HomeMy WebLinkAbout1983-319
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RESOLUTION NO. 83-i'Q
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A THIRD AMENDMENT TO JOINT EXERCISE OF POWERS
3 GREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO WHICH GRANTS ADDITIONAL POWERS TO THE PUBLIC SAFETY
4 AUTHORITY, AND EXPANDS THE PROPERTY DESCRIPTION.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
ISAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
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8 authorized and directed to execute on behalf of said City a Third
9 Amendment to Joint Exercise of Powers Agreement between the City
10 of San Bernardino and the County of San Bernardino to effect the
11 following changes:
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1. Grants powers to carry out an expansion program for the
13 sewage treatment facility.
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2. Amends the legal description of the sewage treatment
15 facility properties.
16 A copy of the Third Amendment to Joint Exercise of Powers
17 Agreement is annexed hereto as Exhibit "I" and incorporated herein
18 by reference as fully as though set forth at length.
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held
day of September
, 1983, by the following
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on the 19th
23 vote, to wit:
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AYES:
Council Members Castaneda. Reilly, Hern~nnez
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Marks, Quiel, Frazier, Strickler
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NAYS:
None
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ABSENT:
None
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~-Unt7/~Ab
/ City Clerk
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The foregoing resolution is hereby approved this ;2~T~ day
2 of
, 1983.
Septemher
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Approved as to form:
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, &~bA~~
City A torney
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SEP 11 198t
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nO!l1JAi A
Un s U lLilt
THIRD AMENDMENT TO JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE COUNTY OF SAN BERNARDINO CREATING
THE SAN BEfu~ARDINO PUBLIC SAFETY AUTHORITY
AGREEMENT NO. fl.g? S" / J
This l\mendment,. dated for convenience as of ~. /4!!-,
1981, by and between the CITY OF SAN BERNARDINO, a municipal .
corporation of the State of California (the "City") and the
COUNTY OF SAN BERNARDINO, a body corporate and politic of the
State of California (the "County");
WIT N E SSE T H
WHEREAS, the City and the County have by a joint
exercise of powers agreement (the "AgreementU), dated as of
April 1, 1968, created the San Bernardino Public Safety Authority
(the "Authority"); and
WHEREAS, said Agreement, as amended, authorized the
Authority to exercise certain powers common to the City and the
County, inter alia, the acquisition of a site or sites for and
the acquisition, construction and financing of sanitary sewer
facilities; and
WHEREAS, the Authority and the City now propose to ~d
amend the Ground Lease (referred to in Section 7 of the Agreement) ,
by which the site for the Sewage Treatment Plant project (the
"Project") was leased by the City to the Authority, and the
financing lease (referred to in Section 11 of the Agreement), by
which the Project was subleased by the Authority to the City, to
cover certain property in addition to that property shown and
described in "Exhibit A - Sewage Treatment Plant Project,"
attached to the Agreement; and
WHEREAS, the parties hereto, to affirm the power of the
Authority to so amend said Ground Lease and said financing lease,
propose to enter into this Amendment; and
WHEREAS, the expansion of certain sewage treatment plant
facilities is required for the health, safety and benefit of the
inhabitants of the City and County; and
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WHEREAS, said facilities may be financed by the means
of assessments and fees collected from the public agencies
benefited by such expansion and deposited with the Public Safety
Authority;
NOW, THEREFORE, the City and the County, for and in
consideration of the mutual promises and agreements herein
contained do agree as follows:
Section 1. Purpose.
This Agreement is made pursuant to the provisions of Article 1, Cbapter 5, Division 7, Title 1
of tbe Government Code of the State of California (commencing with Section 6500, hereinafter called
"Act") relating to the joint exercise of powers common to public agencies, in this case being the City
and the County. Tbe City and County each possess the powers referred to in the recitals hereof. Tbe
purpose of this Agreement is to exercise such powers by: (1) acquiring a site or sites for and acquiring, '
constructing, maintaining, operating and leasing public safety buildings for the detention and incarceration
of prisoners, both adult and juvenile, of the City and County, including prisoner housing interrogation
assembly, training and subsidiary areas, together with any other buildings with facilities and appurtenances
necessary or convenient therefor as well as the construction, repair, surfacing or resurfacing of any
roads and roadways necessary or convenient to provide access to any of the facilities (said site or
sites and said buildings with said facilities and appurtenances are herein referred to as "Site" and
"Building" respectively and are collectively referred to as "Detention Facilities Project"), and (2)
acquiring a site or sites for and acquiring, constructing, maintaining, operating, and leasing sanitary
sewer facilities, including, but not limited to,j.onitary sewage treatment plant{::.nd such other sanitary
sewerage facilities as may be necessary in connection therewith (said site or sHes and said facilities are
herein referred to as "Site" and "Facilities" respectively and are collectively referred to as "Sewage
Treatment Plant Project").:.1 Such purpose will be accomplished and said co=on powers exercised in
the manner hereinafter set forth.
To acquire, hold, maintain and expend certain contributions to
the Authority by the parties to the Authority for the expansion
of the Sewage Treatment Facilities.
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Section 2. Term.
This AlITeement shall become effective as of the date hereof and shall continue in full force and
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effect until such time as all revenue bonds herein provided for and issued pursuant thereto and )he
interest thereon shall have been paid in full or adequate provision for such payment shall have been
made as set forth in the proceedings for the issuance thereof or for a period of fifty (50) years, whichever
first shall occur.
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Section 3. Authority.
A. CREATION OF AUTHORITY.
Pursuant to Section 6506 of the Act, there is hereby created a public entity to be known as
"San Bernardino Public Safety Authority" (hereinafter referred to as "Authority"), and said Authority
shall be a public entity separate and apart from the City and the County. Its debts, liabilities and
obligations do not constitute debts, liabilities or obligations of any party to tbe agreement.
B. GOVERNING BOARD.
The Authority shall be administered by a governing board of three (3) members, each serving
in their individual capacities as members of the governing board. One (1) member sball be appointed
by the City Council of City, and two (2) members shaH be appointed by the Board of Supervisors
of County. Such governing board shall be caHed thl: "Governing Board of the San Bernardino Public
Safety Authority". All voting power shall reside in the governing board. All members of the governing
board are to be electors of the County.
Members of the governing board shall serve for a four (4) year term; proyided, however, initial
appointments shall be for a staggered period to assure continuity as follows: the City Council of City
shall appoint its initial member for a two (2) year term. The Board of Supervisors of County shall
appoint one of its initial members for a two year term and the other for a four (4) year term. Tbe
initial term of all members shall be deemed to commence on March 1, 1968. Members of the board
shall serve at the pleasure of the appointing body a'nd until their respective successors are appointed
and qualilled.
C. MEETINGS OF GOVERNING BOARD,
(1) Regular Meetings.
The governing board of the Authority shall provide for its regular meetings; provided, bowever,
it shall bold at least one regular meeting each year. The date, hour and place of the holding of the
regular meetings shall be fixed by resolution of the governing board and a copy of such resolution
shall be filed with each party hereto.
(2) Ralph M, Brown Act.
AH meetings of the governing board of the Authority, including, without limitation, regular,
adjourned regular and special meetings shaH be called, noticed, held and conducted in accordance with
the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code).
(3) Minutes.
The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular
and special meetings of the governing board and shaH, as soon as possible after each meeting, cause
::z copy of the minutes to be forwarded to each member of the governing board and to the City and
to the County.
(4) Quorum.
A majority of the goveIT)ing board of the Authority shall constitute a quorum for the transaction
of business, except that less than a quorum may adjourn from time to time; provided that the affirmative
vote of at least two (2) members of the governing board shall be required for the approval of any
resolution as to which action of the governing board is required.
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D. OFFICERS.
The County shall appoint the Chairman of the governing board of the Authority for the first
year of its operation and thereafter said board shall elect its Chairman. Said governing board shall
elect a Vice-Chairman. Said governing board shall also appoint a Secretary who may, but need not,
be a'member of the governing board. The Treasurer of the Authority shall be the duly appointed and
acting Treasurer of the County serving ex officio as Treasurer of the Authority and the Auditor of the
Authority shall be the duly appointed and acting Auditor of the County serving ex officio as Auditor
. of the Authority to the extent that the duties do not cause a conflict. The attorney for the Authority
shall be either the County Counsel and/or the City Attorney as the governing board may deem
appropriate in the circumstances, or the duly authorized deputy or deputies thereof, serving ex officio
as attorney for the Authority. The County Counsel and/or City Attorney, or the designated deputy
or deputies thereof, as the case may be shall attend all meetings of the governing board, but the absence
of such attorney or attorneys shall not affect the validity of any meeting. In the event of any conflict
between the County and/or the City and the Authority, the Authority may, with the prior consent
of County and/or City, as the case may be, appoint other officers, including, without limitation, the
offices of Treasurer, Auditor and Attorney, to represent the Authority in such manner. The governing
board shall have the power, with the prior consent of County, to appoint and employ such other officers,
employees, consultants, advisors and independent contractors as it may deem necessary.
E. RULES.
The governing board of the Authority may adopt, from time to time, such rules and regulations
for the conduct of its meetings and affairs as may be required.
Section 4. Powers.
The Authority shall have the powers common to City and County set forth in Section I of this
Agreement and herein sometimes referred to as "common powers", to wit: (1) acquiring a site or
sites for acquiring, constructing, main taming, operating and leasing public safety buildings for the
detention and incarceration of prisoners, both adult and juvenile, of the City and County includm"
prisoner housing, interrogation,. assembly, training and subsidiary areas, together with any o~her build~
ings w~th facilities and appurtenances necessary or convenient therefor as well as the construction, repair,
surfacmg or resurfacing of any roads and roadways necessary or convenient to provide access to any
of the facilities, and (2) acquiring a site or sites for and acquiring, constructing, maintaining, operating
and leasing sanitary sewer facilities, including, but not limited to, sanitary sewage treatment plants and
such other sanitary sewerage facilities as may be necessary in connection therewith.. (3) to
accept, hold, manage, control, and deposit at interest, contribu..
tions of the parties to this AgreeIDBnt to be used for the
expansion of the Sewer Treatment Plant Facilities, and to benefit
those persons and public agencies to provide additional sewage
treatment capacities and increase the quality and quantity of
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sewage jiffluent released. Ifhe Authority is
hereby authorized, in its own name, to do all acts necessary for the exercise of said common powers for
I said purpose, incIuding, but not limited, to any or all of the following: to make and enter into contracts,
to employ agents and employees, to acquire, construct, manage, maintain, operate and lease any buildings,
works or improvements, to acquire, hold or dispose of property within the County of San Bernardino, to
lease the Site and Detention Facilities Project and the Site and the Sewage Treatment Plant Project,
or any part thereof, to incur debts, liabilities or obligations which do not constitute a debt, liability,
or obligation of the City or the County, and to sue and be sued in its own name. Such powers shall
be exercised in the manner provided in said Act, and, except as expressly set forth herein, subject only
to such restrictions upon the manner of exercising such powers as are imposed upon the County in
the exercise of similar powers. The Authority may also issue revenue bonds pursuant to Article 2,
Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with
Section 6540 hereinafter called "Bond Act") and any other applicable laws of the State of California,
and, without limiting the generality of the foregoing, the Authority is also authorized to incur other
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Section 5. Fiscal Year. .
For the purposes of this Agreement, the term "fiscal year" shall mean the fiscal year as established
from rime to time by the County, being, at the date of this Agreement, the period from July 1 to and
including the following June 30.
Section 6. Disposition of Assets.
At the end of the term hereof or upon the earlier termination of this Agreement as set forth in
Section 2 hereof, all property of the Authority both real and personal, relating to the Detention Facilities
Project, except for surplus money, shall automatically vest in County and shall thereafter remain the
sole property of the County and all property of the Authority both real and personal relating to the
Sewage Treatment Plant Project, except for surplus money, shall automatically vest in City and shall
thereafter remain the sole property of City and the appropriate officers of the Authority, the City
and/or the County, as the case may be, shall execute and deliver to County and/or City, as the case
may be, a quitclaim deed confirming title in County and/or City, as the case may be, for record purposes.
Any surplus money on hand at such tinie shall be returned to the City and County in proportion to the
contributions made by each. For purposes of this computation the aggregate of all moneys and property
(except the fair value of all services rendered) provided by each during the entire term shall be deemed
to constitute the contributions made by each.
SectiQD 7. Ground Lease.
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~-At such time or times as Authoritv requests
ell County shall lease to Authority, by means of
a Ground Lease or Leases, all or any part of the
property as shown and described on the attached
'Exhibit A -- Dete~tion Facilities Project' (con-
sisting of Parcels 1, 2 and 3) hereby made a part
hereof; provided however that County may reserve
such subsurface rights and surface easements as
are necessary for the purposes for which such
property is ovmed and (2) City shall lease to
Authority, by means of a Ground Lease or Leases,
all or any part of the property as shown and
described on the attached 'Exhibit A -- Sewag~
Trea tment Plant Proj ect' - (consisting of Parcels
1, 2, 3 and 4) hereby made a part hereof; pro-
vided, however, that City may reserve such sub-
surface rights and surface easements as are
necessary for the purposes for which such prop-
erty is owned. The consideration for each such
lease shall be $1.00.-
"Exhibit A - Sewage Treatment Plan-t Project" (consisting of Pm-cels 1 and 2) hereby made a part
hereof; provided, however, that City may reserve such subsurface rights and surface easements as are
necessary for the pmppses for which such property is owned. The consideration for each such lease
shall be $ 1.00.
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Section 8. Construction of project.
County shall prepare or cause to be prepared, schematic plans, preliminary plans and specifications
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for the Detention Facilities Project to be located on the property described in Exhibit A - Detention
Facilities Project. Copies of all such plans and specifications shall be filed with City and Authority.' Said
plans and specifications may provide for construction in stages or appropriate phases if desired by County
provided that such con~truction is consistent with the contracts referred to in Section 9 hereof. .
County, as agent for Authority shall contract for the construction of the Detention Facilities Project
and carry such construction through to completion. Authority shall payor reimburse County, as the case
may be, for costs incurred and payments made by County in connection with the Detention Facilities Proj-
ect. County, as agent for Authority, shall let the construction contract or contracts by competitive bidding.
Such construction contracts shall be let and administered and the work shall be performed in accordance
with the applicable standards in substantially the same manner and upon the same conditions as are
normally followed by County in constructing its own buildings, provided that in no event shall such
contract or contracts conflict with applicable laws similarly applying to County in such areas. Should the
Authority appoint a trustee pursuant to the Resolution for the issuance of bonds of the Authority, said
trustee shall administer the construction funds in accordance with the applicable procedures set forth
in said Resolution approved by County. Such procedure shall provide, in substance, that County shall be
paid on demand such amounts as it requires to meet construction payments a reasonable time prior
to the time when such payments are due, upon such demand forms as County shall establish.
/' City shall prepare or cause to be prepared plans and specifications for the Sewage Treatment Plant
. Project to be located on the property described in Exhibit A - Sewage Treatment Plant. Copies of all
such plans and specifications shall be filed with County and Authority. Said plans and specifications
may provide for construction in stages or appropriate phases if desired by City, provided that such
construction is consistent with the judgments and agreements referred to in the recitals hereof.
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City, as agent for A uthority, shall contract for the construction of the Sewage Treatment Plant
Project and carry such construction through to completion. Authority shall pay or reimburse City,
as the case may be, for costs incurred and payments made by City in connection with the Sewage
Treatment Plant Project. City, as agent for Authority, shall let the construction contract or contracts by
competitive bidding. Such construction contracts shall be let and administered and the work shall be
performed in accordance with applicable standards in substantially the same manner and upon the
same conditions as are normally followed by City in its construction, provided that in no event shall such
contract or contracts conflict with applicable laws similarly applying to County in such areas. Should
the Authority appoint a trustee pursuant to the Resolution for the issuance of bonds of the Authority,
said trustee shall administer the construction funds in accordance with the applicable procedures set
forth in said Resolution approved by City. Such procedure shall provide, in substance, that City shall
be paid on demand such amounts as it requires to meet construction payments a reasonable time prior
to the time when such payments are due, upon such demand forms as City shall establish.
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Section 9. Operation of Facilities.
It is intended by the City and the County that the occupancy of the Detention Facilities for both
juveniles and adults will be primarily used for County public safety purposes. The C'J.y does not presently
own or operate any public safety facilit;es and thus will make substantial use of significant portions of
both the adult and juvenile public safety facilities. .
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The County will opcrate the Detention Facilities. In furthcrance of such operation, City and County
have, by contract, provided in ccrtain working agreements arrangements which will allow the City to avail
itself of the prisoner housing, interrogation, assembly, rraining, and subsidiary areas and related facilities.
These working agrecments provide for the City to contract from the County on a usage basis for the
aforementioned Detention Facilities. Through this arrangement, vital City and County needs for additional
public safety facilities will be served.
In addition, other economies can be effected by following such joint use concept in the use of other
public safety facilities which are intended to be built by other cities and County in the future.
City shall operate and maintain the Sewage Treatment Plant Facilities at its own cost and expense,
receiving contributions from other public agencies for the treatment and discharge of their sewage, as
set forth in the agreements referred to in the recitals hereof or as said agreements may be amended
from time to time.
Section 10. Revenue Bonds.
The Authority shall issue revenue bonds in accordance with the provisions of Article 2, Chapter
5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section
6540) for the purpose of exercising its powers and raising funds necessary to carry out its obligations
under this Agreement. Said bonds may, at tbe discretion of Authority, be issued in series.
The services of bond counsel, financing consultants and other consultants and advisors working
on the particular project involved and/or its financing sball be used by the Authority. The fees and
expenses of such counsel, consultants and advisors sball be paid from the proceeds of the revenue bonds
and County and/or City, as the case may be, sball be reimbursed from such proceeds for any portion
of such fees and expenses which it has paid prior to the issuance of such revenue bonds.
SccHon 11. Lease and Operation by the County andf or City.
The Authority established hereunder sball lease the Detention Facilities Project by means of a
financing lease (or if construction is phased, by means of financing leases), to tbe County for a tcrm
or terms which sball end no later than the same time as this Agreement. Such lease or leases shall not
result in a merger of the interest of the Autbority under the Ground Lease (or leases, as the case may be)
so long as any obligations of the Authority secured by the bonds are outstanding. County shall pay rental
iil any lease or leases in an amount which, together with other payments, if any, will be not less than the
amount required by the Authority each year to discharge all of its debts and obligations, including, \\ithout
limitation, payment of principal of, and interest on, its revenue bonds. The County shall, on bcbalf
of tbe Authority, operate and maintain, at its own cost and expense, the Detention Facilities Project either
acting on its own behalf or through any other public or private person, firm, partnership or entity in
such manner as shall comply with any covenants which tbe Authority makes in the proceedings for the
issuance of its revenue bonds.
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The Authority established hereunder shall lease the Sewage Treatment Plant Project by means of a
financing lease (or if construction is phased, by means of financing leases) to the City for a term or
terms which shall end no later than the same time as this Agreement. Such lease or leases shall not
result in a merger of the interest of the A uthority under the Ground Lease (or leases, as the case n,by
be) so long as any obligations of the Authority secured by the bonds are outstanding. City shall pay
rental in any lease or leases in an amount which, together with other payments, if any, will be not less
than the amount required by the Authority each year to discharge all of its debts and obligations,
including, without limitation, payment of principal of, and interest on, ,its revenue bonds. The City
shall, on behalf of the Authority, operate and maintain, at its own cost and expense, the Sewage
Treali;lent Plant Project either acting on its own behalf or through any other pliblic or private person,
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firm, partnership or entity in such manner as shall comply with any covenants which the Authority makes
in the proceedings for the issuance of its revenue bonds.
The County and/or City may in the appropriate circumstances when required hereunder: (a) make
contributions from their Treasuries for the purposes .set forth herein, -{b) make payments of public
funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such
advances to be repaid as provided herein, or (d) use their personnel, equipment or property in lieu of
other contributions or advances. The provisions of Government Code 6513 are hereby incorporated into
this Agreement. (
Section 12. Accounts and ncports.
To the extent not covered by the duties assigned to the Trustee, the Auditor of Authority shall
establish and maintain such funds, procedures and accounts as may be required by good accounting
practice or by any provision of any Resolution for the issuance of bonds of the Authority. The books
and records of the Authority in the hands of the Trustee or the Auditor shall be open to inspection
at all reasonable times by representatives of the City and the County. The Auditor of Authority, within
120 days after the close of each fiscal year, shall give a complete written report of all financial activities
for such fiscal year to the City and to the County to the extent such activities are not covered by the
report of the Trustee. The Auditor of the Authority shall make an annual audit of the records and
accounts of the Authority. The Trustee appointed under any Resolution for the issuance of bonds of
the Authority shall establish suitable funds, furnish financial reports and provide suitable accounting
procedures to carry out the provisions of said Resolution. Said Trustee may be given such duties in
said Resolution as may be desirable to carry out this Agreement. All such audits and written reports
shall comply with the provisions of Section 6505 of the Government Code.
Section 13. Funds.
The Treasurer of A uthority shall have custody of A uthority property and disburse Authority
funds pursuant to the accounting procedures developed in accordance with the provisions of Section ]2;
provided that the provisions of any resolution of Authority authorizing the issuance of revenue bonds
shall control regarding the custody and disbursement of the proceeds of any revenue bonds issued
pursuant thereto or any revenue pledged to the payment of such bonds.
Additionally, the Treasurer of Authority shall assume the duties (to the extent not covered by
the duties assigned to any trustee) described in Califomia Government Code Section 6505.5, to wit:
(a) Receive. and receipt for all money of A uthority and place it in the County treasury to
the credit of Authority;
(b) Be responsible upon his official bond for safekeeping and disbursement of all Authority
money so held by him;
(c) Pay, when due, out of moneys of A uthority so held by him, all sums payable on out-
standing bonds and coupons of Authority;
(d) Pay any other sums due from Authority, from Authority money, only upon warrants
of the A uditor of Authority;
(e) Verify and report in wntmg on the first day of July, October, January, and April of
each year to Authority and to City and County the amount of money he holds for Authority, the
amount of receipts since his last report, and the amount paid out since his last report.
(f) To hold, manage and control the special fund of
contributions of the parties to this Agreement to the ~uthority
to be used for the expansion of the Sewage Treatment Plant
Facilities.
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Subject to the applicable provisions of any indenture or financing agreement, which may provide for
a trustee to receive, have custody of and disburse Authority funds, the Treasurer of Authority shall have
the custody of and disburse Authority funds pursuant to the accounting procedures developed in
accordance with the provisions of Section 12 hereof and as nearly as possible in accordance with normal
County procedures.
The public officers (namely, the Auditor and Treasurer of the Authority) herein designated as
the persons responsible for any moneys of Authority are hereby also designated as responsible for all
other property of A uthority and each of said officers shall file an official bond in an amount to be fixed
by the parties.
The A uditor of the A uthority shall draw warrants to pay demands against the A uthority when the
demands have been approved by any person authorized to so approve in accordance with the accounting
provisions developed in accordance with the provisions of Section 12 hereof.
The Board of Supervisors of the County shall determine charges to be madedagainst the Authority
for the services of the County officers serving ex-officio as officers of the A uthority,i
Section 14. Notices.
Notices hereunder shall be sLifficient if delivered to:
City - City Clerk, City of San Bernardino.
County - Clerk of the Board of Supervisors, County Administration Building, San Bernardino.
Authority - Secretary - At such Address as Authority shall designate for such propose.
Section 15. 1\1isceU:meous.
Tbe section headings herein are for convenience only and are not to be construed as modifying
or governing the language in the section referred to.
Whenever in this Agreement any consent or approval is required, the same shall not be un-
reasonably withheld.
This Agreement is made in the State of California, under the Constitution and laws of such State
and is to be so construed.
To preserve a reasonable degree of flexibility, many parts of this Agreement are stated in gcneral
terms. It is understood that there will be operating memoranda executed and amended from time to
time which will further define the rights and obligations of the parties.
Section 16. Partial Invalidity.
If anyone or more of the terms, provisions, promises, covenants or <:onditions of this Agreement
sball to any extent be adjudged invalid, uncnforceable, void or voidable for any reason whatsoever
by a court of competent jurisdiction each and all of the remaining terms, provisions, promises, covenants
and conditions of this Agrecmcnt shall not be affected thcreby, and shall be valid and enforceable to
the fullest extent permitted by law.,
"
Section 17. Successors.
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties.
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e
IN WITNESS WHEREOF, the parties hereto have caused this
Joint Exercise of Powers Agreement Amendment to be executed and
attested by their proper officers thereunto duly authorized, and
their official seals to be hereto affixed, as of the day and year
first above written:
Attest:
B
~t?hl2tV~
/ City Clerk
(Seal)
By
)
o the
Supervisors
SEP 1 4 1981
Attest:
, ~r":'
.~
PJPg'JVEO AS TO fORM
Df\\,,: __S~P 11 '981
~~.._.L
Depu~\ Clerk of the. ?
Board of Supervlsors
(Seal)
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I HEREBY ,APPROVE the form and legality of the foregoing
Joint Exercise of Powers Agreement Amendment this day
of , 19
County Counsel
County of San Bernardino
By
I HEREBY APPROVE the form and legality of the foregoing
Exercise of Powers Agreement Amendment this I~ day of
Joint
4~' Ifl 1
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, 193/.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Ci ty Attorney
City of San Bernardino
By
~/~~~
)
) ss.
)
On this Z 2- day of S .zpiJl vY\ hi' r , in the year
19?J, before me, the undersigned, a Notary Public, State of
California, duly commissioned and sworn, personally appeared
Lv .~. No I (\(;(\1\ ~ ' known to me to be the I-~ayor, and
.c)r--.r.u 1'\0..... Q..O\\.t;-lL- , known to me to be the City Clerk,
respectively, of the City of San Bernardino, a municipal corporatio
of the State 'of California, that executed the wi thin ins trument,
and known to me to be the persons who executed the within instru-
ment on behalf of said municipal corporation therein named, and
acknowledged to me that such municipal corporation executed the
within instrument pursuant to a resolution of the Mayor and
Cornmon Council of said City.
IN WITNESS WHEREOF, I have
name and affixed my official seal on
certificate first above written.
hereunto subscribed my
the day and year in this
)
I {OFFICIAL SEALI
. SANDRA A. LOWDER
I ' NorARY puallc l;AlIfORNIA
I SAN BERNARDINO COUNTY
S~~!1~~Si~n .E~~~~~. ~9~57'i
~'---,'- AAA- C. ;d,-<-,-,~
Notary .Public
State of California
. .
,
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STATE OF CALIFORNIA
}
)ss.
}
COUNTY OF SAN BERNARDINO
of <;;~p.l1p;e ,19Y/, before
me, . , a Notary Public, State of
C~ifornia, du y commissioned and sworn, personally appeared
/:;:JJ.I3&.I!f f.. I /lJl#l/lldCK ,known to me to be the Chairman, ffi'l"d-
ro~pBotivoly, of the Board of Supervisors of the County of San
Bernardino, a political subdivision of the State of California
that executed the within instrument on behalf of such political
subdivision therein named and acknowledged to me that such
political subdivision executed the within instrument pursuant to
a resolution of its governing board.
IN WITNESS WHEREOF, I have hereunto subscribed my name
my official seal on the day and year in this certifi-
ove written.
[OFFICIAL SEAL)
MARTHA M. SEKERAK
NOTARY PUBLIC. CALIFORNIA
SAN BERNARDINO COUNTY
My Commission Expires NOli. 27. 1984
~
Nota P hc
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EXHIBIT "A"
SEWAGE TREATMENT PLANT PROJECT
PARCEL NO.1
All that portion of Lots 23 and 14 in Block 54 of Rancho San
Bernardino, as per plat recorded in Book 7 of Maps, at Page 2,
records of San Bernardino County, as follows:
Beginning at a point in the east line of said Lot 23, which
is two hundred feet (200') south of the northeast corner of said
Lot 23;
Thence south along the east line of said Lots 23 and 14, to
a point which is three hundred sixty feet (360') north of the
southeast corner of said Lot 14;
Thence southwesterly in a straight line to a point on the
south line of said Lot 14, which is seven hundred eighty feet
(780') west of the southeast corner of said Lot 14;
Thence westerly along the south line of said Lot 14 to a
point which is eight hundred feet (800') east of the east line
of "E" Street, 82.5 feet wide, as conveyed by the deed from the
City of Riverside to the County of San Bernardino, which was
recorded May 23, 1924, in Book 845, at page 268 of Deeds;
Thence north along a line parallel with and eight hundred
feet (800') east of the east line of "E" Street to a point which
is fifty feet (50') south of the north line of said Lot 23;
: : : : : :
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Thence east along a line parallel with and fifty feet (50')
south of the north line of said Lot 23, to a point which is two
hundred feet (200') .lest of the east line of said Lot 23;
- -
Thence south one hundred fifty feet (150') along a line
parallel with and tvlO hundred feet (200') west of the east line
of said lot 23;
Thence east along a line parallel with and two hundred feet
(200') south of the north line of said Lot 23 to the point of
beginning.
PARCEL NO. 2
That portion of the West 1/3 of Lots 13 and 24, Block 54,
Rancho San Bernardino, as per plat recorded in Book 7 of Maps,
page 2, records of said County, described as follows:
Beginning at the Northwest corner of Lot 24 of said Block 54;
thence South 890 36' 13.5" East along the North line of said Lot 24,
293.58 feet; thence South 00 20' 14" ~']est 1164.07 feet to the
beginning of a curve concave to the Northwest and having a radius
of 1,000 feet; thence Southwesterly along said curve to a point
in the West line of Lot 13 of said Block 54; thence North 00 01' 11'
West along the West line of Lots 13 and 24 to the point of
beginning.
EXCEPTING from the above Parcels No. 1 and 2 the following
described property.
1. That portion thereof as conveyed to the City of Riverside by
Deed recorded November 22, 1913 in Book 541, page 309 of Deeds,
records of said County.
2. That portion thereof as conveyed to the State of California
by Deed recorded October 17, 1956 in Book 4065, page 513, Official
Records of said County.
3. That portion thereof as contained in the Final Order of Con-
demnation recorded April 9, 1964 in Book 6125, page 436, Official
Records of said County.
4. That portion thereof described as follows:
Commencing at the point of intersection of the North line
of said Lot 23 and the East line of South "E" Street, 82.50 feet
wide; thence East along the North line of said Lot 23, a distance
of 1334.61 feet; thence South and parallel with the East line
of South "E" Street, a distance of 57.80 feet to the True Point
of Beginning; thence continuina South and parallel with said East
. ."
l~ne of South "E" Street, a d~stance of 200.00 feet; thence West
at right angles, a distance of 234.81 feet; thence North 290 58' DO'
West a distance of 230.86 feet to a point in a line which is 57.80
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feet South of the North line of said Lot 23, and which is West
at right angles, a distance of 350.00 feet from the True Point of
Beginning; thence East along said ~ine, a distance of 350.00 feet
to the True Point of Beginning.
5. That portion thereof described as follows:
Commencing at a point in the North line of said Lot 23 which
point is 800.00 feet East of the East line of "E" Street, 82.50 fee
wide as conveyed to the County of San Bernardino by deed recorded
May 23, 1924 in Book 845, page 268 of Deeds, records of said
County; thence South along a line which is parallel with and 800.00
feet East of the East line of said "E" Street, a distance of
60.00 feet to the True Point of Beginning: thence East and parallel
with the North line of said Lot 23, a distance of 125.00 feet:
thence South and parallel with the East line of said "E" Street,
a distance of 290.00 feet: thence East and parallel with the North
line of said Lot 23, a distance of 26.00 feet: thence South and
parallel with the East line of said "E" Street, a distance of
87.00 feet: thence West and parallel with the North line of said
Lot 23, a distance of 151.00 feet to said parallel line which is
800.00 feet East of the East line of said "EI' Street: thence North
along said parallel line a distance of 377.00 feet to the True
Point of Beginning.
32
6. That portion thereof described as follows:
Beginning at a point in a line which is parallel with and
800.00 feet East of the East line of "E" Street as conveyed to
the County of San Bernardino by Deed recorded May 23, 1924 in
Book 845, page 268 of Deeds, records of said County, which point
is South thereon a distance of 878.00 feet from the North line
of said Lot 23; thence East and parallel with the North line of
said Lot 23, a distance of 566.00 feet: thence South and parallel
with said East line of "E" Street, a distance of 129.00 feet:
thence West ar'i parallel with the NortL'l line of said Lot 23:
a distance of 90.00 feet; thence South and parallel with the said
East line of "E" Street, a distance of 349.00 feet; thence East
and parallel with the North line of said Lot 23, a distance of
90.00 feet; thence South and parallel with the said East line of
"E" Street, a distance of 559.00 feet; thence East and parallel
with the North line of said Lot 23, to the Northwesterly line
of Parcel No. 103 as contained in the Final Order of Condemnation
recorded April 9, 1964 in Book 6125, page 436 Official Records
of said County: thence South\^lesterly along the Northerly boundary
lines of Parcels No. 103, 141 and 142 of said Final Order of
Condemnation and along the Northerly line of Parcel No. 143 as
contained in the Final Order of Condemnation recorded April 1, 1964
in Book 6120, page 185, Official Records of said County: to the
South line of said Lot 14: thence West along the South line of
said Lot 14 to a point in said line which is parallel with and
800.00 feet East of the East line of said "E" Street.; thence
North along said parallel line to the point of beginning.
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PARCEL' NO'.' '3
An easement for sewer purposes generally located in the
Southeast Industrial Park area, whicQ easement was granted to the
City of San Bernardino by various documents recorded in 1976,
which easement is described in its entirety as follows:
An interceptor sewer which varies in diameter from 21 inches
to 24 inches and begins at the centerline of Waterman Avenue near
Dumas Street and proceeds Easterly to Tippecanoe Ave. in sewer
easements granted to the City of San Bernardino by various documen
recorded in 1976 and which easements are described in the entirety
as follows:
STRIP NO.1
A strip of land 15.00 feet wide lying partially within lots
10, 11 and 12, Block 72, Rancho San Bernardino as per plat
recorded in Book 7 of Maps, page 2, records of the County Recorder
of said County, said strip being a varying widths on each side of
a line whicQ is described as follows:
Commencing at the intersection of the centerline of Waterman
Avenue (82.50 feet wide) and the South line of Dumas Street (20.00
feet wide) as said streets are delineated on the map of Tract
No. 1995 as per plat elereof recorded in Book 29 of Maps, page 13,
records of the County Recorder of said County; thence South along
said centerline of ~rlaterman Avenue, a distance of 11.00 feet;.
thence North 890 25' 39 n East, a distance of 41.25 feet to the'
East line of said Waterman Avenue, and the True Point of Beginning;
thence continuing North 890 25' 39" East, a distance of 18.75 feet;
thence North 470 44' 19" East, a distance of 74.34 feet to a point
in a line which is parallel with and 12.50 feet Northeasterly of
and measured at right angles to the Northeasterly line of the
50.00 foot wide right-of-way conveyed to the Atchison, Topeka
and Santa Fe Railroad Company who acquired title as California
Central Railway Company by deed recorded August 26, 1887, Book 59
of Deeds, pages 555 and 556, records of the County Recorder of
said County, said point being hereinafter referred to as Point" A" ,
thence South 640 DO' 50" east, along said parallel line a distance
of 1338.46 feet to the beginning of a tangent curve concave
Northerly and having a Radius of 800 feet; thence leaving said
parallel line, Easterly along said curve through a central angle
of 260 06' 40", a distance of 364.58 feet; thence North 890 52' 30"
East, a distance of 144.03 feet, to Point "B"; thence South
060 14' 00" East, a distance of 141.88 feet; to a point in a
line which is parallel with and 12.50 feet Northeasterly of an
measured at right angles to the Northeasterly line of said
Railroad Company's 100.00 foot right-Of-way, as conveyed by
document recorded October 18, 1898 in Book 258 of Deeds, page 226
records of the County Recorder of said County; thence South 640 DO'
50" East, along said parallel line a distance of 934.00 feet to
Point "C"; thence leaving said parallel line South 700 41' 32" East
a distance of 385.70 feet; thence South 780 13' 00" East a
distance of 385.97 feet; thence South 850 06' 56" East, a distance
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of 392.38 feet to a point in a line which is parallel with and
5.00 feet North of and measured at right angles to the Nor~h line
of said A.T. & S.F. Railroad Compal\Y's 100.00 _foot right-of--way,
said point hereinafter referred to as Point "D"; thence North
890 47' 57", East, along said parallel line, a distance of 631.73
feet, to a point in a line which is 10.00 feet Easterly of and
measured at right angles to the most Westerly line of the land
conveyed to the San Bernardino Industrial Park, Inc., as Parcel
No.2 in the document recorded September 3, 1969 in Bock 7267,
Page 278, Official Records of said County, said point hereinafter
referred to as Point "E"; thence North 200 27' 52" East to a point
in a line which is parallel with and 7.50 feet South of and measure
at right angeles to the westerly prolongation of the North line of
Parcel No.1 of Parcel Map 2927 as per plat thereof recorded in
Book 26 of Parcel Maps, page 39 records of said County Recorder,
said point hereinafter referred to as point "F"; thence East along
said parallel line to its intersection with the centerline of
Tippecanoe Avenue, and the Point of Termination.
STRIP NO. 2
A strip of land 15.00 feet wide lying 7.50 feet on each side
of the following described line:
Beginning at Point "C" hereinabove described; thence South
000 27' 38" East, a distance of 1090.00 feet to the Point of
Termination.
Basis of bearing for the above described line is the center-
line of Waterman Avenue, South of Pioneer Street, delineated as
North 000 26' 54" West on the Division of Highways Map 910513 on
file in the District 8 Office of the California Department of
Transportation.
The width of the easement herein granted as Strip No. 1 shall
be as follows:
Between the Point of Beginning and Point "A", it shall be
7.50 feet on each side of the above described line;
Bet\veen Point "A and Point "B", it shall be 2.50 feet North
of and 12.50 feet South of the abo'ie described line; between
Point "B" and Point "D", it shall be 7.50 feet on each side of
the above described line;
Between Point "D" and Point "E", it shall be 10.00 feet
Northerly of and 5.00 feet Southerly of the above described line;
Between Point "E" and Point "F", it shall be 10.00 feet
Westerly of and 5.00 feet Easterly of the above described line;
Bet\veen Point "F" and the Point of Termination, it shall be
7.50 feet Northerly of and 7.50 feet Southerly of the above
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described line; the line then continues and runs North in
Tippecanoe Avenue at a diameter of 21 inches, as said street was
dedicated on the Map of Tract 2038 as per plat thereof recorded
in Book 29 of Maps, pages 51 and 52, records of the County
Recorder of the County of San Bernardino, State of California,
and located 18.5 feet "liest of the centerline of said street,
to a point which is 5 feet South of the centerline of San
Bernardino Avenue; thence the line runs East at a diameter of
18 inches in San Bernardino Avenue as dedicated on the map of
said Tract 2038, and located 5 feet South of the centerline of
said street to its termination at Richardson Avenue.
PARCEL NO. 4
An easement for sewer purposes generally located in Mill Stree
and Arrowhead Avenue and running to the Wastewater Treatment Plant
and described as follows:
Beginning at the centerline of "E" Street, a 36 inch inter-
ceptor line lying 10 feet South of the centerline of Mill Street
extends East in Mill Street as dedicated on the Map of the Rancho
San Bernardino as per plat thereof recorded in Book 7 of Maps,
page 2, records of the County Recorder of San Bernardino County,
State of California, to a point approximately 60 feet West of the
"liest line of Mayfield Avenue; thence the line continues Easterly
at a diameter of 45 inches and located 10 feet South of the center-
line of said Mill Street to a point approximately 15 feet West of
b~e centerline of Arrowhead Avenue; thence the line bears Southerly
at a diameter of 54 inches and located approximately 15 feet West
of the centerline of Arrowhead Avenue as dedicated on the Map of
said Rancho San Bernardino, to the centerline of Central Avenue;
thence the line continues Southerly and 15 feet West of the center-
line of Arrowhead Avenue as dedicated to the County of San
Bernardino by various documents and which became a City street by
virtue of its annexation to the City of San Bernardino by four
separate annexations during the period of 1955 through 1966, to a
point which is 10 feet North of the centerline of Orange Show Road
as conveyed to the City of San Bernardino by document number 515,
recorded June 11, 1970, in Book 7459, page 651, Official Records
of said County; the 54 inch line then runs East in Orange Show
Road and 10 feet North of the centerline thereof a distance of
100 feet more or less to the Easterly termination of said Orange
Show Road; the 54 inch line then runs Easterly and Southerly to
the Wastewater Treatment Plant property in a sewer facilities ease-
ment granted to the City of San Bernardino by document number 455,
recorded August 1, 1969, in Book 7278, page 981, Official Records
of said County and which is described as follows:
That portion of Lot 45, Block 54, Rancho San Bernardino as per
plat thereof recorded in Book 7 of Maps, page 2, records of the
County Recorder of said County and being a strip of land 20.00 feet
wide and being 10.00 feet on each side of the following described
centerline:
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Beginning at a point on the East line of Arrowhead Avenue
said point is 60.05 feet North of a point which is 8.75 feet South
of the intersection of said East line of Arrowhead Avenue and
the South line of Cline Street as said Streets are described in
the Deed to the County of San Bernardino, recorded June 18, 1954,
in Book 3404, page 481, Official Records of said County, thence
North 890 16' 30" East, a distance of 118.76 feet along a line /
which is parallel with and 10.00 feet North of and measured at rig t
angles to the North line of the property conveyed to Abraham
Gottfried, et ux by Deed No. 411, recorded October 31, 1962, in
Book 5794, page 223, Official Records of said County; thence South
00 10' 30" West "along a line which is parallel with and 10.00 feet
East of and measured at right angles from the East line of said
Gottfried property and the Southerly prolongation thereof, a
distance of 742.00 feet, more or less, to the South line of said
Lot 45 and the Point of Termination.
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