereby agree as follows: {00001887.DOC /} 1. A Management Group will consist of Managers and/or Directors from each of the NW Water Providers that will oversee the supporting Technical Groups consisting of staff, consultants and external entities for the purpose of providing technical support for planning for the design and construction of a water treatment and delivery system. This Management Group shall evaluate and determine the need for additional services primarily focusing on financial, legal and public relations needs. 2. The NW Water Providers understand that cooperation with external entities is an important and critical element. These entities may include, but are not limited to, the U.S. Bureau of Reclamation, Central Arizona Water Conservation District, Southern Arizona Water Users Association, Arizona Department of Water Resources and the Arizona Department of Environmental Quality. 3. The NW Water Providers will evaluate a water system to treat and deliver renewable water resources and will perform selected studies which will include system planning, design capacity, pipeline alignments, water treatment technologies, environmental studies, construction cost estimates, financial analyses and cost share studies. 4. The NW Water Providers shall work with each other to develop and implement a public involvement process. 5. The NW Water Providers shall work towards developing a formal proposal to implement the goals and objectives set forth in this MOU. The agreement could be an Intergovernmental Agreement or another type of establishing agreement, and would include the structure for governance of a cooperative venture, as well as administrative, technical, financial and operational procedures. 6. The NW Water Providers agree that any costs for studies and other necessary work will be shared among the Providers. The NW Water Providers agree to present a cost sharing and reimbursement recommendation to be approved by their respective governing bodies prior to authorizing and/or performing any studies and any other necessary work. IX"",,";! Pm'h"\".'^\I",-f1^_OJir~\I'iW:}V~..J'J;~~QlJ_(I4'"'^_I1Q(:II.'JJ''' ..,"'... ~fm"'.~9} 2 7. Any water provider may terminate its participation in this MOD upon forty five (45) days written notice to the other providers. IN WITNESS WHEREOF, the NW Water Providers hereto have executed this MOD as of the last date set forth below their respective signatures. FLOWING WELLS IRRIGATION DISTRICT TOWN OF MARANA Manuel C. Valenzuela, President Board of Directors Ed Honea, Mayor Date: Date: METRO POL IT AN DOMESTIC WATER IMPROVEMENT DISTRICT TOWN OF ORO VALLEY Dan M. Of fret, Chair Paul H. Loomis, Mayor Date: Date: ATTORNEY CERTIFICATION The undersigned attorneys for Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley have determined, each as to their respective client only, that this MOD is in proper form and is within the powers and authority granted under Arizona law to Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town ofOro Valley. FLOWING WELLS IRRIGATION DISTRICT TOWN OF MARANA Spencer Smith, FWID Attorney Frank Cassidy, Town Attorney Date: Date: I"Cnlln.;j)'ock"<\")("\f"-06,-""~'>ll'.""g,w \\'B1"J"')~,MOll-nmn" J)()!:II.~I'" "'ah.. ~f~"'I'.NJe9}3 METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT Name Date: TOWN OF ORO VALLEY Melinda Garrahan, Town Attorney Date: 1:\('0.000;1 P~"""\7I'I^\II/;-~~>>'Wa"LI'r"vi",,:,MO,,-~IL'}I""""" ~f'Sl8",~}4