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Reso 0970-07/1994 RESOLUTION NO. 970 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT AMENDING THE REVISED ESTABLISHMENT DOCUMENT OF THE ENCINA WASTEWATER AUTHORITY TO APPOINT AN OFFICER OR EMPLOYEE OF THE AUTHORITY AS TREASURER OR AUDITOR AND TO APPOINT ONE OR MORE ASSISTANTS TO THE TREASURER OR AUDITOR WHEREAS, Vallecitos Water District is a party to that certain document entitled Revised Establishment Document, which establishes the Encina Wastewater Authority (EWA), a California joint powers authority ("Authority"); and WHEREAS, Section 2.5.1 of the Revised Establishment Document for the Authority designates the Treasurer of the City of Vista as the Treasurer of the Authority; and WHEREAS, Section 2.5.2 of the Revised Establishment Document for the Authority designates the Treasurer of the City of Vista as the Auditor of the Authority; and WHEREAS, the member agencies of the Authority desire to amend the Revised Establishment Document to allow the Board of Directors of the Authority to appoint an officer or employee of the Authority as Treasurer or Auditor, or both, of the Authority, and to appoint one or more assistants to the Treasurer or Auditor; and WHEREAS, it is thus necessary for each member agency to pass a resolution authorizing amendment of the Revised Establishment Document to accomplish the foregoing purposes, and each member agency intends to pass a resolution in substantially the same form as herein provided; and WHEREAS, the Board of Directors of the Authority has recommended approval of the resolution set forth herein. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of Vallecitos Water District that upon approval by all of the member agencies of the Authority: 1. Section 2.5.1 of the Revised Establishment Document of the Encina Wastewater Authority shall be amended to read as follows: 2.5.1 Treasurer. The Treasurer shall be appointed by the Board of Directors to serve at the Board's pleasure. The Treasurer shall be the depository and have custody of all money of the EWA from whatever source. The Board shall appoint the Treasurer from among the officers and employees of the Authority. The Board may appoint one or more persons to act as assistants to the Treasurer from among the officers and employees of the Authority. The person appointed as Treasurer may simultaneously hold the office of Auditor. Resolution 970 Page Two 2. Section 2.5.2 of the Revised Establishment Document of the Encina Wastewater Authority shall be amended to read as follows: 2.5.2 Auditor. The Auditor shall be appointed by the Board of Directors to serve at the Board's pleasure. The Auditor shall draw all warrants to pay demands against the EWA approved by the Board of Directors. The Board shall appoint the Auditor from among the officers and employees of the Authority. The Board may appoint one or more persons to act as assistants to the Auditor from among the officers and employees of the Authority. Upon appointment, an assistant shall be considered an "other officer" of the EWA under Section 2.5.3 of this Revised Establishment Document. The person appointed as Auditor may simultaneously hold the office of Treasurer. 3. Section 2.5.3 of the Revised Establishment Document of the Encina Wastewater Authority shall be amended to read as follows: 2.5.3 Other Officers. The General Manager and Attorney for the EWA shall be appointed by the Board. Subject to the limits of the EWA's approved budget, the Board shall also have the power to appoint and employ such other officers, consultants, advisors, and independent contractors as it may deem necessary or convenient for the business of the EWA, who shall serve at the pleasure of the Board. The public officer, officers, or persons who have charge of, handle, or have access to any substantial property of the EWA shall file an official bond in an amount to be fixed by the Board. The General Manager shall have the power to appoint, promote, demote and remove employees of the EWA subject to the provisions of the personnel policy of the EWA and the EWA's approved budget. 4. The Treasurer of the City of Vista shall continue to serve as Treasurer and Auditor of the EWA until such time as the Board of EWA has appointed a Treasurer and Auditor. 5. The President of the Board of Vallecitos Water District is hereby authorized to execute an amended form of Revised Establishment Document, as provided herein. 6. The Secretary of the Board of the Vallecitos Water District is hereby directed to forward a copy of this resolution to the Encina Wastewater Authority upon its adoption. Resolution 970 Page Three PASSED, APPROVED AND ADOPTED at a regular meeting of the Board of Directors of the Vallecitos Water District this 6th day of July, 1994 by the following roll call vote: A¥1iS: CRUZ, GREGORYK, MASON, NEWPORT NOES: ABSENT: FERGUSON Michael D. Gregork, President Board of Directors Vallecitos Water District ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District