Reso 0911-07/1991 RESOLUTION NO. 911
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE VALLECITOS WATER DISTRICT
AMENDING THE REVISED ESTABLISHMENT DOCUMENT
FOR THE ENCINA ADMINISTRATIVE AGENCY
RESTRICTING THE EXERCISE OF POWERS
TO THE MANNER OF ONE OF ITS MEMBERS
WHEREAS, the Vallecitos Water District ("District") is a party to the
Revised Establishment Document ("RED") entered into on December 17, 1990,
creating a public agency known as the Encina Administrative Agency ("EAA") to
serve as the operator and administrator of the Encina Joint System, as described
in the December 17, 1990, "Revised Basic Agreement for Ownership, Operation, and
Maintenance of a Joint Sewage System"; and
WHEREAS, Government Code Section 6509 provides that the powers
exercised by a joint powers authority shall be subject to the restrictions upon
the manner of exercising the powers of one of the contracting parties, which
party shall be designated by the agreement; and
WHEREAS, the Board of Directors of the Encina Administrative Agency and
the Joint Advisory Committee have recommended to the contracting parties
modification of the RED to identify Leucadia County Water District as the party
to be designated; and
WHEREAS, such modification does not change the powers, duties, or
purposes of the RED or of the Encina Administrative Agency, or the rights or
obligations of the contracting parties; and
WHEREAS, the Board of Directors of the Vallecitos Water District
desires to approve such designation;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Vallecitos Water District as follows:
SECTION 1: It is hereby agreed that the Revised Establishment
Agreement of December 17, 1990, shall be amended by adding Section 2.3.16 to
read:
2.3.16 The powers enumerated herein shall be exercised subject to the
restrictions upon the manner of exercising the powers of the Leucadia
County Water District pursuant to the County Water District Law (Water
Code §30000 et seq.).
SECTION 2: The General Manager is hereby authorized and directed to
execute an amendment to the RED to add Section 2.3.16 thereto, as provided in
Section I of this resolution. Such amended RED shall be effective as of the date
it is executed by all the member agencies.
Resolution 911
Page Two
SECTION 3: This resolution shall be forwarded to the EAA immediately
upon its adoption.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the
Vallecitos Water District at a regular meeting held on this 15th day of July,
1991, by the following roll call vote:
AYES: Burton, Ferguson, Gregoryk, Mason, Newport
NOES:
ABSENT:
ABSTAIN:
Vallecitos Water District
ATTEST:
Mary Clinkscales, Assistant Secretary
Board of Directors
Vallecitos Water District