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HomeMy WebLinkAbout25-Water Department ~ITY OF SAN BERNARDINO ,.4~EQUEST FOR COUNCIL ACTION , r., rr:- From: Bernard C. Kersey, Secretary -:.E.C'D, -8bBj~f=' 1J~st End Water Development, lre&tment & Conservation De~: Board of Water Commissioners - fEB - jo~~t Powers Authority D~e: February 5, 1990 Synopsis of Previous Council action: Recommended for approval by Legislative Review Committee 2-8-90. Recommended motion: Adopt Resolution Contact person: Bernard C. Kersey 384-5393 Phone: Yes All Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct, No.) (Acct, Description) Finance: Council Notes: -- CITY OF SAN BERNloiRDINO - REQUEST FvR COUNCIL ACTION STAFF REPORT On April 21, 1989, the Board of Water Commissioners, acting for the City of San Bernardino, entered into a Joint Powers Agreement with the City of Rialto and West San Bernardino County Water District creating the West End Water Development, Treatment and Conservation Joint Powers Authority. The purpose of the Authority is to undertake projects to develop and conserve water supplies, including the development of fac i 1 it i es for the deve 1 opment transmi ss ion, treatment, storage and conservation of water. The Authority is in the process of designing and will construct a joint project known as the Lytle Creek Water Treatment Planto The plant is being designed to treat surface water in Lytle Creek that each agency has entitlement to, and state project water. The Water Department is taking a three mi 11 ion gallon per day treatment capacity in the initial phase of the plant. In addition to the joint project, each of the agencies has additional projects that are to be financed through the Authority pursuant to project agreements. The Board of Water Commissioners plans on financing three water storage reservoirs and a transmission line in the upper pressure zones through the Authority. All of our identified projects were set forth in the listing of capital improvements, which were included in the recently approved water rate study, and the charges for new development within the Acquisition of Service Charge. In order for the Author i ty to issue Joi nt Powers Lease Revenue Bonds, each of the member agencies must adopt an ordinance authorizing the Authority to issue the bonds. The Joint Powers Agreement must therefore be approved by the Mayor and Common Council establishing the City as a member of the Authority. In accordance with Article IX of the Charter, the Board of Water Commissioners is responsible for and empowered to regulate, control, manage, renew, repair and extend the entire water system of the City. The Joint Powers Authority is a mechanism to finance water projects, and as such it is the recommendat i on of the Board of Water Commissioners that the Mayor and Common Council delegate its appointment of representatives to the Governing Board of the Authority and execution of all leases and agreements with the Authority to the Board of Water Commissioners. The delegation of these duties and responsibilities, and identification of the powers of the Authority being subject to the restrictions upon the manner of exercising the powers of the West San Bernardino County Water District, are set forth in the First Amendment to the Agreement (Exhibit "B" to the Resolution). "'Lft"C.ll: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND RATIFYING THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WEST END WATER DEVELOPMENT, TREATMENT AND CONSERVATION JOINT POWERS AUTHORITY, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT AND DELEGATING AUTHORITY TO THE BOARD OF WATER COMMISSIONERS 0 WHEREAS, the West San Bernardino County Water District (the "District"), the City of Rialto and the City of San Bernardino acting by and through its Board of Water Commissioners entered into a Joint Exercise of Powers Agreement dated as of the 21st day of April, 1989 (the "Agreement") creating the West End Water Development, Treatment and Conservation Joint Powers Authority, (the "Authority") pursuant to the provisions of Article I, Chapter 5, Division 7, Title I of the Government Code of the State of California (the "Act"); and WHEREAS, special legal counsel has determined that the Mayor and Common Council of the City of San Bernardino should approve the Agreement and be the designated member of the Authority instead of the Board of Water Commissioners; and WHEREAS, the members desire to make certain amendments to the Agreement; and WHEREAS, the Mayor and Common Council, pursuant to Article IX of the Charter of the City of San Bernardino desires to have all matters regarding the Authority delegated to the Board of Water Cornmissionerso NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOllOWS: SECTION ONE: That the Mayor and Common Council approve the 2/05/90 -- RESOLUTION APPR( ~G AND RATIFYING THE JOINT powr AGREEMENT CREATING THE WEST END WATER DEVELOrl1ENT, TREATMENT AND CONSERVATIO~ JOINT POWERS AUTHORITY AND APPROVING THE FIRST AMENDMENT TO THE AGREEMENT. 1 Agreement, a copy of which is attached hereto, marked Exhibit "A", 2 and incorporated herein by reference as though fully set forth at 3 length herein, and authorizes and ratifies the City of San 4 Bernardino as a member of the Authority and all actions heretofore 5 taken by the Board of Water Commissioners in regard to the 6 Authority. 7 SECTION TWO: The First Amendment to the Agreement, a copy 8 of which is attached hereto, marked Exhibit "B", and incorporated 9 herein by reference as though fully set forth at length herein. 10 SECTION THREE: Pursuant to Article IX of the Charter of the 11 City of San Bernardino, the Mayor and Common Council delegates to 12 the Board of Water Commissioners all matters relating to the 13 Authority, including but not limited to: 14 15 16 17 18 A. The appoi ntment of the member and alternate member to the Authority to act on behalf of the City. B. The execut i on of all leases and other agreements with the Authority. 19 SECTION FOUR: The Mayor is author i zed and directed to execute 20 the Agreement and First Amendment to the Agreement on behalf of the 21 City of San Bernardino. 22 SECTION FIVE: The authorization to execute the above 23 referenced Agreement and the First Amendment to the Agreement, is 24 rescinded if the parties to the Agreement fail to execute it within 25 sixty (60) days of the passage of this resolution. 26 I HEREBY CERTIFY that the foregoing resolution was duly 27 adopted by the Mayor and Common Council of the City of San 28 Bernardino at a meeting thereof, held 2/05/90 -2- ----- RESOLUTION APPRNG AND RATIFYING THE JOINT POW ~ AGREEMENT CREATING THE WEST END WATER DEVELO~MENT, TREATMENT AND CONSERVATIO~ JOINT POWERS AUTHORITY AND APPROVING THE FIRST AMENDMENT TO THE AGREEMENT. 1 on the day of , 1990, by the following 2 vote to wit: 3 Counc i 1 Members: AYES NAYS ABSTAIN 4 ESTRADA 5 REILLY 6 FLORES 7 MAUDSLEY 8 MINOR 9 POPE-LUDLAM 10 MILLER 11 12 SHAUNA CLARK, CITY CLERK 13 The foregoing resolution is hereby approved this day 14 of 1990. , 15 16 17 18 APPROVED AS TO FORM 19 AND LEGAL CONTENT: 20 21 22 W.R. HOLCOMB, MAYOR JAMES F. PENMAN, City Attorney 1?e~ Attorney 23 24 25 26 27 28 2/05/90 -)- , , JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WEST END WATER DEVELOPMENT, TREATMENT AND CONSERVATION JOINT POWERS AUTHORITY _. THIS JOINT POWERS AGREEMENT (.Agreement.) is made and entered 21st into this l~~ day of April, 1989, for identification purposes only, by and amongst CITY OF RIALTO, CITY OF SAN BERNARDINO, acting by and through its Board of Water Commissioners, and WEST SAN BERNARDINO COUNTY WATER DISTRICT (individually and collectively referred to herein as the .party. or .parties., .member. or .members., .member agency. or .member agencies.). RECITALS: A. Each of the parties herein is a public agency. Each of the parties herein is authorized and empowered to contract with the other parties for the joint exercise of powers under Article I, Chapter 5, Division 7, Title 1 of the California Government Code. B. Each of the parties ~o this Agreement has the authority and power to develop and distribute water supplies within their ~ respective boundaries. EXHIBIT "A" West End Water/3/April 7, 1989 .... ~ ~ ~ C. The parties hereto recognize the immediate necessity for planning, improving, protecting and developing water supplies and the construction, operation and maintenance of water conveyances, water treatment, water storage facilities and water conservation within the boundaries of the Joint Powers Agency created herein. ~ NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND THE PROVISIONS, CONDITIONS AND TERMS PROVIDED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: ARTICLE I CREATION, PURPOSES AND DURATION 1.1. Creation of Agency. There is hereby created a public agency known as .West End Water Development, Treatment and Conservation Joint Powers Authority. (hereinafter referred to as the .Authority.). The Authority is formed by this Agreement pursuant to the provisions of Article I, Chapter 5, Division 7, Title 1 of the Government Code of the State of California. For the purpose of this Agreement, the Authority is a public agency separate from the parties hereto. 1.2. Purposes. The, purpose of , this Agreement is to create a public agency to exercise the common power of undertaking projects to ~ develop and conserve water supplies, including the development of plans and the construction, operation and maintenance of works -2- ~ ~ ~ ~ '. ~ and facilities for the development, transmission, treatment and storage and conservation of water. ARTICLE II POWERS OF THE AUTHORITY 2.1 The Authority shall have the power, in its own name, to do any and all of the following: (a) To conduct research and investigations of all kinds relative to water conservation and securing timely and economic water treatment and storage facilities for its members. ~ (b) To make and enter contracts, leases and other agreements. (c) To employ agents, employees, consultants, advisors, independent contractors and other staff. (d) To incur debt, liabilities or obligations. (e) To acquire, hold or dispose of property, both inside and outside the boundaries of the parties hereto. (f) To acquire, construct, manage, maintain and operate any buildings, works or improvements, both inside and outside the boundaries of the parties hereto. (g) To sue and be sued in its own name, provided that the Authority shall mot commence or intervene in any lawsuit without the approval of all of its members. (h) To issue bonds, notes, warrants and other evidences of indebtedness to finance costs and expenses incidental to the projects of the Authorityo -3- " . ""'....- (i) To accumulate reserve funds for the purposes herein. (j) To designate committees to serve at the pleasure of the Commission, and to prescribe the manner in which proceedings of such committees shall be conducted. (k) To exercise jointly the common powers of the parties hereto set forth in Article I, paragraph 1.2. ~. (1) To invest surplus funds pursuant to Government Code S 650~.2 or other applicable State law. ARTICLE III EFFECTIVE DATE 3.1 This Agreement shall become effective and the Authority shall be created when the governing bodies of all of the parties to this Agreement have authorized execution of this Agreement. 3.2 In the event any additional public agency becomes a member of the Authority after its formation, all of the existing members and the prospective member shall execute a memorandum specifying the obligations of the prospective member for contributions toward past or present Authority expenditures. ARTICLE IV GOV~RNING BOARD 4.1 This Agreement and the Authority created hereby shall be ~ administered by the governing body of the Authority which shall be known as the .Commission. for the Authority, and be composed -4- ,< of three (3) members, one from each party to this Agreement. All of the power and authority of the Authority shall be exercised by the Commission, subject, however, to the reserved right of members with regard to approval of budgets and assumption of financial obligations. 4.2 Each party hereto shall designate and appoint, by resolution of its governing body, one (1) member of its governing board, or its General Manager (or other such corresponding official), to act as its Commission member and one member of its _governing-body,or--its General .Ma.f\-ag€r--{or-other such corresponding official), to act as its alternate. During any absence of the Commissioner, the alternative Commissioner shall act in his place. Each member of the Commission and alternate shall hold office from the first meeting of each odd-numbered year for a period of two (2) years, or until his successor is selected. Each member of the Commission (and alternate) shall, however, serve at the pleasure of the governing body of the appointing member and may be removed at any time, with or without cause, in the sole discretion of said member's governing body from time-to-time; provided, however, that the member selected by each party shall either be a Commissioner (or alternate) of the governing body of said party or its General Manager (or other such corresponding official)~ 4.3 Each member agency of the Authority expressly possesses and reserves to itself final and absolute discretion to approve or disapprove, prior to commitment, any and all expenditures or -5- other financial obligation by the Authority, other than budgeted items, insofar as said expenditures or obligations are, or shall be, chargeable against such member. All general and special project budgets shall be subject to the prior approval by each member, to the extent that such budget may impose any financial liability on such member agencyo 4.4 The vote, assent or approval of members in any matter requiring such vote, assent or approval hereunder shall be evidenced by a certified copy of the resolution, minute order or similar writing of the governing body of such member agency, filed with the Authorityo ARTICLE V CONDUCT OF MEETINGS 5.1 The Commission of the Authority shall establish a regular meeting schedule. At its first meeting, the Commission shall provide for the time and place of holding its regular meetings. Special meetings may be called at the request of the Chairman or of a majority of the Commission members. Notice of all meetings shall be furnished in writing to each member of the Commission of the Authority and to each party to this Agreement. The meetings of the Commission shall be open to the public and shall be noticed, held and c9nducted in accordance with the provisions of the Ralph M. Brown Act as set forth in the California Government Code. ~ -6- 5.2 The Secretary of the Authority shall cause to be kept the minutes of all Commission meetings, and shall cause a copy of these minutes, along with copies of all ordinances and resolutions enacted, to be forwarded to each of the parties hereto. 5.3 A majority of the Commission shall constitute a quorum for the transaction of business. 5.4 Except as otherwise provided herein, all actions of the Commission shall be passed upon the affirmative vote of a majority of the members of the Commission. 5.5 If authorized by law and the Authority, each member of the Commission may receive compensation for each meeting of the Commission attended by him or her, which amount shall be fixed from time-to-time by the Commission, but shall not exceed the amount allowed by law. If allowed by the Commission, a Commissioner shall also receive traveling and other expenses incurred by him or her on Authority business at the request of the Commission. 5.6 The Commission may adopt, from time-to-time, such rules and regulations for the conduct of its affairs as may be required. Such rules and regulations may be amended from time-to-time, at either a regular or special meeting of the Commission, provided that a t~n (IO)-day prior written notice of the proposed amendment has been furnished to each party. A ~ majority vote of all eligible votes shall be sufficient to adopt any proposed amendment to such rules and regulationso -7- - ARTICLE VI OFFICERS 6.1 The Authority's Commission shall select from its membership its own officers, including a Chairman, Vice Chairman, Secretary and Treasurer. The public officer, officers or persons who have charge of, handle or have access tb any property of the Authority shall file an official bond in an amount to be fixed by the Authority's rules ~nd regulations. 6.2 Any officer may be removed, either with or without cause, by the Commission, at any regular or special meeting thereofo 6.3 The Commission shall have the power to appoint such additional officers and to employ such additional employees and assistants as may be appropriate. 6.4 Each and all of said officers, employees and assistants shall serve at the pleasure of the Commission and shall perform such duties and shall have such powers as the Commission may, from time-to-time, determine. ARTICLE VII BUSINESS OFFICE AND STAFF 7.1 The Authority's business office shall be located at the offices of WEST SAN BERNARDI~O COUNTY WATER DISTRICT, Rialto, Californiao WEST SAN BERNARDINO COUNTY WATER DISTRICT shall make ~ its personnel available as necessary to perform the secretarial, clerical and administrative duties of the Authority. The -8- - /':,-, ?>, ',", Authority shall reimburse WEST SAN BERNARDINO COUNTY WATER DISTRICT for any personnel time expended on behalf of the Authority at the District's rate of salary, plus benefits, along with any materials used, upon presentation of periodic billings. 7.2 The Commission may, from time-to-time, change the location of the Authority's bysiness office and utilize the secretarial, clerical and administrative services of other member agencies in place of, or in addition to, those of WEST SAN BERNARDINO COUNTY WATER DISTRICT, with appropriate reimbursement for the same. ARTICLE VII I GENERAL ADMINISTRATIVE BUDGET 8.1 As soon as possible after the formation of the Authority, at the first meeting of the Commission and annually thereafter, a general administrative budget shall be adopted by the Commission. The budget shall be prepared in sufficient detail to constitute an operating outline for contributions to be made by the parties and expenditures to be made during the ensuing year for those administrative and study matters of general benefit to all parties. This budget shall be adopted by the Commission, subject to ratification by the governing bodies of member agencies in accordpnce with the provisions of paragraph 4.3 above. until such time as the ratification process has been ~ completed, the budget shall constitute a proposed budget. -9- C' c' ARTICLE IX APPROVAL OF THE GENERAL ADMINISTRATIVE BUDGET BY PARTIES 901 Each general administrative budget adopted by the Authority must be approved by and shall be deemed effective upon the receipt by the Authority of certified copies of approving resolutions or minute orders by the governing bodies of each of the members of the Authority. Until such time as this formal approval has been received, the budget shall constitute a proposed budget. 9.2 If any member fails or refuses to approve any general budget of the Authority, said budget shall be returned to the Authority for restudy and revision. In the event a budget acceptable to all of the members financially liable thereunder is not obtained prior to the start of a fiscal year, the Authority may continue to operate at the level of expenditure authorized by the last approved budget and the parties hereto shall be obligated to contribute their prorata portion to the Authority. ARTICLE X CONTRIBUTION PROCEDURE 10.1 The budget prepared pursuant to Article VIII shall provide for equal contributipns by each party toward the total amount of revenue specified in the budget, unless otherwise agreed by the partieso -10- , ~ ~ 10.2 The contribution of each member of the Authority specified in any budget shall be billed quarterlY and due and payable thirty (30) days after receipt of a billing therefor from the Authority. unpaid contributions shall bear interest at the legal rate of interest from the date due to the date paid. ~ ARTICLE XI 1101 Except for preliminary studies and matters of general administration (Article VIII), the Authority shall function SPECIFIC PROJECTS through the identification and implementation of specific projects. A specific project may involve all or less than all members of the Authority, provided that no member shall be involved without its approval. A separate project budget and project agreement of the parties shall be established for each specific project, which budget and agreement shall determine the respective obligations, functions, and rights of the members involved, and of the Authority. The members of the commission representing the members who will be involved in financing the project shall be and constitute a -Project committee- of the Authority for purposes of administration and implementation of the specific project~ All decisions with regard to any specific project, including, but not limited to, decisions relating to f construction, maintenance, repair, replacement and operation, ~ shall require the consent of a majority of members of the project committee. -11- f '-- 11.2 The budget or other commitment of funds for the detailed study, planning, implementation or construction of any specific project shall be adopted by the Project Committee concerned with the specific project. Each such project budget or commitment must be approved by the unanimous consent of the members of the Commission represented on the Project Committee subject to ratification by the respective governing bodies of the member agencies participating in the specific projecto Such consent and ratification shall not be unreasonably withheldo -11.3 If the Authority identifies a specific project (as defined above), which specific project is to be constructed by a private contractor(s), the Authority shall enter in a contract with such private contractor(s) in accordance with such statutory or other bidding procedures (if any) as may be applicable to West San Bernardino County Water District. ARTICLE XII EXPENDITURES IN EXCESS OF APPROVED BUDGET 12.1 All expenditures within the designations and limitations of approved general or specific project budgets shall be made on the authorization of a majority of the members of the Commission or the Project Committee of the Commission which is supervising such expenditures. No expenditures in excess of those budgeted shall be made without the unanimous consent and ~ approval of all parties to a revised or amended budget which may, from time-to-time be submitted by the Commissiono -12- " " r. ARTICLE XIII ACCOUNTING 13.1 The fiscal year of the Authority shall be from July 1 to June 30, following. 13.2 Full books and accounts shall be maintained for the Authority in accordance with practices established by or consistent with those utilized by the Controller of the State of California for like public agencieso In particular, the controller and treasurer of the Authority shall comply strictly with the requirements of the statutes governing joint power agencies, Chapter 5, Division 7, Title 1 of the Government Code, commencing with Section 6500. 13.3 The records and accounts of the Authority shall be audited annually by an independent certified public accountant and copies of each such audit report shall be filed with the county Auditor, State Controller and each member of the Authority no later than fifteen (15) days after receipt of the audit by the Commission. ARTICLE XIV REVENUE BONDS 14.1 The Authority shall have the power and authority to issue revenue bonds in accorQance with State law. 14.2 Although revenue bonds may be issued by and in the name ~ of the Authority, nothing contained in this Agreement shall relieve any member of the Authority from any obligation incurred by such member by reason of the issuance of such revenue 'bonds. -13- ARTICLE XV PROPERTY RIGHTS 15.1 To the extent that any funds received from any member of the Authority are used for the acquisition or construction 0: assets, the same shall be allocated annually on the books of thl Authority to the credit of said contributing member. ~ ARTICLE XVI WITHDRAWAL OR DISSOLUTION 16.1 Any member of the Authority shall have the right to withdraw its membership effective at the end of the fiscal year upon serving written notice of intention thereof on all other members at least one hundred and twenty (120) days before the close of any fiscal year; provided, however, that no such withdrawal shall relieve the withdrawing public agency from financial obligations theretofore incurred by it under this Agreement. 16.2 Upon withdrawal of a member from the Authority or upo dissolution of the Authority, there shall be a partial or complete distribution of assets and discharge of liabilities as follows: ,- (a) Upon withdrawal of any member of Authority, the withdrawing member shallfreceive its proportionate or otherwise defined share of the assets of the Authority (or the equivalent value thereof) within a reasonable amount of time after withdrawal and shall contribute its proportionat -}4- -- ( c or otherwise defined share towards the discharge of any enforceable liabilities incurred by the Authority as the same appear on the books of the Authority. (b) Upon dissolution of the Authority, each member shall receive its proportionate or otherwise defined share of the assets of the Authority within a .reasonable amount of time after dissolution, and shall contribute its proportionate or otherwise defined share towards the discharge of any enforceable liabilities incurred by the Authority aathes~me appear on the books of the Authorityo Any surplus shall be returned in proportion to contributions made. 16.3 The distribution of assets may be made in kind or assets may be sold and the proceeds thereof distributed to a member at the time of withdrawal or to the members at the time of dissolution. ARTICLE XVII LIABILITIES 17.1 Except as otherwise provided herein, the debts, liabilities and obligations of the Authority shall be the debts, liabilities and obligations of the Authority alone, and not of the parties to this Agreement. ARTICLE XIII ,< RESCISSION OR TERMINATION 1801 The Authority shall continue until this Agreement is rescinded or terminated as herein providedo -15- (. ( 18.2 This Agreement may be rescinded and ~he Authority terminated by written consent of a majority of the members evidenced by a certified copy of a resolution of their governing bodies. XIX ARBITRATION 19.1 If a dispute arises as to the construction, interpretation or implementation of any provision of this Agreement, the issues in dispute or matter requiring action may be submitted to binding arbitration, if all of the parties agree to do so. For such purpose, an agreed arbitrator shall be selected by all members of the Commission, or in the absence of agreement, the Commission by majority vote shall select an arbitrator and the member or members in dissent shall select a second arbitrator and the two arbitrators shall select a third arbitrator. The arbitrator, or three (3) arbitrators acting as a panel, shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure. ARTICLE XX NOTICES 20.1 Notices under this Agreement shall be sufficient if addressed to the principal office of each of the parties hereto -16- ---- -- -,... and shall be deemed given upon deposit into the United States mail, First Class, postage prepaid. ARTICLE XXI MISCELLANEOUS 21.1 The section headings herein are for convenience only and are not to be construed as modifying or governing language in the sectiono 21.2 This Agreement is made in the State of California under the Constitution and laws of this State and is to be so construed. 21.3 This Agreement may be amended from time to time by unanimous action of the parties. 21.4 This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. 21.5 If anyone or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 21.6 The parties shall not assign any rights or obligations under this Agreement without the written consent of all other partieso ,< -17- -- ~ --- ... --- -- - --- IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year hereinafter indicated. ATTEST: BOARD OF WATER COMMISSIONERS OF CITY OF SAN BERNARDINO By '--1Jt~:rIuJ >I ~/./AJ President APPRO ED AS & LEGAL CONTENT: cretary Legal Counsel WEST SAN BERNARDINO COUNTY WATER DISTRICT ,< By CONTENT: -18- - - ATTEST: By: -- City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: ?c/~ ames F. Penman City Attorney -19- .. ---- --- - CITY OF SAN BERNARDINO By: Mayor - -- - --- --- - ....... 1 2 3 4 5 FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WEST END WATER DEVELOPMENT, TREATMENT AND CONSERVATION JOINT POWERS AUTHORITY 6 THIS FIRST AMENDMENT to the Joint Exercise of Powers Agreement 7 creating the West End Water Development, Treatment and Conservation 8 Joint Powers Authority is made and entered into this day 9 10 11 12 13 14 15 16 17 18 of , 1990, by and amongst the member agencies to the Agreement. RECITALS A. Each of the member agencies entered into the Agreement on April 21, 1989, and the member agencies desire to make certain amendments to the Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND THE PROVISIONS, CONDITIONS AND TERMS PROVIDED HEREIN, THE PARTIES HERETO AGREE TO AMEND THE AGREEMENT AS FOllOWS: 1. Article II, Powers of the Authority is amended by adding 19 Section 2.2 to the Agreement to read as follows: 20 "2.2 The powers of the Authority are subject to the 21 restrictions upon the manner of exercising the powers of the West 22 San Bernardino County Water District." 23 24 25 26 27 28 2. Article IV, Governing Board, Section 4.2 is amended to read as follows: .. 4.2 Each party hereto sha 11 des i gnate and appo i nt, by resolution of its governing body, one (1) member of its governing body or of its Board of Water Commissioners, or its General Manager (or other such corresponding official), to act as its Commission r- ! - - ~ - y- 1 2 member and one member of its governi ng body or of its Board of 3 Water Commissioners, or its General Manager (or other such 4 corresponding official), to act as its alternate. During any 5 absence of the Commissioner, the alternative Commissioner shall act 6 in his place. Each member of the Commission (and alternate) shall, 7 however, serve at the pleasure of the governing body of the 8 appointing member and may be removed at any time, with or without 9 cause, in the sole discretion of said member's governing body from 10 time-to-time; provided, however, that the Commissioner selected by 11 each party shall either be a member of its governing body or of its 12 Board of Water Commissioners, or its General Manager (or other such 13 corresponding official)." 14 3. Article IV, Governing Board, is amended by adding Section 15 4.5 to the Agreement to read as follows: 16 "4.5 Notwithstanding any provision in the Agreement to the 17 contrary, the parties hereto recognize that pursuant to Article IX 18 of the Charter of the City of San Bernardino and Resolution of the 19 Mayor and Common Council, all votes, assents or approvals and any 20 documents to be executed by the City of San Bernardino pursuant to 21 this Agreement shall be approved and executed on the City's behalf 22 by its Board of Water Commi ss i oners. " 23 4. Except as specifically amended and/or supplemented, as 24 set forth hereinabove, all terms, conditions and provisions of the 25 Agreement shall remain in full force and effect. 26 IN WITNESS WHEREOF, the part i es hereto have executed th is 27 First Amendment to the Agreement on the day and year hereinabove 28 indicated. -?- - 1 2 3 ...... 'W' By: -- --- CITY OF RIALTO 4 Mayor 5 ATTEST: 6 By: City Clerk 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 APPROVED AS TO FORM AND CONTENT: ATTEST: By: City Clerk By: APPROVED AS TO FORM AND LEGAL CONTENT: ~'l:-vz..-,.,--,- ATTEST: By: Secretary 23 APPROVED AS FOR FORM AND CONTENT: 24 By: 25 26 27 28 ., By: CITY OF SAN BERNARDINO Mayor WEST SAN BERNARDINO COUNTY WATER DISTRICT President