RES 97041 - Laserfiche WebLink

11. LAVWMA legal counsel will be directed to work with member agencies' legal counsel to prepare an amendment to the LAVWMA JPA to forrealize these principles and to rescind the second modification. LAVWMA staff and legal counsel will prepare an agreement with EBDA for the expansion project. 12. Pleasanton and Livermore will take the wastewater disposal expansion project to their respective voters at the earliest possible date, but no later than November 1998. In the event that the ballot measure fails in either or both cities, or that one or both cities fail to take the project to the voters, then DSRSD, and either city that receives the approval of the voters, may proceed with the project and allocate cost and PWWF capacity as they agree. The ADWF infiuent limit for the project shall be reduced by the non-participating city's share of the ADWF capacity. 13. In the event that a ballot measure fails in either city, the non-participating city may participate up to its share of ADWF and PWWF capacity as defined in these Principles of Agreement up to November 2005, or when a measure does pass if sooner, provided that the city pays an appropriate share of the capital cost, including any actual interest costs, and up to the amount of capacity the participating member agencies have constructed in excess of their shares as defined in these Principles of Agreement. 14. The .rPA amendment and/or other relevant agreements will contain findings that the parties' respective capacities in the replacement and expansion pipelines are needed by each party to serve the cities' general plans and/or the general plans for the planning agencies that DSRSD serves; that said capacity is allocated and set aside exclusively for the use of each agency except to the extent that the agencies may transfer capacity by agreement between or among them; that no excess capacity exists or has been established; that said exclusive capacity. is required and reserved solely for the public health, welfare interest and necessity of each of the aforesaid respective planning jurisdictions for which it has been set aside and allocated; and that the foregoing are true statements of fact which shall be conclusively binding upon the parties for purposes of contract interpretation and shall be conclusive presumptions for evidentiary purposes. 15. The agency will investigate the timing and method for legal action by the agency to affirm the validity of the JPA amendment and/or other relevant agreements, with the purpose of obtaining a judgment upholding the validity of the amendment/agreement before implementing the wastewater disposal expansion project. B. Livermore and DSRSD Principles Livermore and DSRSD will prepare for approval and execution, as soon as practical with a goal of June 1997, an appropriate document to implement the following principles: 3 04/10/9 7