HomeMy WebLinkAbout1983-424
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RESOLUTION NO.
83-424
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH COUNTY OF SAN
3 BERNARDINO WHICH CREATED THE "AUTHORITY FOR THE HANDICAPPED OF
SAN BERNARDINO COUNTY"; AND AUTHORIZING APPOINTMENTS OF ALTERNATES
4 TO THE GOVERNING BOARD.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6
7
SECTION 1. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City a Second
9 Amendment to agreement with County of San Bernardino which created
10 the "Authority for the Handicapped of San Bernardino County" and
11 authorizing appointments of alternates to the Governing Board, a
12 copy of which is attached hereto, marked Exhibit "A" and
13 incorporated herein by reference as fully as though set forth at
14 length.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17
Bernardino at a
l"'Pglll;o'lr
meeting thereof, held on
18
the 5th
day of
December
, 1983, by the following vote,
19 to wit:
20
AYES:
Council Members
Castaneda. Reillv. Hernandez.
21
22
'JI,1~l"'k~ 011ipl 'Prriz;pr strickler
NAYS:
Nnnp
23
ABSENT:
N(")n~
26
of
December
, 1983.
A//2//:ffI~~
/' City Clerk
t7*- day
24
25
The foregoing resolution is hereby
27
. Y of San Bernardino
28
City Attorney
,
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SECOND AMENDMENT TO AGREEMENT
(Authority for the Handicapped of San Bernardino County)
This Second Amendment to Agreement is entered into as
of the 9th day of Janll"'7 ' 19J1S:., by and between the CITY
OF SAN BERNARDINO, a municipal corporation of the State of
California, hereinafter referred to as "the City", and the COUN"TY
OF SAN BERNARDINO, a body corporate and politic and a legal
subdivision of the State of California, hereinafter referred to
as "the County", and witnesseth as follows:
1." RECITALS
1.1 The City and the County have entered into an
agreement dated October 16, 1978, as amended, hereinafter
referred to as "the Agreement," creating the Authority for the
Handicapped of San Bernardino County, hereinafter referred to as
"the Authority," for the joint exercise of common powers.
1.2 Paragraph B of Section 3 of the Agreement
provides for the creation of the governing board of the Authority
and for the manner of selecting the members of said governing
board.
1.3 City and County desire to amend the Agreement
to provide for the appointment of alternates to certain principal
members of the governing board of the Authority.
2. AMENDMENT
2.1 Paragraph B of Section 3 of the Agreement is
hereby amended to read as follows:
"B. Governing Board
(1) The Authority shall be governed and administered by
a governing board of five members serving without
compensation therefore, and appointed as hereinafter
provided. The governing board shall be called the "Governing
Board of the Authority for the Handicapped of Sa~ Bernardino
County," hereinafter referred to as "the Board." Only
members of the Board may vote on matters coming before the
Board.
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(2) Each principal and alternate member appointed to
the Board shall be an elector of the County at the time of
appointment and throughout the term of the appointment.
(3) The members of the Board shall be appointed as
follows:
(a) One principal member .and one alternate member
associated therewith shall be appointed by the Board of
Supervisors of the County and shall be appointed from
amongst the elected officials of the County.
(b) One principal member and one alternate member
associated therewith shall be appointed by the Common
Council of the City and shall be appointed from amongst
the elected officials of the City.
(c) One principal member and one alternate member
associated therewith shall be appointed by the Trustees
of the San Bernardino City Unified School District and
shall be appointed from amongst the elected officials of
the School District.
(d) Two principal members shall be appointed from
the public by the three principal members appointed as
hereinabove provided.
(e) All terms of appointment shall be for a period
of four years. The terms of alternate members may be,
but are not required to be coterminous with the term of
the principal members with whom they are associated.
Both principal and altern?te members serve during the
term for which they are appointed and until their
successors are appointed and qualified. An appointment
to fill a vacancy occurring during a term shall be for
the unexpired portion of the term only.
(f) vacancies on the Board, whether scheduled ?r
unscheduled, shall be promptly filled by the same entity
or members which held the original appointing power for
the seat which has become vacant.
(g) Alternates may serve as members of the Board
only during the absence of the principal member of the
Board with whom the alternate is associated. When duly
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serving as a member of the Board, the alternate acts for
all purposes in the same capacity as would the principal
member. The word "member", when used in this Agreement,
includes the alternate member when duly acting as a
member of the Board, except that an alternate may not
hold an elective office on the Board, may not preside at
any meeting of the Board, and may not participate in the
selection of public Members pursuant to subparagraph
B(3)(d) of this Section 3."
3. EXISTING TERMS
3.1 Nothing contained in this amendment shall be
construed to affect the appointment or the term of office of any
person serving as a member of the Board when this Amendment
became effective.
4. LIMITED EFFECT.
4.1 Except as otherwise specifically provided
herein, no term or condition of the Agreement shall be deemed to
have been deleted or modified.
WHEREFORE, the parties hereto have caused this SECOND
AMENDMENT TO AGREEMENT to be executed as of the day and date
first above written.
Attest:
City Clerk: ~
By: ~.u?U7/ I1h
';' .
A~P'~to ~Q)'
Cl. ty An: '-'/1 _ _ )
By: . v '/CA:/~1./
Attest:
Clerk of the Board of
superv~' sors
By: _,_. Yn. fk>n .~'
.
Deputy
::~NTYQ;~~~
-Chairman of
the Board of Supervisors
1V~70fA-~ JAN 09 1984
.
Approved as to form:
countl/.o]nsFM:
By: ,cI..c.ui-!J- 12,n-n
Deputy
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14.9507.103
Re\!.10/81
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MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALlFORN
FROM:
~
MONDAY, JANUARY 9, 1984 (~J&~
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jl\~ ?.~ f ...",~
MARTHA M. SEKERAK Off~ ~\.~?~
CLERK OF THE BOARD ~'l1
fi)1- 1~
SECOND AMENDMENT TO AGREEMENT--AUTHORITY FOR
HANDICAPPED OF SAN BERNARDINO COUNTY
SUBJECT:
RECOMMENDATION:
Approve amendment #2 to agreement 78-708 authorizing appointment
of alternates to certain principal members of the Governing
Board of the Authority for the Handicapped of San Bernardino
County.
BACKGROUND:
On October 16, 1978, the Board of Supervisors and the City of
San Bernardino created a Joint Powers entity, Authority for the
Handicapped of San Bernardino County. The Authority's purpose
is to organize and administer an areawide handicapped center
and care system in the North Norton Block Grant target area.
It is necessary to authorize appointment of alternates to certain
principal members of the Governing Board to assure that a quorum
is present to conduct the monthly business of the Joint Power
Authority meetings.
REVIEW BY OTHER DEPARTMENTS:
This amendment has been reviewed by Ed Duddy, Deputy County
Counsel, and approved as to form. It has also been reviewed
and approved by the Governing Board of the Authority and the
City of San Bernardino in the form of Resolution 83-424.
AGREEMENT No.jR-70g.,,-"
cc:
City of San BcIno. w~.
S.B. City Unified S 1
District w/agree.
Auditor w / agree;
Auth. for Handi<:a!lPed
w/agree.
Go. Counsel-Ed Duddy
w/agree. . .
File w/agree.
Action of the Board of Supervisors
APPROVED BOARD OF SUPERVISORS
COUNTY OF SAN BER~ARD!NO
MOTION S X X M v
1 2 345
MARTHA ~ SEf(ERAK, CLERK OF THE BOARD
BY ---;tU~...,. '"}-r\ (iJn-n A. )
DATED: January 9. 1984
ITEM
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