WHEREAS, the duties and responsibilities of the Secretary/Treasurer are set forth in the duly adopted By-Laws; and

WHEREAS, the By-Laws require that the Secretary/Treasurer actually receive and distribute all funds of the District; and

WHEREAS, actual receipt and disbursement of all funds of the District is determined by the Board to be impracticable,

NOW, THEREFORE, it is hereby resolved that the By-Laws of the Virgin Valley Water District pertaining to duties and responsibilities of the Secretary/Treasurer shall be changed from:

The Secretary/Treasurer shall also receive and safely keep all funds of the Board and deposit the same in such bank or banks as may be designated by the Board of Directors.
The Secretary/Treasurer shall also distribute the funds of the District as may be ordered by the Board, taking proper vouchers for such disbursement and shall render to the president and the directors at regular meetings of the Board, or whenever they may require it, an account of all transactions and of the general financial condition of the District.

To provide as follows:

The Secretary/Treasurer shall also supervise the receipt and safe keeping of all
funds of the Board and deposit the same in such bank or banks as may be designated by the Board of Directors.

The Secretary/Treasurer shall also supervise the distribution of the funds of the District as may be ordered by the Board, taking proper vouchers for such disbursement and shall render to the president and the directors at regular meetings of the Board, or whenever they may require it, an account of all transactions and of the general financial condition of the District.

• Resolution 1993-08-25: Secretary-Treasurer Responsibility (.pdf 44K)

WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public,

WHEREAS, various Board members have expressed a preference for meetings to be held at 7:00 p.m. when daylight savings time is in effect during the summer months and 6:00 p.m. during the winter non-daylight savings time period of the year.

NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to meetings of the District shall be changed from:

The District shall hold regular meetings on the second and fourth Wednesday of each and every month and except when such day shall fall on a legal holiday, in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 7:00 o'clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain.

To provide as follows:

The District shall hold regular meetings on the second and fourth Wednesday of each and every month save and except when such day shall fall on a legal holiday, in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 7 : 00 o'clock P.M. during the summer months when daylight savings time is in effect and 6: 00 o'clock P.M. otherwise, and continue until the business of the day shall be completed or until there shall be a recess to a further date certain.

• Resolution 1993-11-24: Board Meeting Times (.pdf 44K)

WHEREAS, the Bunkerville Water User's Association is a nonprofit cooperative corporation; and

WHEREAS, the Bunkerville Water User's Association is operated as a mutual water company purveying potable water to residents of Bunkerville and portions of unincorporated Clark County, Nevada; and

WHEREAS, on May 10, 1993, Governor Bob Miller signed into law Chapter 100, Statutes of Nevada 1993 (Exhibit A attached hereto) creating the Virgin Valley Water District; and

WHEREAS, Chapter 100, Statutes of Nevada 1993 at Section 10 provides that the service area of the Bunkerville Water Userfs Association may be annexed into the Virgin Valley Water District on the terms and conditions set forth therein; and

WHEREAS, annexation of the service area of the Bunkerville Water User's Association into the Virgin Valley Water District will result in benefits to the shareholders that are not otherwise available under Nevada law to a private mutual water company;

THEREFORE, BE IT RESOLVED by the Board of Directors of the Bunkerville Water User's Association as follows:

That the Bunkerville Water User's Association be dissolved in accordance with the majority vote of its shareholders and NRS 78.580 and the provisions of Chapter 100, Statutes of Nevada 1993, and that all assets and liabilities of the Bunkerville Water User's Association be transferred to the Virgin Valley Water District pursuant to the subject legislation.

• Resolution 1994-05-07: BWUA Dissolve & Transfer (.pdf 64K)

WHEREAS, Senate Bill 50 of the 1993 Legislature provided for creation of the Virgin Valley Water District, located in Clark County, Nevada, and dissolution of the Mesquite Farmstead Water Association, said District to assume all assets and liabilities and functions of said Farmstead: and

WHEREAS, the District has submitted to the Commission the final required reports for the Farmstead as of June 30, 1993; and

WHEREAS, the Commission has asked for an official request for cancellation of said Certificate Board Directors acting for the District;

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF
THE VIRGIN VALLEY WATER DISTRICT:

That the Secretary-Treasurer be directed to forward a copy of this Resolution, together with a letter requesting that the Certificate of Public Convenience issued to the Mesquite Farmstead Water Association be cancelled effective on June 30, 1993.

• Resolution 1994-05-25: Cancel Certificate of Convenience in Arizona (.pdf 40K)

WHEREAS, the annual meeting of the Board of Directors is scheduled for the second Wednesday of July of each and every year;

WHEREAS, more time is required to prepare reports that are to be presented at the annual meeting; and

WHEREAS, it is in the best interest of the District to hold the annual meeting on the fourth Wednesday of July of each and every year.

NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall be changed from:

There shall be an annual meeting of the Board of Directors held on the second Wednesday of July of each and every year at which time a report of the business
transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant, which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.

To provide as follows:

There shall be an annual meeting of the Board of Directors held on the fourth Wednesday of July of each and every year at which time a report of the business
transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant, which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.

• Resolution 1994-07-13: Annual Board Meeting Time (.pdf 44K)

WHEREAS, some monthly expenses, such as power bills, loan payments, etc. exceed $2,500.00;

WHEREAS, operation and maintenance of the District's system requires purchases and services exceeding $2,500.00;

WHEREAS, locating Board members during Virgin Valley Water District office hours to sign District checks exceeding $2,500.00 for monthly expenses or to transfer funds from one account to another exceeding $2,500.00; or to obtain a majority agreement by the Board members for the operation and maintenance expenses to the system creates a difficult and inconvenient situation.

NOW THEREFORE, be it and it hereby is resolved that the By-Laws of the Virgin Valley Water District pertaining to "Appointment of General Manager" shall be changed from:

The Board shall appoint a General Manager who shall be responsible for the day to day operation of the District and who shall have the power to employ or terminate necessary clerical workers, engineering assistants, laborers or others subject to such conditions and restrictions as may be imposed by the Board and to purchase items and services in amounts not to exceed twenty-five hundred dollars ($2,500.00) or pay out funds of the District on the check of the Virgin Valley Water District in amounts not to exceed twenty-five hundred dollars ($2,500.00) without prior approval of the Board. All such actions shall be reported to the Board at the next regularly scheduled meeting. The General Manager must not be a member of the Board.

To provide as follows:

The Board shall appoint a General Manager who shall be responsible for the day to day operation of the District and who shall have the power to employ or terminate necessary clerical workers, engineering assistants, laborers or others subject to such conditions and restrictions as may be imposed by the Board. The General Manager may purchase items and services in amounts not to exceed $2,500.00 unless it is for the maintenance and operation of the District system, then the General Manager may purchase items and services in amounts not to exceed $15,000.00. The General Manager may pay out funds of the District on the check of the Virgin Valley Water District not to exceed $15,000.00 without prior approval of the Board and may sign checks of any amount to transfer funds from one account to another along with the signature of the Secretary-Treasurer of the District. All such actions shall be reported to the Board at the next regularly scheduled meeting. The General Manager must not be a member of the Board.

• Resolution 1994-08-24: GM Okay Over $2500 (.pdf 64K)

WHEREAS, Nevada Revised Statutes 277.080 to 277.180 permits local governments to make the most efficient use of their powers by enabling them to cooperate with other local governments on a basis of mutual advantage and thereby provide services which will best accord needs of their communities; and

WHEREAS, Nevada Revised Statutes 277.110, entitled the "Interlocal Cooperation Act," authorizes public agencies to exercise any power or powers, privileges or authority which may be exercised by the public agency individually to be exercised jointly with any other public agency in the State; and

WHEREAS, Nevada Revised Statutes 277.045 permits two or more political subdivisions of the State of Nevada to enter into a cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of: casualty insurance, other than workmenls compensation and employer's liability, as that term is defined in NRS 681A.020; marine and transportation insurance, as that term is defined in NRS 681A.050; property insurance, as that term is defined in NRS 681A. 060; surety insurance, as that term is defined in NRS 681A.070; or insurance for any combination of these kinds; and

WHEREAS, public agencies within Nevada have found it increasingly difficult to purchase insurance from commercial sources and where such insurance is available, the cost of such coverage often exceeds the ability of the public agencies to pay for such insurance; and

WHEREAS, the Nevada Association of Counties and the Nevada League of Cities have undertaken a series of studies to determine the feasibility of entering into an Interlocal Cooperation Agreement to form the Nevada Public Agency Insurance Pool have concluded that the creation of such a Pool is financially and administratively feasible; and

WHEREAS, a number of public agencies desire to join together for the purpose of providing insurance coverage and jointly funding programs of pooled self-insurance; insurance and excess insurance for property, casualty and surety insurance; and

WHEREAS, the governing boards of a number of public agencies have determined that they wish to create a Nevada Public Agency Insurance Pool and an Interlocal Cooperation Agreement for such Pool has been drafted; and

WHEREAS, the stated purposes, organizational structure and procedural structure contained within that Agreement represent positions shared by this public agency; and

WHEREAS, the governing board of this public body finds that it is in the best interest of its citizens that it become a member of the Nevada Public Agency Insurance Pool,

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE
VIRGIN VALLEY WATER DISTRICT AS FOLLOWS:

SECTION 1: That the Virgin Valley Water District Board of Directors is hereby authorized to execute on behalf of this public agency the Nevada Public Agency Insurance Pool Interlocal Cooperation Agreement, a copy which is appended to and made a part
of this Resolution as Appendix 1.

SECTION 2: The powers of the Pool unless the Agreement is amended, shall be limited to those contained within Appendix 1.

SECTION 3: The commencement of the operations of the Pool and the obligation of this public agency to fully participate in such operations shall be effectuated in accordance with the Agreement.

SECTION 4: Except to the extent of the financial contributions to the Pool this public agency by its entry as a member of the Pool shall not be held responsible in any way for
claims due to the property losses of or claims in tort or contract made against any other member of the Pool.

• Resolution 1994-10-26: NPAIP (.pdf 80K)

WHEREAS, A Resolution was adopted by the Board of Directors on November 24, 1994, changing Board Meetings to 6:00 p.m. when daylight savings time is not in effect;

WHEREAS, with the addition of Bunkerville to the District, 6:00 p.m. meetings would cause a hardship for board members traveling from Las Vegas.

NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to meetings of the District shall provide as follows:

The District shall hold regular meetings on the second and fourth Wednesday of each and every month and except when such day shall fall on a legal holiday, in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 7:00 p.m, and continue until the business of the day shall be completed or until there shall be a recess to a further date certain.

• Resolution 1994-11-04: Board Meeting Times (.pdf 36K)

WHEREAS, the By-Laws of the Virgin Valley Water District allow for the President, Vice-President, General Manager, and Secretary-Treasurer to sign checks of the Virgin Valley Water District;

WHEREAS, two signatures are required on the check of the Virgin Valley Water District;

WHEREAS, Board officials authorized to sign checks are employed elsewhere and it is difficult to obtain two signatures on checks for daily business activities during working hours;

WHEREAS, the Office Manager is available in the Virgin Valley Water District office during business hours;

NOW THEREFORE, be it and it hereby is resolved that the By-Laws of the Virgin Valley Water District shall be amended to provide for the Office Manager of the Virgin Valley Water District to be authorized to sign checks and to transfer funds from one account to another along with the signature of any other person authorized to sign checks of the Virgin Valley Water District.

• Resolution 1994-11-09: Office Manager Sign Checks (.pdf 36K)

WHEREAS, the By-Laws of the VIRGIN VALLEY WATER DISTRICT provide that newly elected and/or appointed members of the Board take office the first Monday in January following the members election and/or appointment;

WHEREAS, the By-Laws of the VIRGIN VALLEY WATER DISTRICT state that all officers shall be elected at the annual meeting of the Board of Directors and shall serve until the next succeeding annual meeting ;

WHEREAS, the annual meeting of the VIRGIN VALLEY WATER DISTRICT is held on the fourth Wednesday of July of each and every year ;

WHEREAS, it is in the best interest of the District to have officers elected at the first meeting of the Board of Directors held on the second Wednesday of each and every January;

WHEREAS, the By-Laws of the VIRGIN VALLEY WATER DISTRICT do not actually state who elects the officers to serve on the Board of Directors;

NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Officers of the District shall be amended to provide that:

All officers shall be elected at the first meeting of the Board of Directors held on the second Wednesday of each and every January by the members of the Board and
shall serve for one year.

• Resolution 1995-01-25: Elected Board Members (.pdf 44K)

WHEREAS, on May 10, 1993, Governor Bob Miller signed into law Chapter 100, Statutes of Nevada, 1993, creating the Virgin Valley Water District; and

WHEREAS, on June 19, 1995, Governor Bob Miller signed into law Chapter 266, Statutes of Nevada, 1995 expanding the service area of the District, providing for the annexation of the Bunkerville Water Users Association into the District and providing a salary for members of the governing board of the District; and

WHEREAS, Section 7 of Chapter 266 Statutes of IVevada, 1995 provides in applicable part as follows: Section 9 of chapter 100, Statutes of Nevada 1993, at page 166, is
hereby amended to read as follows: Members of the board are entitled to receive a salary of not more than $80 per day and reasonable per diem and travel expenses, as set by the board, for their attendance at meetings and conduct of other district business[.]; and

WHEREAS, Chapter 266, Statutes of Nevada 1995 became effective on July 1, 1995,

THEREFORE, BE IT, AND IT HEREBY IS, RESOLVED that the By-Laws of the Virgin Valley Water District pertaining to Board of Directors shall be changed by adding a paragraph after Section 4 which provides:

Effective July 1, 1995, members of the Board of Directors, in addition to reasonable per diem and travel expenses, shall receive a salary of eighty dollars ($80.00) per day for attendance at meetings and other District business.

• Resolution 1995-09-13: Board Member Compensation (.pdf 44K)

WHEREAS, on July 1, 1993, the Virgin Valley Water District (hereinafter "Districtu) was created by the Nevada Legislature pursuant to Chapter 100, Statutes of Nevada, 1993; and

WHEREAS, Chapter 100, Statutes of Nevada, 1993, was amended effective July 1, 1995, by the Nevada Legislature pursuant to Chapter 608, Statutes of Nevada, 1995, and

WHEREAS, Chapter 100, Statutes of Nevada, 1993, as amended, provides in applicable part in section 3, subsection 21 for delivery of water to users in Mohave County Arizona who are located in the Virgin Valley in accordance with the provisions of NRS 533.315 and 533.520, for an appropriate charge, consideration or exchange made thereof, when such supply is available or can be developed as an incident of or in connection with the primary function and operation of the District, and

WHEREAS, the availability and developability of future water sources with regard to the primary function and operation of the District is presently unknown, and

WHEREAS, a certificate of convenience and necessity from the State of Arizona is a prerequisite for future long-term water service by the District to customers in Mohave County, Arizona, and

THEREFORE, BE IT, AND IT HEREBY IS, RESOLVED that pending a comprehensive study by the District or determination that the District has an adequate, available and developable water source sufficient to meet its primary function and operation, the District is unable and unwilling to make any commitment to become the transferee in the matter of the Application of the Mesquite Farmstead Water Association for the Approval of the Sale of Assets and Transfer of the Certificate of Convenience and Necessity to the
Virgin Valley Water District, pending before the Arizona Corporation Commission, Docket Nos. U-2513-94-059 and U-3011-94-59.

• Resolution 1995-11-08: Arizona Water Service (.pdf 52K)

WHEREAS, the annual meeting of the Board of Directors is scheduled for the fourth Wednesday of July of each and every year;

WHEREAS, more time is required to prepare reports that are to be presented at the annual meeting; and

WHEREAS, it is in the best interest of the District to hold the annual meeting on the fourth Wednesday of August of each and every year.

NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall be changed from:

There shall be an annual meeting of the Board of Directors held on the fourth Wednesday of July of each and every year at which time a report of the business
transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant, which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.

To provide as follows:

There shall be an annual meeting of the Board of Directors held on the fourth Wednesday of August of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant, which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.

• Resolution 1997-07-23: Annual Board Meeting Time (.pdf 44K)

WHEREAS, as a result of the change in the costs, conditions and infrastructure needs of the Virgin Valley Water District, the Board duly commissioned an independent study and analysis of water rates; and

WHEREAS, the study and analysis of water rates undertaken by the independent entity CH2M Hill included public input together with an assessment of projected future costs and needs; and

WHEREAS, the result of the study and analysis undertaken by CH2M Hill included a recommendation that water rates be increased or otherwise modified in the spirit of encouraging further conservation; and

WHEREAS, the Board finds that the increase in minimum service charges and the modified block charging for water is in the best interest of the public health, safety and welfare.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Virgin Valley Water District hereby adopts the modified monthly minimum charge and block pricing for water as follows: (see PDF attachment)

BE IT FURTHER RESOLVED that the modified monthly minimum charge and block rate pricing shall become effective January 1, 1998.

• Resolution 1997-08-27: Modify Water Rates (.pdf 96K)

WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public,

WHEREAS, Board members have expressed a preference for meetings to be held
at 6:00 p.m. in lieu of 7:00 p.m.

WHEREAS, there is not always a sufficient amount of business to conduct two
meetings a month,

NOW THEREFORE, be it and it hereby is, resolved that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to meetings of the District shall
provide as follows:

The District shall hold regular meetings on the second and fourth Wednesday of each and every month and except when such day shall fall on a legal holiday, in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 6:00 p.m., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager reserves the right to cancel a meeting. Notices of cancellation shall be posted in accordance with the requirements of Chapter 241 of the Nevada Revised Statutes known as the Nevada Open Meeting Law, as amended.

• Resolution 1999-01-27: Board Meeting Times (.pdf 40K)

WHEREAS, pursuant to Chapter 100, Statutes of Nevada 1993, as amended (the "District Act"), 350.500 to 350.720, inclusive, Nevada Revised Statutes (the "Bond Act") and 350.350 to 350.490, inclusive, designated in 350.350 as the "Water and Sewer Revenne Bond Law" (the "Water and Sewer Act"), the Board (the "Board") of the Virgin Valley Water District (the "District"), Nevada is authorized to issue revenue bonds in order to finance wholly or in part the costs to acquire, construct, or improve lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structure, machinery and other property useful or necessary to store, convey, supply or otherwise deal with water to carny out the powers of the District set forth in Section 3 of the District Act (the "Project").

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF
VIRGIN VALLEY WATER DISTRICT, NEVADA:

Section 1. This resolution and may be cited by the short title "1999 Water Bond Sale Resolution."

Section 2. The District Manager or his designee is hereby authorized to arrange for the issuance and sale of the "Virgin Valley Water District, Nevada Water Revenue Bonds, Series 1999" (the "Bonds") to finance all or any part of the Project, in accordance with the District Act, Bond Act and the Water and Sewer Act.

Section 3. The District Manager or his designee is authorized to specify the terms of the Bonds, the final principal of the Bonds (not in excess of $10,000,000) the terms of their repayment and security therefor, and other details of the Bonds; and if appropriate, to advertise the Bonds for public sale, and to execute a contract for the sale or accept bids for Bonds, subject to NRS 350.105 to 350.195, inclusive, and to ratification by the Board by adoption of one or more ordinances authorizing the issuance of the Bonds.

Section 4. The officers and employees of the District are hereby authorized to take all action necessary or appropriate to effectuate the provisions of this resolution, including
without limitation (a) assembling of financial and other information concerning the District, the Project, and the Bonds, and (b) preparing, approving and circulating an official statement for the Bonds, and, if deemed appropriate by the District Manager or his designee, preparing and circulating a preliminary official statement in the form specified by the District Manager or his designee. The District Manager or his designee is authorized to deem the official statement or preliminary official statement to be a "final" official statement on behalf of the District for the purposes of Rule 15c2-12 of the Securities and Exchange Commission.

Section 5. In order to permit the District to reimburse itself for prior expenditures relating to the Project with the proceeds of bonds, the Board hereby determines and declares as follows:

• The District reasonably expects to incur expenditures with respect to the Project prior to the issuance of bonds for financing the Project and to reimburse those expenditures from the issuance of bonds; and
   
• The maximum principal amount of bonds expected to be used to reimburse such expenditures is $10,000,000.

Section 6. This resolution shall be effective on its passage and approval.

• Resolution 1999-07-14: Issuance of Bonds (.pdf 176K)

WHEREAS, the duties and responsibilities of the President with respect to the execution of contracts is set forth in the duly adopted By-Laws; and

WHEREAS, the By-Laws require that the President execute all contracts presented to and approved by -the Board; and

WHEREAS, the duties and responsibilities of the General Manager with respect to purchases of items and services is limited to fifteen thousand dollars ($15,000.00) without prior approval of the Board;

WHEREAS, it has been determined that the efficiency of the operation of the District will be improved by assigning the authority for execution of contracts (approved by the Board) to the General Manager as well as the President; and

WHEREAS, it has been determined that the efficiency of the operation of the District may be further improved by extending the purchasing authority of the General Manager to twenty-five thousand dollars ($25,000.00)

NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the District pertaining to the execution of contracts approved by the Board and p6chases of items and services by the General Manager shall be changed from:

The Board shall appoint a General Manager who shall be responsible for the day to day operation of the District and who shall have the power to employ or terminate necessary clerical workers, engineering assistants, laborers or others subject to such conditions and restrictions as may be imposed by the Board. The General Manager may purchase items and services in amounts not to exceed twenty-five hundred dollars ($2,500.00) unless it is for the maintenance and operation of the District system, then the General Manager may purchase items and services in amounts not to exceed fifteen thousand dollars ($15,000.00). The General Manager may pay out funds of the District on the check of the Virgin Valley Water District not to exceed fifteen thousand dollars ($15,000.00) without prior approval of the Board and may sign checks of any amount to transfer funds from one account to another along with the signature of the Secretary-Treasurer of the District. All such actions shall be reported to the Board at the next regularly scheduled meeting. The General Manager must not be a member of the Board.

To provide as follows:

The Board shall appoint a General Manager who shall be responsible for the day to day operation of the District and who shall have the power to employ or terminate necessary clerical workers, engineering assistants, laborers or others subject to such conditions and restrictions as may be imposed by the Board. The General Manager may pay out funds of the District on the check of the Virgin Valley Water District not to exceed twenty-five thousand dollars ($25,000.00) without prior approval of the Board and may sign checks of any amount to transfer funds from one account to another along with the signature of the Secretary-Treasurer of the District. The General Manager, in addition to the President, shall have the authority to sign contracts, and other instruments, which shall first have been approved by the Board of Directors. All such actions shall be reported to the Board at the next regularly scheduled meeting. The General Manager must not be a member of the Board.

NOW, THEREFORE, IT IS FURTHER RESOLVED, that paragraph 1 of the By-Laws pertaining to Officers shall be changed from:

The president shall sign all contracts and other investments in writing which shall have first been approved by the Board of Directors, and shall have the right to draw checks upon the treasury when thereto directed by the Board of Directors, and countersigned by the secretary-treasurer or vice-president,

To provide as follows:

The president (andlor the General Manager) shall sign all contracts and other instruments in writing which shall have first been approved by the Board of Directors, and shall have the right to draw checks upon the treasury when thereto directed by the Board of Directors, and countersigned by the secretary-treasurer or vice-president.

• Resolution 1999-09-08: GM Sign up to $25,000 (.pdf 84K)

WHEREAS, the appointment and duties of the General Manager are set forth in the duly adopted By-Laws; and

WHEREAS, it has been determined that there is a need for the appointment of an individual to, from time to time, act in the place and stead of the General Manager; and

WHEREAS, it has been determined that the efficiency of the operation of the District will be improved by appointing a assistant to the General Manager assigning the same authority to that individual as that of the General Manager,

NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the District be ammended to include a provision for the appointment and authority of an Assistant
General Manager to be included as the final paragraph under the section entitled
"Appointment of General Manager" (which upon passage shall be renamed
"Appointment of General Manager and Assistant General Manager") and shall provide as follows:

The board may appoint an Assistant General Manager who shall have the same authority and powers as the General Manager. Actions taken by the Assistant General Manager on behalf of the General Manger shall be reported to the Board at the next regularly scheduled meeting in the same manner as those of the General Manager. The Assistant General Manager must not be a member of the-board.

• Resolution 2000-02-09: Appointment of Assistant General Manager (.pdf 64K)

WHEREAS, the expenses of the Proprietary Fund of the Virgin Valley Water District were budgeted to be $2,305,482 on July 1, 1999; and

WHEREAS, the expenses are now determined to be $3,018,018; and

WHEREAS, said additional expenses are:

• Operating Expenses (excluding depreciation) $ 470,000
• Depreciation 90,000
• Non-Operating Expenses 152.536
• Total $ 712,536

WHEREAS, there is a need to apply these additional expenses in the Proprietary Fund.

NOW, THEREFORE, it is hereby resolved that the Virgin Valley Water District shall augment its 1999-2000 budget by appropriating $712,536 for use in the Proprietary Fund, thereby increasing its appropriations from $2,305,482 to $3,018,018. A detailed schedule is attached to this Resolution and by reference is made a part hereof'.

IT IS FURTHER RESOLVED that the Secretary shall forward the necessary documents
to the Department of Taxation, State of Nevada.

• Resolution 2000-06-28: Augment 1999-2000 Budget (.pdf 52K)

• Resolution 2000-09-13: Organization Account Agreement (.pdf 156K)

WHEREAS, the Virgin Valley Water District has considered the establishment of a new Deferred Compensation Plan to be made available to any employee for which compensation is paid pursuant to Section 457 (b) of the Internal Revenue Code of 1986,
as amended;

WHEREAS, Eligible Employees would receive certain tax benefits through participation in a deferred compensation plan;

WHEREAS, such benefits act as incentives for Eligible Employees to direct a portion of their current income to a deferred compensation plan that will provide for the payment of deferred compensation upon retirement or separation from service as well as death benefits in the event of death before or after separation from service;

WHEREAS, such new Deferred Compensation Plan would be made available in addition to, and provide Eligible Employees with an investment alternative to, any prior Section 457(b) plans established by the Employer;

WHEREAS, Aetna Life Insurance and Annuity company has provided the specimen Public Employer Deferred Compensation Plan (the "Plan") attached as Exhibit A hereto for the consideration of the Employer's counsel;

WHEREAS, the Employer has consulted with counsel and concluded that the specimen document is suitable to accomplish the Employer's objectives in establishing the new Deferred Compensation Plan;

WHEREAS, Aetna Life Insurance and Annuity Company or its affiliates, have offered to provide investment products and administrative services to the new Deferred Compensation Plan on terms acceptable to the Employer; and

WHEREAS, Aetna Life Insurance and Annuity company or one of its corporate affiliates ("Aetna") agrees to hold harmless and indemnify the Employer, its appointed and elected officers and employees against any and all claims, actions and suits made or brought by any person or persons arising out of any negligence or wrongdoing of Aetna in connection with the specific investment products provided and administrative services rendered by Aetna to the Plan;

NOW THEREFORE IT IS HEREBY:

RESOLVED: That the establishment of a new Deferred Compensation Plan be, and it hereby is, approved.

RESOLVED: That the General Manager be, and he is, authorized to adopt a new Deferred Compensation Plan on behalf of the Employer by executing in the Employer's name a Plan document in substantially the same form as Exhibit A hereto.

RESOLVED: That Aetna Life Insurance and Annuity Company andlor its appropriate corporate affiliate be, and it hereby is, selected as the exclusive provider of investment products and administrative services to the Plan.

RESOLVED: That the following public officials be, and they hereby are, appointed as the Plan Committee within the meaning of Section 3.01 of the Plan document for the purpose of discharging the administrative responsibilities of the Employer under the new Deferred Compensation Plan:

• Michael Winters, General Manager
• Mary Johnson, Administrative Assistant
• John Gleave, CPA, Chief Financial Officer

RESOLVED: That the Plan Committee be, and it hereby is, authorized and directed to enter into such contractual arrangements with Aetna as shall be reasonably necessary to provide for the furnishing of investment product and administrative services to the Plan.

IT IS HEREBY FURTHER ORDERED, that a true copy of this Resolution be spread
among the District's record of this date.

• Resolution 2001-04-11: Deferred Compensation (.pdf 72K)

WHEREAS, pursuant to Chapter 100, Statutes of Nevada 1993, as amended (the "District Act"), 350.500 to 350.720, inclusive, Nevada Revised Statutes (the "Bond Act") and 350.350 to 350.490, inclusive, designated in 350.350 as the "Water and Sewer Revenue Bond Law" (the "Water and Sewer Act"), the Board (the "Board") of the Virgin Valley Water District (the "District"), Nevada is authorized to issue revenue bonds in order to finance wholly or in part the costs 'to acquire, construct, or improve lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structure, machinery and other property useful or necessary to store, convey, supply or otherwise deal with water to carry out the powers of the District set forth in Section 3 of the District Act (the "Project").

NOW, THEREFOFW, BE IT RESOLVED BY THE GOVERNING BOARD OF VIRGIN VALLEY WATER DISTRICT, NEVADA:

Section 1. In order to permit the District to reimburse itself for prior expenditures
relating to the Project with the proceeds of tax-exempt obligations, the Board hereby determines and declares as follows:

• The District reasonably expects to incur expenditures with respect to the Project prior to the issuance of tax-exempt obligations for financing the Project and to reimburse those expenditures from the issuance of tax-exempt obligations and
   
• The maximum principal amount of tax-exempt obligations expected to be used to reimburse such expenditures is $7,000,000.

This resolution shall be effective on its passage and approval.

• Resolution 2001-08-22: Reimburse Expenditures (.pdf 132K)

• Resolution 2001-09-12: Sale of Bonds (.pdf 240K)

WHEREAS, on February 28, 1996, the Board adopted Ordinance No. 2 and the Criteria for Required Dedication of Water Rights Pursuant to Virgin Valley Water District Ordinance No. 2 requiring that water rights and water supply or substitute compensation be dedicated to the District prior to provision of water service; and

WHEREAS, the Board has determined that it is in the best interest of the District, as well as the public and development community, to determine impact fees on the basis of Equivalent Meter Ratios.

NOW, THEREFORE, BE IT RESOLVED

1. That the Board of Directors of ,the Virgin Valley Water District hereby adopts the amended CRITERIA FOR REQUIRED DEDICATION OF WATER RIGHTS PURSUANT TO VIRGIN VALLEY WATER DISTRICT ORDINANCE IVO. 2 as follows:
   
   The District reserves the right to adjust and modify the amount of water rights
   required for dedication from time to time at the discretion of the General Manager
   with the concurrence of the Board of Directors.
   
   
   • Amount. The amount of required dedicated water rights, pursuant to Virgin Valley Water District (hereinafter "District") Ordinance No. 2 is one (1) Acre Foot Annually (AFA) for each Equivalent Dwelling Unit ("EDU") established for the meter size as follows: (see attachment)
      
2. Payment in Lieu of Dedication. The primary purpose of the underlying ordinance is to provide for future water supply, and in this regard dedication of water rights is strongly encouraged. In many instances, however, it is recognized that dedication of actual water rights may be disproportionately burdensome, impracticable, or otherwise inconsistent with a water rights holder's long term plans for use of his or her property including his or her water rights. Payment of a fee may therefore be substituted for dedication of actual water rights.
   
   
   • In the event an applicant elects to pay a fee in lieu of the dedication of actual water rights, the fee shall be the combined sum of the fair market value of the water right plus the cost of preparing and filing record of conveyance of ownership and applications to change the point of diversion, place of use and manner of use under Chapter 533 of the Nevada Revised Statutes as determined by the District Engineer such that the fee paid in lieu of actual dedication of water rights is not less than the value of water rights and required costs as if actual dedication of water rights has occurred.
      
   • The burden of establishing the fair market value to the satisfaction of the General Manager of the District lies with the applicant and any and all costs associated therewith are the applicant's sole responsibility. The District reserves the right to require an appraisal or other suitable means of determining such value.
      
3. Conditions. Dedication of water rights must meet the following conditions:
   
   • The applicant must submit proof of the validity of the water right and a complete abstract or chain of title establishing ownership. The water right must be in good standing. The District reserves the right to request proof of use within the proceeding five (5) years and may refuse to accept a water right not so utilized.
      
   • The water right must be legally available for beneficial use of the District within its established service area. All costs of transfer of any point of diversion or changes in manner or place of use shall be the responsibility of the applicant and the appropriate application to change the point of diversion, place of use and manner of use consistent with the requirements of the District shall be filed with the State of Nevada, Department of Conservation and Natural Resources, Division of Water
     Resources prior to the issuance of a will-serve letter by tlie District.

•  Resolution 2002-01-01: Amend Ordinance 2 (.pdf 84K)

WHEREAS, it has been determined by the Board that there is a need for the establishment of a policy with regard to purchasing and purchase order procedures; and

WHEREAS, it has been determined that the operation of the District Will be improved by the adoption of a policy with regard to purchasing and purchase order procedures,

NOW, THEREFORE, IT IS HEREBY RESOLVED that the policy of the District with respect to the General Manager and purchasing is as follows:

1. The General Manager has authority to purchase items and services as necessary, and otherwise execute purchase orders, in amounts up to and including $2,500.
    
2. Purchases in excess of $2,500 shall be brought before the Board of Directors for its consideration and purchase orders for items and services in excess of $2,500 shall only be executed by the President of the Board or the General Manager after consideration and approval of the Board;
    
3. If it is determined by the General Manager that there is an urgency or emergency that requires the purchase of items or services in excess of $2,500 prior to the next regularly scheduled Board of Directors meeting, the General Manager shall contact and obtain approval from at least three Board members prior to his execution of a purchase order addressing the purchase of items or services in excess of $2,500.

• Resolution 2002-01-09: PO Procedures (.pdf 52K)

• Resolution 2003-01-22: Sale of Bonds (.pdf 188K)

WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public;

WHEREAS, Board members have expressed a preference for regular monthly meetings to be held the first and third Tuesday at 4:00 p.m. in lieu of the second and fourth Wednesday at 6:00 p.m.;

WHEREAS, Board members have expressed a preference for the annual meeting to be held the first Tuesday in September in lieu of the fourth Wednesday in August.

NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall provide as follows:

1. The District shall hold regular meetings on the first and third Tuesday of each and every month save and except when such day shall fall on a legal holiday in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 4:00 o'clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager reserves the right to cancel meetings. Notices of cancellation shall be posted in accordance with the
   requirements of Chapter 241 of the Nevada Revised Statutes generally known as the Nevada Open Meeting Law.
    
2. There shall be an annual meeting of the board of directors held on the first Tuesday of September of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual
   meeting heretofore provided for.

• Resolution 2003-04-09: Board Meeting Times (.pdf 48K)

• Resolution 2003-10-09: Series 2003 Bond (.pdf 2.7M)

• Resolution 2004-01-06: Sale of Bonds (.pdf 160K)

• Resolution 2004-02-04: Series 2004 Bond (.pdf 276K)
• Resolution 2004-02-04: Series 2004 Bond Ordinance (.pdf 3.4M)

WHEREAS, the expenses of the Proprietary Fund of the Virgin Valley Water District were budgeted to be $4,829,601 on July 1, 2004; and

WHEREAS, the expenses are now determined to be $5,541,056; and

WHEREAS, said additional expenses are:

• Operating Expenses (excluding depreciation) $ 560,000
• Non-Operating Expenses 151,455
• Total $ 711,455

WHEREAS, there is a need to apply these additional expenses in the Proprietary Fund.

NOW THEREFORE, it is hereby resolved that the Virgin Valley Water District shall augment its 2004-2005 budget by appropriating $711,455 for use in the Proprietary Fund, thereby increasing its appropriations from $4,829,601 to $5,541,056. A detailed schedule is attached to this Resolution and by reference is made a part hereof.

IT IS FURTHER RESOLVED that the Secretary shall forward the necessary documents to the Department of Taxation, State of Nevada.

• Resolution 2005-06-21: Augment 2004-2005 Budget (.pdf 44K)

• Resolution 2005-07-05: Sale of Bonds (.pdf 180K)

WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public;

WHEREAS, Board members have expressed a preference for regular monthly meetings to be held the first and third Tuesday at 2:00 p.m. in lieu of 4:00 p.m.;

NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the VIRGIN VALLEY WATER DIS-TRICT pertaining to Meetings of the District shall provide as follows:

1. The District shall hold regular meetings on the first and third Tuesday of each and every month save and except when such day shall fall on a legal holiday in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 2:00 o=clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager reserves the right to cancel meetings. Notices of cancellation shall be posted in accordance with the requirements of Chapter 241 of the Nevada Revised Statutes generally known as the Nevada Open Meeting Law.
    
2. There shall be an annual meeting of the board of directors held on the first Tuesday of September of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual
   meeting heretofore provided for.

• Resolution 2005-07-19: Board Meeting Times (.pdf 52K)

• Resolution 2006-02-21: Series 2006 Bond (.pdf 3.6M)

The May 2, 2006 VVWD Board Meeting Minutes are available for download.

• Board Meeting Minutes: 2006-05-02 (.pdf 24K)

The May 18, 2006 VVWD Board Meeting Minutes are available for download.

• Board Meeting Minutes: 2006-05-18: Budget Work Session (.pdf 20K)

WHEREAS, the expenses of the Proprietary Fund of the Virgin Valley Water District were budgeted to be $4,903,307 on July 1,2005; and

WHEREAS, the expenses are now determined to be $5,303,307; and

WHEREAS, there is a need to apply these additional expenses in the Proprietary Fund.

NOW, THEREFORE, it is hereby resolved that the Virgin Valley Water District shall augment its 2005-2006 budget by appropriating $400,000 for use in the Proprietary Fund, thereby increasing its appropriations from $4,903,307 to $5,303,307.

IT IS FURTHER RESOLVED that the Secretary shall forward the necessary documents
to the Department of Taxation, State of Nevada.

• Resolution 2006-06-20: Augment 2005-2006 Budget (.pdf 32K)

WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public;

WHEREAS, Board members have expressed a preference for regular monthly meetings to be held the first and third Tuesday at 5:00 p.m. in lieu of 2:00 p.m.;

NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall provide as follows:

1. The District shall hold regular meetings on the first and third Tuesday of each and every month save and except when such day shall fall on a legal holiday in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 5:00 o'clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager reserves the right to cancel meetings. Notices of cancellations hall be posted in accordance with the
   requirements of Chapter 241 of the Nevada Revised Statutes generally known as the Nevada Open Meeting Law.
    
2. There shall be an annual meeting of the board of directors held on the first Tuesday of September of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual
   meeting heretofore provided for.

• Resolution 2006-08-15: Board Meeting Times (.pdf 52K)

WHEREAS, it is in the best interest of the District to have meetings at a time when they can best be attended by members of the Board of Directors and the public;

WHEREAS, a majority Board members have expressed a preference for regular monthly meetings to be held the first and third Tuesday at 3:00 p.m. in lieu of 5:00 p.m.;

NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall provide as follows:

1. The District shall hold regular meetings on the first and third Tuesday of each and every month save and except when no meeting is necessary or such day shall fall on a legal holiday in which event, the said regular meeting shall be the day following said legal holiday. Such meetings shall begin at the hour of 3:00 o'clock P.M., and continue until the business of the day shall be completed or until there shall be a recess to a further date certain. In the event there is not a sufficient amount of business to be conducted for two meetings a month, the General Manager, in his sole discretion, may cancel a regularly scheduled or special
   meeting. Notices of cancellation shall be posted in accordance with the requirements of Chapter 241 of the Nevada Revised Statutes generally known as the Nevada Open Meeting Law.
    
2. There shall be an annual meeting of the board of directors held on the first Tuesday of September of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.

• Resolution 2007-04-17: Board Meeting Times (.pdf 704K)

WHEREAS, on February 28, 1996, the Board adopted Ordinance No. 2 and the Criteria Required Dedication of Water Rights Pursuant to Virgin Valley Water District Ordinance No. 2 requiring that water rights and water supply or substitute compensation be dedicated to the District prior to provision of water service; and

WHEREAS, the Board has determined that it is in the best interest of the District, as well as the public and development community, to amend Ordinance No. 2 to include the provision that the payment of compensation in lieu of dedicating water rights or any other fees are nonrefundable.

NOW, THEREFORE, BE IT RESOLVED

That Section 4 of Ordinance No. 2 be amended or otherwise modified from the following:

• Nature of Dedication. The dedication of water rights and facilities required herein will be satisfied if the applicant enters into an agreement with the District secured by a performance bond or other undertaking acceptable to the Board or its designee. The agreement must constitute a binding offer to dedicate or to pay substitute compensation, conditioned only upon final approval of the application for water service.

To read as follows:

1. Nature of Dedication. The dedication of water rights and facilities required herein will be satisfied if the applicant enters into an agreement with the District secured by a performance bond or other undertaking acceptable to the Board or its designee. The agreement must constitute a binding nonrevocable offer to dedicate or to pay the appropriate non-refundable compensation, conditioned only upon final approval of the application for water service.

• Resolution 2007-10-16: Amend Ordinance 2 (.pdf 52K)

• Resolution 2007-10-16: Notify DMC to Issue Bond (.pdf 348K)

• Resolution 2007-11-26: Issue Water Bonds (.pdf 1.4M)

• Resolution 2008-03-04: 2008 Bond Ordinance (.pdf 6.1M)

The August 5, 2008 VVWD Board Meeting Agenda is available for download.

• Board Meeting Agenda: 2008-08-05 (.pdf 16K)

WHEREAS, the annual meeting of the Board of Directors is scheduled for the first Tuesday in September; and

WHEREAS, Board members have expressed a preference for the annual meeting to be held the first Tuesday in October in order to consider the results of the annual audit.

NOW, THEREFORE, IT IS HEREBY RESOLVED that the By-Laws of the VIRGIN VALLEY WATER DISTRICT pertaining to Meetings of the District shall provide as follows:

1. There shall be an annual meeting of the board of directors held on the first Tuesday of October of each and every year at which time a report of the business transacted during the preceding year by the District, including a financial report prepared by a duly appointed qualified public accountant which shall be filed with the secretary-treasurer on or before the date of the annual meeting heretofore provided for.

• Resolution 2008-10-07: Annual Meeting Times (.pdf 384K)