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Res 03-011RESOLUTION NO. 03 ~)11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING EXECUTION OF FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY ADDING THE OTAY WATER DISTRICT AS A PARTICIPATING AGENCY 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 & Highways 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 Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, the Board of Directors of the Otay Water District desires to join as a JPA Participating Agency, for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, the Board of Directors of the Otay Water District has requested that the Participating Agencies approve amending the JPA to include the Otay Water District as a Participating Agency; and WHEREAS, it is the desire of the City Council of the City of Poway to approve execution of the First Amendment to Joint Powers Agency Agreement for the Metro Wastewater Joint Powers Authority to add the Otay Water District as a Participating Agency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: That the Otay Water District is authorized to be added as a Participating Agency of the Joint Powers Agency Agreement for the Metro Wastewater Joint Powers Authority, subject to the terms and conditions set forth in the proposed Amendment, attached hereto, and by this reference incorporated herein as Exhibit "A." Resolution No. 03-011 Page 2 That the Mayor and City Manager are hereby authorized to finalize and execute the proposed Amendment, subject to additions or modifications thereto, as they may deem in the best interest of the City, on behalf of the City of Poway. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 4th day of February 2003. ATTEST: L~rt Ar~ne Peoples, City (~lerk STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 03 -011 was duly adopted by the City Council at a regular meeting of said City Council held on the 4th day of February 2003, and that it was so adopted by the following vote: AYES: EMERY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: GOLDBY, HIGGINSON Exhibit "A" Resolution No. 03-011 Page 3 FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE OTAY WATER DISTRICT AS A PARTICIPATING AGENCY Resolution No. 03-011 Page 4 FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE OTAY WATER DISTRICT AS A PARTICIPATING AGENCY This First Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority, is made and entered into on this 4th day of February, 2003, which date shall be the date of the last signature affixed hereto, in the County of San Diego, State of Califomia by the Metro Wastewater JPA, a Joint Powers Authority ("JPA") existing and organized pursuant to the provisions of Government Code Section 6500 et seq. and the Otay Water District ("Otay"). RECITALS WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of E1 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 ofPoway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of Califomia; 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 Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, the JPA desires that Otayjoin the JPA as a Participating Agency; and WHEREAS, each of the Participating Agencies have approved the addition of Otay as a Participating Agency of the JPA; and WHEREAS, the Board of Directors of Otay has approved joining the JPA as a Participating Agency of the JPA. SDPUBXPDSX272971 v 1 Resolution No, 03-011 Page 5 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Otay as a JPA Participating Agency. 2. 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 be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, which date shall be the date of the last signature affixed hereto. 1. CITY OF CORONADO By: Date: 2. CITY OF DEL MAR By: Date: 3. CITY OF EL CAJON By: Date: 4. CITY OF IMPERIAL BEACH By: Date: 5. CITY OF LA MESA By: Date: ATTEST ATTEST ATTEST ATTEST ATTEST SDPUBLPDSX272971 vl Resolution No. 03-011 Page 6 LEMON GROVE SANITATION DISTRICT By: Date: Michael P.Cj~fa~t~a,'Mayor Date: F~bruary 4,~1~3k 1[ 8. PADRE DAM MUNICPAL WATER DISTRICT 10. By: Date: COUNTY OF AN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANTITATION DISTRICT AND SPRING VALLEY SANITATION DISTRICT By: Date: OTAY WATER DISTRICT By: Date: ATTEST ATTEST ~i|Anne Peoples, Cit~ Cl~e-rk ATTEST ATTEST ATTEST '" SDPUBXPDS~272971 vl