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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