AMENDMENT NO. 4 TO
• JOINT EXERCISE OF POWERS AGREEMENT
OF THE WEST COUNTY AGENCY
BY AND AMONG WEST COUNTY WASTEWATER DISTRICT
AND THE CITY OF RICHMOND AND
RICHMOND MUNICIPAL SEWER DISTRICT
The parties to this Amendment No. 4 to the Joint Exercise of Powers Agreement do mutually agree and promise as follows:
1. Parties. The parties to this Amendment No. 4 to the
Joint Exercise of Powers Agreement of the West County Agency, Contra Costa County, California, a joint exercise of powers agency (Agency) are:
City of Richmond
Richmond Municipal Sewer District
West County Wastewater District
2. Purpose. This Amendment No. 4 is being entered into to amend the amended and restated Joint Exercise of Powers Agreement which was entered into by and among the West County Wastewater District, formerly known as the West Contra Costa Sanitary District, and the City of Richmond and the Richmond Municipal Sewer District, on June 15, 1984 (the "Original Agreement") and subsequently amended by Amendment No. 1 on April 2, 1990, Amendment No. 2 on November 23, 1992, and Amendment No. 3 on December 21, 1993.
3. Original Agreement Provisions. The parties hereto
agree to continue to abide by those terms and conditions of the Original Agreement, and any amendments thereto, which are unaffected by this Amendment No. 4.
4. Amendment Provisions. This Amendment No. 4 is subject to the Amendment Provisions attached hereto as Exhibit A and which are incorporated herein by this reference. Said Amendment Provisions supersede any conflicting provisions of the Original Agreement or any amendment thereto.
5. Signatures. These signatures attest the parties'
agreement to the provisions of this Amendment No. 4 to the Joint Exercise of Powers Agreement.
Executed on , 1996, at Richmond, California.
CITY OF RICHMOND
a municipal corporation
Attest:
lula In Barner -P liff
City Clerk Lice Mayor
City Attorney
Executed on 1996, at Richmond, California.
RICHMOND MUNICIPAL SEWER DISTRICT
By_
ayor
HIC.
Ipprovea
hall
City Attorney
Executed on , 1996, at Richmond, California.
WEST COUNTY WASTEWATER DISTRICT
By_ By
Title Title
Approved as to . form:
District Counsel
...
..be incurred by the Agency or by either Member of
on behalf of the Agency upon prior approval by the
Agency board."
2. Section 11 is amended by amending the first paragraph as follows:
Joint Operating Fund
"A Joint Operating Fund shall be established,
which shall be used to pay all Direct Costs,
operating, legal, engineering and other non-
capital expenses incurred by the Agency in
connection with its business and operations. Each
Member shall pay to the Agency its share of
estimated expenses within thirty (30) days of
billing and said amount shall be deposited into
the Joint Operating Fund upon receipt from the
Member.
3. Section 16.1, which was added by Amendment No. 3 is
amended to read as follows:
Distribution of Direct Costs
"Direct Costs of the Agency shall be allocated on
a 50/50 basis to each Member except where the
costs are incurred on behalf of, or for the
benefit of one or more of the Members, in which
case the Member shall bear 100% of those costs.
The Agency board, by resolution passed by no less
than three votes, may determine other ratios,
based on prorata shares of projects or on other
" ""
• each such estimated annual budget, or to collect
such charges from the taxpayers, land owners or
users of any other facilities."
woasdljepalamend4. exa