DUBLIN SAN RAMON SERVICES WASTEWATER DISPOSAL (13-1172C)

WHEREAS, City, District, and the City of Livermore, California are member agencies of the Livermore Amador Valley Water Management Agency (hereinafter defined as "LAVWMA and WHEREAS, the member agencies have executed that certain agreement entitled, "Amended and Restated Joint Exercise of Powers Agreement for the Livermore Amador Valley Water Management Agency LAVWMA)," dated as of September 10, 1997 (hereinafter defined as the "LAVWMA JPA and WHEREAS, pursuant to the provisions of paragraph 19.1 of the LAVWMA JPA, City has conducted an election on the question of participating in the Project (as said term is defined in the LAVWMA JPA) and City's electorate has approved said Project, but a similar ballot measure voted upon in the City of Livermore was not approved by that City's electorate; and WHEREAS, pursuant to the provisions of paragraph 19.3 of the LAVWMA JPA, District and City may proceed with the Project; and WHEREAS, as a result of the Project approval, the allocations of Disposal Capacity (hereinafter defined) for City and District under the Basic Agreement shall be revised; and WHEREAS, District has undertaken its Stage 4 Expansion Project of District's Treatment Plant (hereinafter defined as "WTP Stage 4 Expansion Project which will increase the respective allocations of Treatment Capacity (hereinafter defined) of the parties under the Basic Agreement; and WHEREAS, the parties desire by this Second Supplemental Agreement to adjust their respective allocations of Treatment and Disposal Capacity to reflect the increased Disposal Capacity resulting from the LAVWMA Project and Treatment Capacity resulting from Districts WTP Stage 4 Expansion Project as contemplated by paragraph 8 of the Basic Agreement; -2- Agmt-28 F\sh\sh \DSRSD DES:rg:04/19/99;08/21 /00R AK v. 2: 10/10/OOR; DES 10/22/00