HomeMy WebLinkAboutResolution 1991 - 0042RESOLUTION NO.91-42
APPROVING AN AMENDMENT NO.2 TO THE JOINT OWNERSHIP,
OPERATION AND CONSTRUCTION AGREEMENT AMONG THE
DISTRICTS
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF
COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,
7,11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA,
APPROVING AN AMENDMENT NO.2 TO THE JOINT OWNERSHIP,
OPERATION AND CONSTRUCTION AGREEMENT DATED JULY
1,1985,AND AS AMENDED,AUTHORIZING EACH DISTRICT
TO APPROVE AGREEMENTS AUTHORIZING DISTRICTS TO
MAKE REPAYABLE ADVANCES OF FUNDS TO OTHER DISTRICTS
TO MEET PAYMENT OBLIGATIONS OF OTHER DISTRICTS
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WHEREAS,each of the Districts is a separate and distinct
County Sanitation District,duly organized and existing pursuant to
the County Sanitation District Act,California Health &Safety Code
Sections 4700 et seq.;and,
WHEREAS,pursuant to the provisions of the County Sanitation
District Act,each of the District Nos.1,2,3,5,6,7,11,13
and 14 has been operating wastewater treatment and disposal
facilities jointly under the terms of the.Joint Ownership,
Operation and Construction Agreement effective July 1,1985,and
Amendments thereto;and,
WHEREAS,each of the Districts,in 1989,adopted a Master Plan
of Collection,Treatment and Disposal Facilities,which provided a
30—year facilities needs assessment and a focused 10—year
construction and financing plan;and,
WHEREAS,pursuant to the adopted 1989 Master Plan of Capital
Facilities,the Districts,on November14,1990,approved a Capital
Improvement Program,1990—92 Series A Certificates of Participation
Issue to partially finance the acquisition,construction and
installation of a portion of the joint projects defined in the 1989
Master Plan,together with certain other public improvements;and,
WHEREAS,in furtherance of the 1989 Master Plan of Facilities
and Financing,additional obligations will be issued by each of the
Districts to partially pay for the future construction of
additional 1989 Master Plan of Capital Facilities;and,
WHEREAS,future construction of facilities will be needed to
develop expanded wastewater treatment facilities for the protection
of the public health,environment and marine resources;and,
WHEREAS,the construction of these facilities inure to the
mutual benefit of each of the Districts;and,
WHEREAS,the Districts may also determine to finance other
authorized expenditures;and,
WHEREAS,although each District’s obligations are separate,
for mutual benefit they contemplate joint financing;and,
WHEREAS,the financial rating and credit quality of each
District is individually reviewed;and,
WHEREAS,in joint financing,the lowest possible cost to the
Districts for financing is realized with the obtaining of improved
credit ~quality and financial rating of all Districts;and,
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WHEREAS,the financial rating and credit quality of each
District can be enhanced if the financial capability and strength
of all Districts are collectively obligated to secure the
obligations of each District;and,
WHEREAS,the Districts,and each of them,desire to enter into
from time to time,Agreements among the several Districts
participating in a joint financing,wherein the obligations of each
participating District will be backed by all other Districts,
subject to specific terms and conditions of each such agreement.
NOW,THEREFORE,in consideration of the mutual benefit to be
realized by each District,each of the Districts hereby agrees as
follows:
Section 1 ARTICLE III -MONETARY RIGHTS AND RESPONSIBILITIES
of the Joint Ownership,Operation and Construction Agreement
effective July 1,1985,as amended,is hereby further amended by
adding Paragraph D thereto,to read as follows:
“D.As provided by law,and to provide mutual benefits
from time to time,two or more Districts which are
signatory to the Joint Ownership,Operation and
Construction Agreement may participate in joint financing
of their respective authorized expenditures.With
respect.to any such joint financing,any participating
District may agree with any other participating District
to make advances of funds as needed to meet payment
obligations of the other participating District.The
terms and conditions of any such agreement,including the
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terms and conditions of any such agreement,including the
terms of repayment of any such advances,shall be.subject
to the prior approval of the Board of Directors of each
agreeing District.
PASSED AND ADOPTED at a regular meeting held April 10,1991.
TLW:pj (B19)
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STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,
California,do hereby certify that the foregoing Resolution No.91-42 was
passed and adopted at a regular meeting of said Boards on the 10th day of
April,1991,by the following vote,to wit:
AYES:Fred Barrera,Bob Bell,Walter K.Bowman,A.B.“Buck”Catlin,
John Collins,John C.Cox,Jr.,Norman E.Culver,Burnie
Dunlap,Richard B.Edgar,William D.Ehrle,James V.Evans,
James H.Flora,Peter Green,Don R.Griffin,John M.Gullixson,
Evelyn Hart,Jack Kelly,William D.Mahoney,Robert H.Main,
Pat McGuigan,Keith A.Nelson,Arthur G.Newton,Ruthelyn
Plumer,Charles E.Puckett,Robert Richardson,Phil Sarisone,
Sal A.Sapien,Mark Schwing,Sally Anne Sheridan,Roger
R.Stanton,Peer A.Swan,Charles E.Sylvia,James A.Wahner,
Edna Wilson,Grace H.Winchell
NOES:None
ABSENT:Dan Griset,Carrey J.Nelson,Irv Pickier
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.1 on behalf of itself and Districts
Nos.2,3,5,6,7,11,13 and 14 of Orange County,California,this 10th day
of April,1991.
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Rita .Brown,~ecretary
Boards of Directors,County
Sanitation Districts Nos.1,2,3,5,
6,7,11,13 and 14 of Orange County,
California