HomeMy WebLinkAbout1987-004
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RESOLUTION NO. 87-4
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO AMENDED JOINT POWERS AGREEMENT
3 ESTABLISHING HIGHLAND-DELMANN HEIGHTScQUALITl-WATER ~UPPLY
AUTHORITY TO PROVIDE FOR COSTS, EXPENSES ANDStVE~NCE DAMAGES
4 WHICH MAY BE CAUSED BY ANY ABANDONMENT OF THE EMINENT DOMAIN
PROCEEDING BY EITHER PARTY TO THE AUTHORITY.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
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 First
9 Amendment to the Amended Joint Powers Agreement Establishing the
10 Highland-Delmann Heights Quality Water Supply Authority with the
11 East Valley Water District to provide for costs, expenses and
12 severance damages which may be caused by any abandonment of the
13 eminent domain proceeding by either party to the Authority, a copy
14 of which is attached hereto, marked Exhibit "A" and incorporated
15 herein by reference as fully as though set forth at length.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a
reaular
meeting thereof, held on
19 the 5th day of
20 to wit:
January
, 1987, by the following vote,
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AYES:
Council Members Reillv. Hernanrlp.7. M~rk~
Strickler
NAYS:
None
ABSENT:
Council Members Estrada Onip.l F'r~7.i"r
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/ City Clerk
/ / / / /
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1 FIRST AMENDMENT TO
AMENDED JOINT POWERS AGREEMENT
2 ESTABLISHING 1981 JAN 23 IJI, 9: 52
HIGHLAND-DELMANN HEIGHTS QUALITY WATER SUPPLY AUTHORITY
3 :.,",,;j
Ei'ST V/.,LtEY ~1d~R DlST,
4 THIS FIRST AMENDMENT TO AMENDED JOINT POWERS AGREEMENT
5 ESTABLISHING HIGHLAND-DELMANN HEIGHTS QUALITY WATER SUPPLY
6 AUTHORITY is entered into this J,I:L day of Lf)'J,ulJ
7 198-!-, between the CITY OF SAN BERNARDINO, a charter city, acting
8 by and through its BOARD OF WATER COMMISSIONERS, hereinafter
9 called "CITY", and the EAST VALLEY WATER DISTRICT, a County Water
10 District organized and existing under Division 12 of the Water
11 Code, hereinafter called "DISTRICT".
12 CITY and DISTRICT agree as follows:
13 1. Recitals.
14
A. CITY and DISTRICT entered into an Amended Joint
15 Powers Agreement Establishing Highland-Delmann Heights Quality
16 water Supply Authority on October 8, 1986.
17
B. CITY and DISTRICT desire to amend the agreement to
18 include a provision relating to costs, expenses and severance
19 damages which may be caused by any abandonment of the eminent
20 domain proceeding by either member agency of the Authority.
21 2. Amendment. Section 4 Subsection B of the Amended Joint
22 Powers Agreement Establishing Highland-De1mann Heights Quality
23 Water Supply Authority dated October 8, 1986, is amended to read:
24 "B. Duties and Authority
25 The Authority shall have only the authority set forth in this
26 amended Agreement, i.e., the power to acquire the Highland and
27 De1mann Heights Systems. Upon an order of immediate possession
28 and subsequent acquisition of the Highland and De1mann Heights
12/22/86
1 Systems, its facilities will be divided between the District and
2 the City according to the analysis and plans set forth in the
3 appraisal of Kreiger & Stewart, Inc. The City and District shall
4 share proportionately, according to the percentages of interest,
5 for (1) court costs, including witness fees, (2) appraisal fees of
6 Kreiger & stewart, Inc., (3) eminent domain legal counsel fees and
7 expenses required to negotiate or pursue the condemnation action,
8 in accordance with Section 7 of this Agreement, (4) however, in
9 the event of an abandonment by either City or District of the
10 eminent domain proceeding, for whatever reason, all costs and
11 expenses associated with the entire eminent domain proceeding shal
12 be paid by the parties on a prorata basis as provided for herein,
13 and that severance damages caused by any abandonment by either
14 party shall be paid by such abandoning party.
15 All other expenses shall be borne solely by the party
16 incurring them and no party shall have any right, except as set
17 forth in this Agreement, to incur any expenses for the other. The
18 city cannot commit the District beyond the terms of the Agreement
19 and the District cannot commit the City."
20 3. other Provisions. All other terms and conditions of the
21 Amended Joint Powers Agreement shall remain the same and be in
22 full force and effect.
23 IN WITNESS WHEREOF, the parties hereto have executed this
24 First Amendment to Amended Joint Powers Agreement Establishing
25 Highland-Delmann Heights Quality Water Supply Authority on the day
26 and year first above written.
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ATTEST:
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3 ~~
ity Clerk
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Approved as to form:
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8 ATTEST:
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11 as to form:
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13 Attor District
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15 ATTEST:
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CITY OF SAN BERNARDINO
By J$~A~ 7~/v?/
. Mayor
EAST VALLEY WATER DISTRICT
By 't!tIr;. A. AJ
- lrman of the Board
CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
17 Deputy City Cler.
Ex-Officio Secr
By TAM AA~d xl ;1--' -i.., ./ &.i/
j1 President
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