RES 97091 - Laserfiche WebLink

"1 Paragraph 19. Ci~ Participation in Pro!ect. 2 19.1 After the-LAVWMA Board approves the Project, the cities of Pleasanton and 3 Livermore will take question of participation in the Project to their respective 4 voters at the earliest possible date. It is anticipated that such a vote will occur 5" no later than November 1998. If an election cannot be held by that date 6 because the LAVWMA Board is unable to take action on the Project in 7 sufficient time to allow the cities to place the matter on the ballot, the matter 8 will be placed on the ballot no later than the next established election date 9 following approval of the Project. Except as provided in paragraph 19.2, no 10 Member Agency shall proceed with the Project until after the cities have had 11 an opportunity to take the question of participation in the Project to their 12 voters. 13 19.2 Once the LAVWMA Board has approved the Project in accordance with 14 Paragraph 15.3 and the cities have had sufficient time to place the question of 15 participation in the Project on the ballot at the next established election date, 16 ff one or both cities fail to do so, DSRSD alone or DSRSD and any dty that 17 receives approval of the voters may proceed with the Project, subject to the 18 limitations in paragraph 15.4. 19 19.3 If the ballot measure fails in one or both cities, then DSRSD alone or DSRSD 20 and any city that receives approval of the voters may proceed with the Project, 21 subject to paragraph 15.4. 22 19.4 In the event that the initial ballot measure fails in either city, that city may 23 place a subsequent measure or measures on the ballot until November 2005. 24 If the subsequent measure passes, that city may buy capacity the participating 25 Member Agencies have constructed up to that city's share of PWWF capacity 26 as set forth in paragraph 15, by agreeing to pay an appropriate share of the 27 Project cost, including any actual interest costs for the capacity. 28 19.5 If a Member Agency does not participate in the Project, it will not be entitled 29 to utilize its allocated portion of the expansion increment of the Project (as set 30 forth in paragraph 15.2) nor will the non-participating Member be liable for 31 costs of construction, replacement or operation of the expansion component 32 of the Project, but each non-participating Member Agency retains its right to 33 utilize its existing PWWF capacity in the existing LAVWMA pipeline and 34 pumping facilities, which is Livermore, 8.728 mgd; Pleasanton, 7.503 mgd; 35 and DSRSD 4.769 mgd. The non-participating Member retains its share of 36 other LAVWMA facilities as set forth in paragraph 12, remains subject to the 37 other limitations of this Agreement including the influent limit as set forth 38 in paragraph 13 and the Service Area limitations of paragraph 14, and is 39 responsible for paying its fair share of the repair component. The non- 40 participating Member's portion of the expansion increment of the Project (as 41 set forth in Paragraph 15.2) shall be reallocated pursuant to paragraph 19.6. LAVWMA/JPA/Board6/Clean -12- July 7, 1997