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Reso 0867-12/1989 RESOLUTION NO. 867 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ADOPTING AMENDMENTS TO THE ENCINA JOINT POWERS BASIC AGREEMENT GRANTING THE ENCINA ADMINISTRATIVE AGENCY POWERS TO ACQUIRE PROPERTY WHEREAS, the Vallecitos Water District is a party to the Encina Joint Powers Basic Agreement entered into on July 13, 1961, for the acquisition, construction, ownership, operation and maintenance of the Encina Joint Sewer System; and WHEREAS, the acquisition of a parcel of land upon which to construct sludge composting facilities for use in connection with management of sludge from the Encina Water Pollution Control Facility is desired and necessary; and WHEREAS, in connection with the acquisition of such a site, it may be necessary to exercise powers of condemnation; and WHEREAS, the Thirty-Seventh Supplement to the Basic Agreement, executed August 1, 1988, created the Encina Administrative Agency (EAA) to administer, manage, operate and maintain the Joint Sewer System but did not grant the EAA condemnation powers and did not explicitly empower the EAA to acquire property; and WHEREAS, the Board of Directors of the Vallecitos Water District has the ability and desires to grant to the said Operator/Administrator the power to condemn property for the acquisition of a site for use as a sludge composting facility and other future purposes; and WHEREAS, site may be located either within or outside the boundaries of the Encina service area. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT DETERMINES AND ORDERS AS FOLLOWS: ITEM 1: That Section 5 of the Basic Agreement is amended as follows: SECTION 5: RIGHTS OF WAY AND LAND ACQUISITION - EXPENSES For the purpose of facilitating the purchase of land and rights of way for the Joint System and the payment of the cost of acquiring, constructing, maintaining and operating the Joint System, the Operator/Administrator, or any other party hereto as agreed upon by all parties hereto, shall act on its own behalf and on behalf of the other parties hereto, in acquiring lands and rights of way necessary for the Joint System for the ownership, operation, maintenance and use of the Joint System and in paying all costs and expenses incurred by or Resolution No. 867 Page Two to be paid in connection therewith, and each of the other parties hereto shall pay or cause to be paid into the funds of said Operator/Administrator said party's proportionate share of said costs and expenses in accordance with the terms of a separate agreement approved unanimously by the member agencies. ITEM 2: That the Joint Powers Agreement for the creation of the EAA approved and adopted by the 37th Supplement to the Basic Agreement be amended by adding Section 3.3.14 to read as follows: 3.3.14 The power and authority to purchase, lease or condemn real property upon such terms and conditions as approved unanimously by the member agencies. ITEM 3: These amendments to the Basic Agreement shall become effective on the day of adoption of a resolution approving the amendments by the last of the governing bodies of the member agencies to so act. ITEM 4: Following adoption of these amendments, the EAA shall issue a revised copy of the amended portions of the Basic Agreement and its Supplements. PASSED, APPROVED AND ADOPTED this 4th day of December, 1989, by the following roll call vote: AYES: Directors: Blalock, Burton, Ferguson, Mason, Newport NOES: Directors: ABSTAIN: Directors: ABSENT: Directors: Board of Directors Vallecitos Water District ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District