EXHIBIT
4-A
RESOLUTION NO 2007-13
A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF A SIXTH AMENDED JOINT POWERS AGREEMENT RELATED TO THE
SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY
WHEREAS, the Monterey Peninsula Water Management District, a public agency duly organized and existing under and by virtue of the California Water Code (the “Member Agency”), has entered into the Fifth Amended and Restated Joint Powers Agreement (the “Original Agreement”), relating to the Special District Risk Management Authority (the “Authority”); and
WHEREAS, the Monterey Peninsula Water Management District and the other members of the Authority (the “Members”) find it beneficial to amend the Original Agreement (i) to amend Article 25 of the agreement regarding administrative fees paid by the Authority to the California Special District Association, and (ii) to make certain other amendments to the Original Agreement; and
WHEREAS, in order to implement the foregoing, the Member Agency and the Members propose to execute and enter into a Sixth Amended Joint Powers Agreement (the “Amended JPA Agreement”); and
WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of the transactions authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the Board of Directors is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such transactions for the purpose, in the manner and upon the terms herein provided.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MEMBER AGENCY AS FOLLOWS:
Section 1. Findings. The Board of Directors of the Monterey Peninsula Water Management District hereby specifically finds and determines that the actions authorized hereby relate to the public affairs of the agency.
Section 2. Amended JPA Agreement. The Amended JPA Agreement, proposed to be executed and entered into by and between the Member Agency and the Members, in the form presented at this meeting and on file with the District Secretary, is hereby approved. The Board Chair or Vice-Chair (“The Authorized Officers”) are hereby authorized and directed, for and in the name and on behalf of the Board of Directors, to execute and deliver to the Authority the Amended JPA Agreement in substantially said form, with such changes therein as such officers may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 3. Effective Date of Amended JPA Agreement. The Amended JPA Agreement shall take effect on October 1, 2007, but not sooner than receipt of required affirmative written approval of 2/3 of the Members participating in the Authority’s risk management program(s), and who are signatory to the Fifth Amended and Restated JPA Agreement.
Section 4. Other Actions. The Authorized Officer of the Board of Directors is hereby authorized and directed to execute and deliver any and all documents which may be necessary in order to consummate the transactions authorized hereby and all such actions heretofore taken by such officer is hereby ratified, confirmed and approved.
Section 5. Effective Date. This resolution shall take effect immediately upon its passage.
On motion of Director ___________,
and second by Director ________, the foregoing resolution is duly adopted this
18th day of June 2007 by the following votes:
AYES:
NAYS:
ABSENT:
I,
Witness my hand and seal of
the Board of Directors this ____ day of June 2007.
_____________________________________
Deputy Secretary to the Board
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