RES 77140 - Laserfiche WebLink

LAVWMA Members -2- May 3, 1977 5. Paragraph XI, A (8) has been amended to reflect changes dis- cussed at the April 26 meeting. These changes indicate (a) that contracts for industrial capacity are subject to a unanimous approval of the board of directors; (b) only capacity up to a total of 1 MGD may be sold to original parties to the JPA; (c) the City of Pleasanton has a guaranteed option to purchase 500,000 gallons per day of the aforementioned 1 MGD; (d) the entity pur- chasing capacity will incur costs for capital costs, operation - maintenance costs, administrative costs, depreciation, capital replacement, etc.; (e) two new paragraphs have been added to clarify that VCSD is not required to expand its plant in order to provide additional capacity for industrial uses, and it is the intention of the agency to require a vote of the electorate in the agency requesting industrial capacity. 6. Paragraph XII (Specific Powers) has been amended to again refer to authority to issue revenue bonds pursuant to the Revenue Bond Law of 1941. No change to the original draft is proposed. 7. paraqraph XIII has been amended to indicate that the powers to be e½ercised by LAVWMA are equivalent to those powers exercis- able by the municipality such as the City of pleasanton. This is the original language proposed - no changes. 8. paragraph XVII, regarding discharge hold harmless, has been amended as requested by the City of Livermore. 9. paragraph XVIII has been amended to reflect changes requested by the City of Livermore or there have been additional amend- ments to this particular paragraph to reflect changes necessi- tated by the requirement thatany capital expenditures have unanimous votes. As a result of this change, as explained at your April 26 meeting, any agency which votes in favor of capi- tal expenditures should be obligated for those capital expendi- tures. Thus, I believe that the language originally proposed that would protect a withdrawing party from obligations for debts, obligations and liabilities incurred for capital expendi-. tures, or operations and maintenance costs which do not relate to the 15.62 project referred to in paragraph XI,A (7), and which- are incurred subsequent to the receipt of the party's notice of intention to withdraw should be deleted. As a result of this deletion, I have gone back to the original language in the next to last sentence of paragraph XVII, which indicates that a with- drawing party will continue to be obligated for debts, obliga- tions and liabilities for capital expenditures and operations and maintenance costs incurred by the agency in connection with projects undertaken pursuant to paragraph XI, A(7), even after ~he notice of withdrawal has been received-