RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FOURTH AMENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE
CITY AND METRO WASTEWATER JOINT POWERS
AUTHORITY
WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California) (the “Participating Agencies”) entered into a Joint Exercise of Powers Agreement (“Agreement”), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Wastewater Disposal Agreement; and
WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and
WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and
WHEREAS, on October 17, 2007, the City of Chula Vista was added as a Participating Agency of the JPA; and
WHEREAS, Article VIII, Section 8.05 of the Agreement allows for amendments of the Agreement; and
WHEREAS, all Participating Agencies wish to make certain amendments to reflect updates in officers and employees of the organization.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
A. Pursuant to Article VIII, Section 8.05 of the Agreement, the City of Chula Vista, a Participating Agency, hereby amends the Joint Exercise of Powers Agreement for the Metro Wastewater JPA, as follows:
1. Article III, Section 3.02 is hereby revised in its entirety to read as follows:
Resolution No.
3.02 Treasurer and Auditor . The Treasurer and Audit or may be any person(s) duly appointed by the Board and permitted to serve as the JPA Treasurer and/or Auditor pursuant to Government Code Sections 6505.5 and/or 6505.6. The Treasurer shall be the depository, shall have custody of all of the accounts, fund s, and money of the JPA from whatever source, and shall have the duties and obligations set forth in Government Code sections 6505, 6505.5 and/or 6505.6 as applicable, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the JPA. The officer performing the duties of Auditor shall have the duties and obligations set forth in Government Code section 6505, 6505.5 and/or 6505.6, as applicable.
2. Article III, Section 3.05 is hereby revised in its entirety to read as follows:
3.05 Legal Advisor. The Board shall have the power to appoint the legal advisor of the JPA who shall perform such duties as may be prescribed by the Board.
B. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall remain binding upon each of the Participating Agencies.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date first written above.
Presented by Approved as to form by
Matthew Little, PE Marco A. Verdugo
Acting Deputy City Manager/ City Attorney
Director of Engineering & Capital Projects