HomeMy WebLinkAbout1996-335
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RESOLUTION NO. 96- 335
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA APPROVING A
CERTAIN AMENDMENT NO. 2 TO JOINT EXERCISE OF
POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN
AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
WHEREAS, the City of San Bernardino, California
("City") is a charter city and a municipal corporation duly
9 organized and existing under the Constitution and Laws of the
10 State of California; and
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WHEREAS, the San Bernardino International Airport
13 Authority ("SBIAA") is a joint powers authority organized and
14 existing pursuant to Government Code Section 6500, ~. ~.; and
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WHEREAS, the SBIAA was established pursuant to that
certain Joint Exercise of Powers Agreement ("JPA") dated for
convenience as of May 12, 1992, entered into by the City, the
County of San Bernardino, and the Cities of Colton, Highland,
Loma Linda and Redlands (collectively "Parties"); and
WHEREAS, the SBIAA was created for the specific purpose
of facilitating the conversion and reuse of the Norton Air Force
Base ("NAFB") aviation facilities from military to civilian
purposes, and to mitigate the impacts on the community from the
loss of jobs and income from the closure of NAFB; and
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WHEREAS, on or about August 10, 1992, the Parties
approved and adopted a certain Amendment No. 1 to the JPA; and
WHEREAS, Section 12(a) of the JPA provides that the JPA
may be amended by unanimous consent of the Parties for any lawful
purpose; and
WHEREAS, the city of Redlands has recently advised the
Parties that it desires to withdraw from the membership of the
SBIAA; and
WHEREAS, in accordance with Section 12(a) of the JPA,
the city deems it appropriate to amend the JPA to delete Redlands
from the membership of the SBIAA and to reallocate the voting
structure of the SBIAA among the remaining Parties, pursuant to
the terms and conditions set forth in that certain Amendment No.
2 to Joint Exercise of Powers Agreement Creating An Agency To Be
Known As The San Bernardino Regional Airport Authority
("Amendment No.2"), a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
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1 SECTION 1. The City hereby approves Amendment No.2
2 in the form attached hereto as Exhibit "A", and incorporated
3 herein by this reference.
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1 RE~OLUTION OF THE 11r,YOR AND COMMON COUNCIL OF THE CITY OF SA."!
BERNARDINO, CALIFORNIA APPROVING A CERTAIN AMENDMENT NO. 2 TO
2 JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN
AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
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SECTION-2..
The findings and determinations herein
shall be final and conclusive. This Resolution shall take effect
immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
joint regular
San Bernardino at a
meeting
thereof, held on the 21st
October
day of
11 1996, by the following vote, to wit:
~cil. Members: AYES N.a.Y.5. ABSTAIN ABSENT
NEGRETE x
------
CURLIN x
ARIAS x
---
OBERHELHAN x
---
DEVLIN x
--- ----
ANDERSON x:
x ----
MILLER
----- ----
~~er~ -
),,3/1-1.
The foregoing resolution is
hereby approved this
day of
October
, 1996.
.~ )1tt1~
~ of the City of
San Bernardino
Approved as to form and legal content:
JAMES F. PEill-'.AN
City Attorney
By:
SBIA/0001/DOC/215
8/27/96 4:15 ew
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../rt".
RESOLUTION NO. 96- /L/
RESOLUTION OF THE SAN BERNARDINO INTERNATIONAL
AIRPORT AUTHORITY APPROVING A CERTAIN J\MENm.fENT
NO. 2 TO JOINT EXERCISE OF POWERS AGREEMENT
CREATING AN AGENCY TO BE KNOWN AS THE SAN
BERNARDINO REGIONAL AIRPORT AUTHORITY
WHEREAS, the San Bernardino International Airport
Authority ("SBIM") is a joint powers authority organized and
existing pursuant to Government Code Section 6500, ~. ~.; and
WHEREAS, ,the SBIM was established pursuant to that
certain Joint Exercise of. Powers Agreement ("JPA") dated for
convenience as of May 12, 1992, entered into by the County of
San Bernardino, and the Cities of San Bernardino, Colton, Highland,
Loma Linda and Redlands (collectively "Parties"); and
WHEREAS, the SBlAA was created for the specific purpose
of facilitating the: conversion and reuse of the Norton Air Force
Base ("NAFB") aviation facilities from military to civilian
purposes, and to mitigate the impacts on the community from the
loss of jobs and income from the closure of NAFB; and
WHEREAS, on or about August 10, 1992, the Parties
approved and adopted a certain Amendment No. 1 to the JPA: and
WHEREAS, Section 12(a) of the JPA provides that the JPA
may be amended by unanimous consent of the Parties for any lawful
purpose: and
WHEREAS, the City of Redlands has recently advised the
Parties that it desires to withdraw from the membership of the
SBIM; and
WHEREAS, in accordance with Section 12(a) of the JPA, the
SBIM deems it appropriate to amend the JPA to delete Redlands from
the membership of the SBIM and to reallocate the voting structure
of the seIM among the remaining Parties, pursuant to the terms and
conditions set fort;h in that certain Amendment No. 2 to Joint
Exercise of Powers Aqreement Creating An Agency To Be Known As The
San Bernardino Reqional Airport Authority ("Amendment No.2"), a
copy of which is attached hereto as Exhibit "A" and incorporated
herein by reference.
NOW, THEREFORE,
THE COMMISSION OF THE
AUTHORITY, AS FOLLOWS:
BE IT RESOLVED, DETERMINED AND ORDERED Bi'
SAN BERNARDINO INTERNATIONAL AIRPORT
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SECTION 1. The SBlAA hereby approves Amen~ent No.2
in the form attached hereto as Exhibit "A", and incorporated herein
by this reference.
SECTION 2. Upon approval of Amendment No. 2 by the
Parties, the Airport Director is authori~ed and directed to prepare
a composite of the JPA indicating the changes that will take effect
as a result of Amendment No.2.
SECTION 3. This Resolution
immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this
shall
take
effect
1996.
J1~
day of July,
:2~&~t of the
CommiSsion for the San Bernardino
International Airport Authority
(SEAL)
ATTEST:
~,. !?~
gQCl:fQt:lry,'Assistant S retary of the
Commission for the San Bernardino
International Airport Authority
I, Rrr/c.,'ir IJ. C /6rn ' S8Sut~q/Assistant Secretary
of the San Bernardino nternational Airport Authority do hereby
certify that the foregoing Resolution No. 96- 14 was duly and
regularly passed and adopted by the San Bernardino International
Airport Authority at aA~'..1 ~ meeting thereof held
on the /7bL day of July, 1996, and hat the foregoing is a full,
true, and correct copy of said Resolution, and has not been amended
or repealed.
~.. ~ &-(i
ge~r8t{r~~5 t~nt se~ary of the
Commission for the San ernardino
International Airport Authority
(SEAL)
SBlA/000l/DOC/210
719/96. 4: 00 ew
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EXHIBIT "A"
AMENDMENT NO. 2 TO JOINT EXERCISE OF
POWERS AGREEMENT CREATING AN AGENCY
TO BE !<NOWN AS THE
SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
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AMENDMENT NO.2 TO
JOINT EXERCISE OF POWERS AGREEMENT
CREATING AN AGENCY TO BE KNOWN AS THE
SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
THIS AMENDMENT NO.2 ("Amendment No.2") to that certain Joint
Exercise of Powers Agreement Creating An Agency To Be Known As The San Bemardino
Regional Airport Authority which is dated for convenience as of May 12, 1992 (" JPAj, Is
made and entered into this day of , 1996, by and among the Cities of San
Bernardino, Colton, Loma Linda, Highland, Redlands and the County of San Bernardino
(collectively "Parties'). The Parties agree as ,follows:
1, Pumose of Amendment. '
The Parties acknowledge the receipt of the request of the City of Redlands
("Red lands") to withdraw from the membership of the San Bemardino International Airport
Authority ("Authority") pursuant to a letter dated April 18, 1996, and in accordance with
previous official action as taken by Redlands to withdraw from the membership of the
Authority. The remaining parties to the JPA deem it desirable to further amend the JPA
to delete Redlands from the membership of the Authority and to reallocate the voting
structure of the Authority among the remaining Parties. Except as specl1lcally amended
herein, the terms and conditions of the JPA and Amendment No.1 to the JPA, which is
dated for convenience as of August 10, 1992 ("Amendment No.1"). remain in full force and
effect, except as to the extent necessary to conform to the amendments contained herein.
2. Terms,
The terms used herein, unless otherwise defined, shall have the same
meanings as in the JPA and Amendment No, 1. References herein to "Section" and
"paragraph" are to Sections and paragraphs ofthe JPA.
3_ Amendment to Section 2.8,(1),
Upon approval of this Amendment No.2 by the Members, the first sentence
of Section 2.8,(1) is amended to read as folloWS:
The Authority shall be govemed by a Commission composed of six (6)
individual members, each selVing in their Individual capacity as a Member of the
Commission.
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4. Amendments to !';er.tion 2,8,/21.
Upon approval of this Amendment No. 2 by the Parties. the first
sentence of Section 2,8,(2) is amended to read as follows:
The Commission shall consist of two (2) elected officials from the City
of 5an Bernardino and one (1 I elected official from each of the County of
San Bernardino and the Cities of Colton. Highland and Loma Linda.
Upon approval of this Amendment No. 2 by the Parties. a second
paragraph is added to Section 2.8(2) to read as follows:
Each Party with one (1) vats shall have one (1 I Member with one (1 I.
vote each, and the Party with two (21 votes shall ha,ve two (2) Members with one (1 I
vote each, provided that the Mayor of the City San Bernardino shall be appointed to
on8 (1) seat on the Commission and one (1) collncilmember from the City of San
Bernardino shall be appointed to the other one (1) remaining seat on the Commission,
Each Party other than the City of San Bernardino shall only appoint elected officials
to serve as primary or alternate representatives who are elected officials serving as
a member of the legislative body of each Party either as a council member, mayor or
an elected supervisor of the CountY, The same individuals who are appointed by their
respective legislative bodies to serve on the Commission as either a primary or
alternate representative shall also be appointed to serve in the same capacity on the
Board of the Inland Valley Development Agency.
5. Amendment to Section' C /41.
Upon approval of this Amendment No. 2 by the Parties, the first
sentence of Section 2,C,(4) is amended to read as follows:
Except under the circumstances provided in Section 11 hereof, a quorum
shall be deemed to be constituted at a Commission meeting for conducting business
of the Commission when four (4) Members are present who under California law are
legally' able to participate in such meeting and who represent at least three (3) Parties.
6. AII!horization TO Pren1lre Comoo!!l!e Agreement.
.
The appropriate personnel on behalf of the Authority are hereby
authorized and directed to prepare a composite of the JPA indicating the changes that
will take effect as a result of this Amendment No.2.
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This Amendment No.2 shall become effective as to the Parties upon
approval by the legislative bodies of each Party. Prior to the effective date of this
Amendment No.2, the JPA as amended by Amendment No. 1 ahall continue In full
force and effect. .
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment
No. 2 to be executed and attested by their proper officers theraunder duly authorized
and their official seal to be hereto affixed, on the day and year set opposite the name
of each of the Parties.
CITY OF SAN BERNARDINO, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
CitY Attorney
CITY OF COLTON, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:.
CitY Clerk
Approved as to Form:
City Attorney
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g0g3824106
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
(SEAL)
ATTEST:
Clerk of the Board of Supervisors
Approved as to Form:
County Counsel
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PAGE 0g
CITY OF LOMA LINDA, CALIFORNIA
By:
Title:
COUNTY OF SAN BERNARDINO
By:
Title:
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(SEAL)
ATTEST:
City Clerk
Approved 8S to Form:
City Attorney
(SEAL)
ATTEST:
City Clerk
Approved 8S to Form:
City Attorney
$8'''/OOO1100C/208
7/1/88 2,30 ow
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CITY OF HIGHLAND, CALIFORNIA
By:
Title:
CITY OF REDLANDS, CALIFORNIA
By:
Title:
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