HomeMy WebLinkAbout1991-163
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RESOLUTION NO. 91-163
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SETTING FORTH TERMS AND
CONDITIONS FOR THE MERGER OF THE SOUTH SAN BERNARDINO WATER
3 DISTRICT WITH THE CITY OF SAN BERNARDINO.
4 WHEREAS, the Board of Directors of the South San Bernardino
5 Water District has filed Resolution No. 91-1 to initiate
6 proceedings pursuant to the Cortese-Knox Local Government
7 Reorganization Act of 1985 (Government Code Sections 56000 et.
8 seq.) for the merger of the South San Bernardino Water District
9 with the City of San Bernardino; and,
10 WHEREAS, notice of the intent to adopt South San Bernardino
11 Water District Resolution No. 91-1 has been given to each
12 interested and affected agency; and,
13 WHEREAS, the public convenience and necessity require that
14 the proposed merger take place; and,
15 WHEREAS, over ninety percent of the South San Bernardino
16 Water District is within the corporate limits of the City of
17 San Bernardino; and,
18 WHEREAS, this proposed merger is necessary to provide a
19 reliable water supply for the inhabitants of the South
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20 San Bernardino Water District; and,
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WHEREAS, the territory proposed to be merged is inhabited
22 and a description of the boundaries of the territory are set
23 forth in Exhibit "A," attached hereto and incorporated herein;
24 and,
25 WHEREAS, the proposed merger is consistent with the sphere
26 of influence assigned for all affected agencies; and,
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WHEREAS, the Board of Water Commissioners of the City of
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DCR/dys/ssbwd.res
April 26, 1991
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1 San Bernardino, at their April 23, 1991, meeting, adopted
2 Resolution 424, setting forth terms and conditions for said
3 merger; and,
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WHEREAS, it is desired that the proposed merger be subject
5 to certain terms and conditions in addition to those normally
6 associated with the Local Agency Formation Commission review;
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
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Recitals hereinabove are true and correct and
SECTION 1:
10 are incorporated herein by this reference.
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SECTION 2:
The Council hereby consents to the proposed
12 merger subject to the following terms and conditions in addition
13 to those normally associated with the Local Agency Formation
14 Commission review:
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(A) That the City of San Bernardino shall be the successor
agency, under the control, management, and
jurisdiction of the Board of Water Commissioner, to
all rights, responsibilities, properties, equipment,
contracts, assets and liabilities, and functions of
the South San Bernardino Water District;
(B) All full-time employees of the South San Bernardino
Water District shall be retained, through the Board of
Water Commissioners, with their~current seniority and
accrued sick leave and vacation; every effort shall be
made to retain said employees at, or as close to,
their current rates of pay as possible; all other
employee rights and benefits shall be those available
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April 26, 1991
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to employees of the San Bernardino Municipal water
Department;
(C) Property tax revenues attributable to the South
San Bernardino Water District shall be transferred to
the City of San Bernardino and credited to the Water
Fund;
(D) All delinquent taxes and any and all other collections
or assets of the South San Bernardino Water District
shall accrue and be transferred to the City of
San Bernardino and credited to the Water Fund.
I HEREBY CERTIFY that the foregoing resolution was duly
12 adopted by the Mayor and Common Council of the City of
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regular
meeting thereof, held on the
San Bernardino at a
May
, 1991, by the following vote, to wit:
6th day of
ABSTAIN ABSENT
AYES
NAYS
Council Members:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
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x
x
x
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x
x
x
~ /fC~"r
Cit Clerk
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DCR/dys/ssbwd.res
April 26, 1991
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1 RESOLUTION...SETTING FORTH TERMS AND CONDITIONS FOR THE MERGER
OF THE SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY OF
2 SAN BERNARDINO.
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The foregoing resolution is hereby approved this
9th
day
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of
, 1991.
Mav
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8 Approved as to
form and legal content:
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JAMES F. PENMAN,
10 City Attorney
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By: j
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April 26, 1991
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Res. 91-163
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