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.
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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
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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
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