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8I Consent 2019 1118
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8I Consent 2019 1118
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Last modified
11/13/2019 7:16:37 PM
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11/13/2019 7:16:00 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
11/18/2019
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PERM
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Reso 2019-190
(Amended by)
Path:
\City Clerk\City Council\Resolutions\2019
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<br />-5- <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />Report <br />The term "Report" shall mean that study report for East Bay Dischargers, <br />Alameda County, California, entitled, "Water Quality Management Final Program <br />Report" and dated July 7, 1972, prepared by Jenks & Adamson and Kennedy <br />Engineers. <br />Sole-Use Facilities <br />The term "Sole-Use Facilities" shall mean those facilities to be owned and <br />operated by an Agency or Agencies other than the Authority, more specifically identified <br />in Schedule A attached hereto. <br />Treasurer <br />The term "Treasurer" shall mean that individual designated by the Commission to <br />have custody of and control disbursements of all funds of the Authority. <br /> <br />Section 2. Purpose <br />This Agreement is made pursuant to Chapter 5 of Division 7, Title 1 of the <br />California Government Code (Sections 6500 et seq) and relates to the joint exercise of <br />powers common to each of the Agencies. The purpose of the Agreement is to jointly <br />exercise these common powers in the manner hereinafter set forth. <br /> <br />Section 3. Term <br />This Third Amended Agreement shall become effective upon execution by all <br />Agencies and shall continue in force and effect until January 1, 2020, unless sooner <br />terminated by mutual agreement. <br /> <br />Section 4. Creation of Authority <br />The East Bay Dischargers Authority (hereinafter referred to as "Authority") as <br />created by that Joint Exercise of Powers Agreement dated February 15, 1974, shall <br />exercise the powers as hereinafter set forth. The Authority shall be a public entity <br />separate from the Agencies. No debt, liability, or obligation of the Authority shall <br />constitute a debt, liability, or obligation of any Agency, except that where a Grant <br />Anticipation Note is issued at the request of a member agency for its sole-use facilities, <br />93
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