AMENDMENT NO. 6 to
JOINT EXERCISE OF POWERS AGREEMENT
creating the
CHINO BASIN DESALTER AUTHORITY
WHEREAS, a Joint Exercise of Powers Agreement (“Original Agreement”) creating the Chino Basin Desalter Authority (“CDA”) was made and entered into as of the 25th day of September, 2001 by and among the Jurupa Community Services District (“JCSD”), the Santa Ana River Water Company (“SARWC”), the cities of Chino (“Chino”), Chino Hills (“Chino Hills”), Norco (“Norco”) and Ontario (“Ontario”) and the Inland Empire Utilities Agency (“IEUA”) (collectively, the “Original Members” and individually, an “Original Member”); and WHEREAS, Amendment No. 1 to the Original Agreement (“Amendment No. 1”) was entered into by the Original Members as of December 11, 2001; and WHEREAS, Amendment No. 2 to the Original Agreement (“Amendment No. 2”), dated as of October 30, 2008, was entered into by the Original Members and Western Municipal Water District, a California water district (“WMWD”; the Original Members and WMWD are collectively referred to herein as the “Members”); and WHEREAS, the Members entered into Amendment No. 3 to the Original Agreement (“Amendment No. 3”), dated as of February 18, 2010; and WHEREAS, the Members entered into Amendment No. 4 to the Original Agreement (“Amendment No. 4”), dated on or about March 21, 2012; and WHEREAS, the Members entered into Amendment No. 5 to the Original Agreement (“Amendment No. 5”), dated on or about July 20, 2013; and WHEREAS, the Original Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5 is referred to herein as the “Agreement”; and WHEREAS, the Members now desire to enter into this Amendment No. 6 to Joint Exercise of Powers Agreement creating the Chino Basin Desalter Authority (“Amendment No. 6”) to authorize the CDA Board of Directors to, as more particularly described below.
NOW THEREFORE, the Members hereto agree that the Agreement shall be amended as follows:
Section 2.6 of the Agreement is hereby amended, restated and superseded by the following:
Stipend. The CDA shall pay a stipend to each of the Members of the Board, including each ex-officio Member, in the amount(s) and for attendance at such meeting(s) as determined by the Board of Directors by Resolution. In addition, a Director or alternate Director shall be reimbursed for reasonable expenses incurred in the conduct of the business of the CDA.
Initially capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement.
Except as expressly set forth in herein, nothing in this Amendment No. 6 shall constitute an amendment to any other provision of the Agreement.
IN WITNESS WHEREOF, the Members have executed this Amendment No. 6 to Joint Exercise of Powers Agreement creating the Chino Basin Desalter Authority as of the dates set forth below.
CITY OF ONTARIO
DATED: __________ BY:
CITY MANAGER
DATED: __________ ATTESTED: ______________________________
CITY CLERK
APPROVED AS TO FORM
JURUPA COMMUNITY SERVICES DISTRICT
DATED: __________ BY:
PRESIDENT
DATED: __________ ATTESTED: ______________________________
SECRETARY
APPROVED AS TO FORM
CITY OF CHINO
DATED: __________ BY:
MAYOR
DATED: __________ ATTESTED: ______________________________
CITY CLERK
APPROVED AS TO FORM
CITY OF CHINO HILLS
DATED: __________ BY:
MAYOR
DATED: __________ ATTESTED: ______________________________
CITY CLERK
APPROVED AS TO FORM
CITY OF NORCO
DATED: __________ BY:
MAYOR
DATED: __________ ATTESTED: ______________________________
CITY CLERK
APPROVED AS TO FORM
SANTA ANA RIVER WATER COMPANY
DATED: __________ BY:
PRESIDENT
DATED: __________ ATTESTED: ______________________________
SECRETARY
APPROVED AS TO FORM
INLAND EMPIRE UTILITIES AGENCY
DATED: __________ BY:
PRESIDENT
DATED: __________ ATTESTED: ______________________________
SECRETARY
APPROVED AS TO FORM
WESTERN MUNICIPAL WATER DISTRICT
DATED: __________ BY:
PRESIDENT
DATED: __________ ATTESTED: ______________________________
SECRETARY
APPROVED AS TO FORM
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN BERNARDINO )
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