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Ocm085.1/11/12 OCM085.1/11/12 Dated 2011 CITY OF ARMADALE CITY OF GOSNELLS CITY OF SOUTH PERTH CITY OF MANDURAH SHIRE OF MURRAY SHIRE OF SERPENTINE-JARRAHDALE and SHIRE OF WAROONA DEED OF AMENDMENT OF THE ESTABLISHMENT AGREEMENT OF THE RIVERS REGIONAL COUNCIL Woodhouse Legal Solicitors and Legal Consultants 323 Rokeby Road SUBIACO WA 6008 Telephone 9382 2202 Fax 9382 3011 JMW: 20110120 20110120 Rivers Regional Council - Deed of Amendment Est Agt draft 051011 OCM085.1/11/12 CONTENTS Recitals.....................................................................................................................................................1 Operative Provisions ................................................................................................................................2 1. INTERPRETATION........................................................................................................................2 1.1 Definitions............................................................................................................................2 1.2 Interpretation ........................................................................................................................2 2. AMENDMENT OF THIRD ESTABLISHMENT AGREEMENT .................................................2 SCHEDULE.............................................................................................................................................4 20110120 Rivers Regional Council - Deed of Amendment Est Agt draft 051011 OCM085.1/11/12 DEED OF AMENDMENT This Deed dated 2011 BETWEEN CITY OF ARMADALE of 7 Orchard Avenue, Armadale, Western Australia, CITY OF GOSNELLS of 2120 Albany Highway, Gosnells, Western Australia, CITY OF SOUTH PERTH of Civic Centre Cnr Sandgate Street and South Terrace, South Perth, Western Australia, CITY OF MANDURAH of 3 Peel Street, Mandurah, Western Australia , SHIRE OF MURRAY of 1915 Pinjarra Road, Pinjarra, Western Australia, SHIRE OF SERPENTINE- JARRAHDALE of 6 Paterson Street, Mundijong, Western Australia, SHIRE OF WAROONA of 52 Hesse Street, Waroona, Western Australia (“the Participants”) RECITALS A. By the First Establishment Agreement, City of Armadale, City of Gosnells and City of South Perth agreed to establish a regional local government named the South East Metropolitan Regional Council. B. The Minister approved the First Establishment Agreement and, in the Government Gazette dated 3 July 2001, the Minister declared the establishment of the South East Metropolitan Regional Council pursuant to section 3.61 of the Act. C. By the Second Establishment Agreement, City of Armadale, City of Gosnells and City of South Perth agreed to amend the First Establishment Agreement by revoking it and substituting it with the Second Establishment Agreement. The Minister approved the Second Establishment Agreement. Under the Second Establishment Agreement the name continued as the South East Metropolitan Regional Council. D. By the Third Establishment Agreement, City of Armadale, City of Gosnells and City of South Perth agreed to amend the Second Establishment Agreement by revoking it and substituting it with the Third Establishment Agreement. The Minister approved the Third Establishment Agreement. Under the Third Establishment Agreement the name was changed to the Rivers Regional Council. E. By the First Deed of Amendment: (a) City of Armadale, City of Gosnells and City of South Perth agreed to amend the Third Establishment Agreement to include City of Mandurah, Shire of Murray and Shire of Serpentine-Jarrahdale as “Participants”; and (b) City of Mandurah, Shire of Murray and Shire of Serpentine-Jarrahdale agreed to be bound by the Third Establishment Agreement as “Participants”. The Minister approved the First Deed of Amendment. 20110120 Rivers Regional Council - Deed of Amendment Est Agt draft 051011 1 OCM085.1/11/12 F. By the Second Deed of Amendment: (a) City of Armadale, City of Gosnells, City of South Perth, City of Mandurah, Shire of Murray and Shire of Serpentine-Jarrahdale agreed to amend the Third Establishment Agreement to include Shire of Waroona as one of the Participants; and (b) Shire of Waroona agreed to be bound by the Third Establishment Agreement as one of the Participants. The Minister approved the Second Deed of Amendment. G. The Participants have agreed to amend the Third Establishment Agreement in the manner appearing in this Deed and the Participants have resolved on the dates referred to in the Schedule to enter into this Deed. OPERATIVE PROVISIONS 1. INTERPRETATION 1.1 Definitions In this Deed, unless the contrary intention appears: (a) “First Deed of Amendment” means the deed of amendment undated but stamped 9 October 2008 and approved by the Minister on 6 June 2008 between City of Armadale, City of Gosnells and City of South Perth as “the Original Participants” and City of Mandurah, Shire of Murray and Shire of Serpentine- Jarrahdale as “the New Participants”; (b) “Second Deed of Amendment” means the deed of amendment undated but approved by the Minister on 4 June 2009 between City of Armadale, City of Gosnells, City of South Perth, City of Mandurah, Shire of Murray and Shire of Serpentine-Jarrahdale as “the Participants” and Shire of Waroona as “the New Participant”; (c) “Third Establishment Agreement” means the establishment agreement between City of Armadale, City of Gosnells and City of South Perth undated but stamped 29 October 2008 and approved by the Minister on 6 June 2008; (d) words and expressions defined in the Third Establishment Agreement have the same meanings where appearing in this Deed. 1.2 Interpretation The rules of interpretation set out in the Third Establishment Agreement apply to this Deed. 2. AMENDMENT OF THIRD ESTABLISHMENT AGREEMENT The Participants agree to amend the Third Establishment Agreement as follows: 20110120 Rivers Regional Council - Deed of Amendment Est Agt draft 051011 2 OCM085.1/11/12 (1) clause 6.1 is amended by deleting subclause (2); (2) a new clause 6.8 is inserted as follows: “6.8 Deputy members (1) A Participant may: (a) appoint a member of the council of the Participant to be a deputy member of the RRC Council; and (b) terminate the appointment at any time. (2) A deputy of a member of the RRC Council may attend a meeting of the RRC Council when the member is unable to do so by reason of illness, absence or other cause. (3) A deputy of a member, when attending a meeting under subclause (2), has the functions of, and all the protections given to, a member. (4) A person must not currently hold office as a deputy of more than one member of the RRC Council.” 20110120 Rivers Regional Council - Deed of Amendment Est Agt draft 051011 3 OCM085.1/11/12 SCHEDULE Original Participant Date Of Resolution To Enter Into This Deed City of Armadale 2011 City of Gosnells 2011 City of South Perth 2011 City of Mandurah 2011 Shire of Murray 2011 Shire of Serpentine-Jarrahdale 2011 Shire of Waroona 2011 20110120 Rivers Regional Council - Deed of Amendment Est Agt draft 051011 4 OCM085.1/11/12 Executed as a Deed. THE COMMON SEAL of CITY OF ) ARMADALE was hereunto affixed pursuant to a ) resolution of the Council in the presence of: ) Mayor Chief Executive Officer THE COMMON SEAL of CITY OF ) GOSNELLS was hereunto affixed pursuant to a ) resolution of the Council in the presence of: ) Mayor Chief Executive Officer THE COMMON SEAL of CITY OF SOUTH ) PERTH was hereunto affixed pursuant to a ) resolution of the Council in the presence of: ) Mayor Chief Executive Officer 20110120 Rivers Regional Council - Deed of Amendment Est Agt draft 051011 5 OCM085.1/11/12 THE COMMON SEAL of CITY OF ) MANDURAH was hereunto affixed pursuant to a ) resolution of the Council in the presence of: ) Mayor Chief Executive Officer THE COMMON SEAL of SHIRE OF ) MURRAY was hereunto affixed pursuant to a ) resolution of the Council in the presence of: ) Shire President Chief Executive Officer THE COMMON SEAL of SHIRE OF ) SERPENTINE-JARRAHDALE was hereunto ) affixed pursuant to a resolution of the Council in ) the presence of: Shire President Chief Executive Officer 20110120 Rivers Regional Council - Deed of Amendment Est Agt draft 051011 6 OCM085.1/11/12 THE COMMON SEAL of SHIRE OF ) WAROONA was hereunto affixed pursuant to a ) resolution of the Council in the presence of: ) Shire President Chief Executive Officer Approved Hon G M (John)Castrilli MLA Minister for Local Government __________________ ___________________________ Date Signature 20110120 Rivers Regional Council - Deed of Amendment Est Agt draft 051011 7 .
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