RES 97091 - Laserfiche WebLink

1 This Amended and Restated Joint Exercise of Powers Agreement is entered into this ' 2 ~ day of 3 LIVERMORE and PLEASANTON an~ 1997, by and between the CITIES OF the DUBLIN SAN RAMON SERVICES 4 DISTRICT ("Member Agencies"), which Agencies do agree as follows: 5 Paragraph 1. Authority_. This Joint Exercise of Powers Agreement ("Agreement" or 6 "JPA") is entered into in accordance with and subject to the provisions of 7 Government Code Section 6500, et seq. 8 paragraph 2. Parties and Date. This Agreement was first entered into on the 18th 9 day of June 1974, by and between the Cities of Pleasanton and Livermore and the 10 Valley Community Services District. It was subsequently modified on May 31, 1977 11 (First Modification) and October 20, 1993 (Second Modification). In April and May 12 1997, the Cities of Pleasanton and Livermore and the Dublin San Ramon Services 13 District, successor in interest to the Valley Community Services District, approved 14 Principles of Agreement for a LAVWMA Expansion Project ("Principles"). This 15 Amended and Restated Joint Exercise of Powers Agreement is intended to 16 incorporate the Principles into the Joint Exercise of Powers Agreement, to amend 17 and restate the existing Joint Exercise of Powers Agreement and to rescind the 18 Second Modification. 19 Para~aph 3. Joint Powers Agency_. The Livermore Amador Valley Water Manage- 20 merit Agency ("LAVWMA" or "Agency") is a joint powers agency created pursuant 21 to Sections 6500, et seq. of the Government Code, and is a public entity separate and 22 distinct from the Member Agencies. LAVWMA came into being on June 18, 1974 23 and shall be terminated only as herein provided. LAVWMA owns, operates and 24 maintains an export pipeline and related facilities for wastewater disposal. 25 paragraph 4. Membership. The members of LAVWMA are the cities of Pleasanton 26 and Livermore and the Dublin San Ramon Services District, which are hereafter 27 referred to as "Member Agencies." 28 ParSgraph 5. Purposes. 29 5.1 The purpose of this Agreement is to provide for the construction, operation, 30 maintenance, repair and replacement of LAVWMA facilities for wastewater 31 disposal to serve the general plans of Livermore and Pleasanton and the 32 general plans of the planning agencies that DSRSD serves, all as further 33 described herein. 34 5.2 The Agreement is further intended to serve as the legal and contractual basis 35 for an export pumping and pipeline expansion project for wastewater disposal 36 that will increase the total design capacity of the LAVWMA system and for 37 indebtedness to be issued by LAVWMA which will finance construction of 38 the Project as defined in this Agreement. Without this Amended and 39 Restated Joint Exercise of Powers Agreement and the mutual agreements and 40 limitations contained herein, the parties would be unwilling and unable to LAVWMA/JPA/BoarcI6/Clean -1- July 7, 1997