HomeMy WebLinkAbout1992-145
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DUPLICATE ORIGINAL
RESOLUTION NO. 92-145
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
RELATING TO THE ACQUISITION OF ADDITIONAL RIGHTS-OF-WAY FOR THE
IMPROVEMENT OF FORTIETH STREET, FROM THIRD AVENUE TO ACRE LANE;
AND RESCINDING RESOLUTION NO. 91-464.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, an Agreement with the County of San Bernardino, relating to
the acquisition of additional rights-of-way for the improvement
of Fortieth Street, from Third Avenue to Acre Lane, a copy of
said agreement is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2. Resolution No. 91-464 is hereby rescinded.
SECTION 3. This agreement and any amendment or modifica-
cations thereto shall not take effect or become operative until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 4. This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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RESO: AUTHORIZING THE EXECUTION OF AGREEMENT WITH COUNTY OF SAN
BERNARDINO RELATING TO ACQUISITION OF RIGHTS-OF-WAY FOR THE
IMPROVEMENT OF FORTIETH STREET.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
20th day of April
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
(-:J J .. J1
\ ltZ~fLLC~' 1-
Rach 1 Krasney, City
The foregoing resolution is hereby
ris 24th day
/
of
, 1992.
April
/,.
/
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: L 1--- f~
U
JFP:ms[40thst.res]
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Re~
Apn.l 24. 1992
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DUPLICATE ORIGINAL
COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1991, by and between the County of San Bernardino,
a body corporate and politic of the State of California,
hereinafter referred to as "COUNTY"; the San Bernardino County
Flood Control District, a body corporate and politic of the State
of California, hereinafter referred to as "DISTRICT"; and The
City of San Bernardino, a municipal corporation of the State of
California, hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, 40th Street, between Third Avenue and Acre Lane
is in need of improvements, including widening, and installation
of traffic signals at "H" (North "E") Street, to serve current
and projected traffic needs; and
WHEREAS, approximately 39% of this section of 40th Street
is within the unincorporated area of County with 61% within the
incorporated area of City, and
WHEREAS, County and City have entered into Contract No.
91-145, on 2-25-91, relative to preparation of plans,
specifications and estimate, and right of way plats; and
WHEREAS, County and City have established an Underground
Utility District, pursuant to Rule 20-A of the Public Utilities
Commission, to accomplish the undergrounding of overhead utility
lines; and
WHEREAS, acquisition of the necessary additional right-of-
way will be required in order for the utility companies to
underground Utility District; and
JFP:ms[40thst.agm]
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April 24. 1992
Exhibit "An
/
.
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WHEREAS, County and City do mutually desire to specify the
duties and responsibilities of each agency in the acquisition of
additional right-of-way and construction of necessary improve-
ments on this section of 40th Street.
NOW, THEREFORE, BE IT MUTUALLY AGREED, AS FOLLOWS:
SECTION ONE: City Shall --
1.01 Include sufficient funds in the 1991/92 Fiscal Year
Budget to finance the cost of acquisition of rights
of way within the incorporated limits of City
(estimated to be $132,400).
Proceed to negotiate and acquire, by eminent domain
if necessary, the required additional right of way
within the incorporated limits in an expeditious
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1.02
1.03
basis.
To act as Lead Agency in securing all required
environmental review approvals.
To prepare the plans, specifications and cost
estimate for construction and submit to COUNTY in
application for a no-fee construction permit for
construction of improvement in County unincorporated
area.
1.04
SECTION TWO: County Shall --
2.01 Include sufficient funds in the 1991/92 Fiscal Year
Budget to finance the cost of acquisition of rights
of way documents, appraisal of property and acqui-
sition in an amount not to exceed $100,000.
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April 24. 1992
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2.02
Proceed to negotiate and acquire, by eminent domain
if necessary, the required additional right of way
within the unincorporated limits as funding stated
above will allow.
To issue the CITY a no-fee construction permit for
the construction of improvement in the COUNTY unin-
corporated areas.
To assist the CITY in coordinating the removal or
relocation of utilities in conflict with the pro-
posed improvements.
SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES
HERETO
2.03
2.04
3.01
That no party to the agreement nor officer nor
employees thereof shall be responsible for any
damage or liability occurring by reason of anything
done or in connection with any work, authority or
jurisdiction delegated to the parties under this
Agreement. It is also understood and agreed that
pursuant to Government Code Section 895.4 each party
shall fully indemnify and hold all other parties
harmless from any liability for injury (as defined
by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done under
or in connection with any work, authority or
jurisdiction delegated under this Agreement.
3
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April 24. 1992
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3.02 That the COUNTY and CITY will continue in their
efforts to complete necessary right-of-way
acquisition and utility relocations and to pursue
completion of improvements.
THIS AGREEMENT shall inure to the benefit of and be
binding upon the successors and assigns of the parties involved.
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COOPERATIVE AGREEMENT BETWEEN COUNTY OF SAN BERNARDINO AND CITY OF
SAN BERNARDINO RELATIVE TO IMPROVEMENTS ON FORTIETH STREET,
BETWEEN THIRD AVENUE AND ACRE LANE.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officials thereunto
duly authorized.
SIGNED AND CERTIFIED THAT A
COpy OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN
OF THE BOARD
EARLEEN SPROAT
Clerk of the Board of
Supervisors of the County
San Bernardino
COUNTY OF SAN BERNARDINO
BY:
LARRY WALKER, Chairman
Board of Supervisors
By
Deputy
CITY OF SAN BERNARDINO
ATTEST:
By:
By:
W. R. HOLCOMB, Mayor
City of San Bernardino
City Clerk
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
1/~
,1
By: C?'//)A ~
/
I
JFP:ms[40thst.agm)
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April 24. 1992
City of S Bdno Re~ .92-~45 4/20/92
DUPLICATE ORIGINAL
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COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this EL day of
October , 1991, by and between the County of San Bernardino,
a body corporate and politic of the State of California,
hereinafter referred to as "COUNTY"; the San Bernardino County
Flood Control District, a body corporate and politic of the State
of California, hereinafter referred to as "DISTRICT"; and The
City of San Bernardino, a municipal corporation of the State of
California, hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, 40th Street, between Third Avenue and Acre Lane
is in need of improvements, including widening, and installation
of traffic signals at "H" (North "E") Street, to serve current
and projected traffic needs; and
WHEREAS, approximately 39% of this section of 40th Street
is within the unincorporated area of County with 61% within the
incorporated area of City, and
WHEREAS, County and City have entered into Contract No.
91-145, on 2-25-91, relative to preparation of plans,
specifications and estimate, and right of way plats; and
WHEREAS, County and City have established an Underground
Utility District, pursuant to Rule 20-A of the Public Utilities
Commission, to accomplish the undergrounding of overhead utility
lines; and
WHEREAS, acquisition of the necessary additional right-of-
way will be required in order for the utility companies to
underground Utility District; and
JFP:ms[40thst.agm]
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April 24. 1992
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I
WHEREAS, County and City do mutually desire to specify the
duties and responsibilities of each agency in the acquisition of
additional right-of~way and construction of necessary improve-
ments on this section of 40th Street.
NOW, THEREFORE, BE IT MUTUALLY AGREED, AS FOLLOWS:
SECTION ONE: City Shall --
1.01 Include sufficient funds in the 1991/92 Fiscal Year
Budget to finance the cost of acquisition of rights
of way within the incorporated limits of City
(estimated to be $132,400).
1.02 Proceed to negotiate and acquire, by eminent domain
if necessary, the required additional right of way
within the incorporated limits in an expeditious
basis.
1.03 To act as Lead Agency in securing all required
environmental review approvals.
1.04 To prepare the plans, specifications and cost
estimate for construction and submit to COUNTY in
application for a no-fee construction permit for
construction of improvement in County unincorporated
area.
SECTION TWO: County Shall --
2.01 Include sufficient funds in the 1991/92 Fiscal Year
Budget to finance the cost of acquisition of rights
of way. documents, appraisal of property and acqui-
sition in an amount not to exceed $100,000.
/ / /
/ / /
2
April 24, 1992
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2.02 Proceed to negotiate and acquire, by eminent domain
if necessary, the required additional right of way
within the unincorporated limits as funding stated
above will allow.
2.03 To issue the CITY a no-fee construction permit for
the construction of improvement in the COUNTY unin-
corporated areas.
2.04 To assist the CITY in coordinating the removal or
relocation of utilities in conflict with the pro-
posed improvements.
SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES
HERETO
3.01
JFP:ms[40thst.agm]
That no party to the agreement nor officer nor
employees thereof shall be responsible for any
damage or liability occurring by reason of anything
done or in connection with any work, authority or
jurisdiction delegated to the parties under this
Agreement. It is also understood and agreed that
pursuant to Government Code Section 895.4 each party
shall fully indemnify and hold all other parties
harmless from any liability for injury (as defined
by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done under
or in connection with any work, authority or
jurisdiction delegated under this Agreement.
3
April 24, 1992
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3.02 That the COUNTY and CITY will continue in their
efforts to complete necessary right-of-way
acquisition and utility relocations and to pursue
completion of improvements.
THIS AGREEMENT shall inure to the benefit of and be
binding upon the successors and assigns of the parties involved.
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COOPERATIVE AGREEMENT BETWEEN COUNTY OF SAN BERNARDINO AND CITY OF
SAN BERNARDINO RELATIVE TO IMPROVEMENTS ON FORTIETH STREET,
BETWEEN THIRD AVENUE AND ACRE LANE.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officials thereunto
duly authorized.
~ THAT
'(DPptJMEr{lr",~AS
DELIVE ST:THECHAIRMAr
OF TH /,B9?\RD .
E Lji:!;:N Sl"ROAT
C erl(! of the Board
S Qeilvisors. of the,
f'!. lllernard~no
~.\ ct"~ \~:< ' "
A
BEEN
COUNTY OF SAN BERNARDINO
UJ~
\
of \
C6un~y
() ,j
.,
'I
ALKER, Chairman
of Supervisors
91-1057 OCT 07 1991
-) >.)
i.
I
By
By /~c C!cL(, U X"" 1.. rdr
Ci ty Clerk '
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
BY'!- J f~
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE: April 27, 1992
TO: Roger Hardgrave, Director of Public Works/City Engineer
FROM: Rachel Krasney, City Clerk
SUBJECT: Transmittal of fully executed duplicate originals for
forwarding to the County of San Bernardino reI
Cooperative Agreement w/San Bdno. County Flood Control
District for improvement of 40th St.
Copies:
-----------------------------------------------------------------
Attached is the following:
Two (2) Duplicate Oriqinals of the Cooperative Agreement between
the City of San Bernardino and the County of San Bernardino dated
October 7, 1991. These agreements have been executed by the
Chairman of the Board of Supervisors, as well as the Mayor, City
Attorney and City Clerk of the City of San Bernardino.
We are also providing three (3) certified copies of City of San
Bernardino Resolution No. 92-145 entitled: "Resolution of the
City of San Bernardino authorizing the execution of an agreement
with the County of San Bernardino relating to the acquisition of
additional rights-of-way for the improvement of Fortieth Street,
from Third Avenue to Acre Lane; and rescinding Resolution No. 91-
464 River."
Resolution No. 92-145 was adopted at the Council meeting held on
April 20, 1992.
I hereby
acknowledge receipt of
~Z~
'1;/277 ~
.
the above mentioned documents.
Signed:
NOTE FOR FILE: Duplicate oriqinals
of both the resolution and,agreement
were prepared by the City Attorney's
Office,and hand carried to the County
Board of Supervisors for execution.
On 4-24-92, one duplicate original typed
on legal tissue of both the resolution
and the cooperative agreement, plus
two duplicate original agreements all
executed by the County and City Attny
were brought to the City Clerks office
from the City Attny's office. The
oriqinal resolution and agreements were
kept by the City Attorney as "evidence"
for ongoing investigation.
~~
.,
f~
v
Dated:
By:
Rachel Krasney
City Clerk
RK:pga
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,
DUPLICATE ORIGINAL
RESOLUTION NO. 92-145
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
RELATING TO THE ACQUISITION OF ADDITIONAL RIGHTS-OF-WAY FOR THE
IMPROVEMENT OF FORTIETH STREET, FROM THIRD AVENUE TO ACRE LANE;
AND RESCINDING RESOLUTION NO. 91-464.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
. """,-=""",,\.n_~__~
City, an Agreement with the County of San~enrardin9' relating to
the acquisition of additional rights-of-way for the improvement
of Fortieth Street, from Third Avenue to Acre Lane, a copy of
said agreement is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2. Resolution No. 91-464 is hereby rescinded.
SECTION 3. This agreement and any amendment or modifica-
cations thereto shall not take effect or become operative until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 4. This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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