HomeMy WebLinkAbout16-City Administrator
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CITY OF SAN BI!RNOIDINO - RI!QUI!ST lOR COUNCIL ACTION
From: JAMES E. ROBBINS
Subject: Termination of 5 Cities
Eonomic Development Authority
~: CITY ADMINISTRATOR
DlIt8: 3-1-89
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Synopsis of Pnlvious Council ection:
10-4-78
Resolution No. 13457 approved authorizing execution of
JPA for implementation of 5 Cities Economic Development
Authority.
Recommended motion:
Adopt .Reso1ution.
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Signature
Contact person: JAMES E. ROBBINS
Supporting data attached: YES
Phone: 5122
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriDtionl
Finance:
Council Notal:
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Agenda Item No
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CITY OF SAN BERNJiDlNO - RI:QUlEST F~ COUNCIL ACTION
STAFF REPORT
On October 4, 1978, the city by action of the Mayor and
Common Council entered into a Joint Powers Agreement with the
cities of Fontana, Rialto, Colton and Redlands to create the
Five City Economic Development Authority. We have been
notified that agreement exists between the five members that
the purpose for entering into the agreement has been
fulfilled and there is mutual intent and desire to terminate
agreement and dissolve the Authority. (Attachment B).
The proposed resolution is the mechanism for terminating the
agreement and dissolving the AuthQrity. It provides for the
disposition of assets in accordance with the terms of the
Agreement establishing the Authority. An money or real or
personal property shall be returned to the respective party
in the same proportion as provided to the Authority by the
city. It is anticipated that the City will ,receive no refund.
In that there
terminate and
you adopt the
is concurrence
dissolve, it is
resolution.
by all involved cities to
respectfully recommended that
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO APPROVING THE AGREEMENT FOR TERMINATION OF JOINT
POWERS AGREEMENT.
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WHEREAS, on October 24, 1978 the City entered into a Joint
Powers Agreement creating the Five City Economic Development
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Authority; and
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WHEREAS, the purpose of that Joint Powers Agreement has
been fulfilled and the parties wish to terminate the Agreement
and to dissolve the Five City Economic Development Authority.
NOW THEREFORE, BE IT RESOLVED, by the Mayor and Common
Council of the City of San Bernardino that the Agreement for
Termination of Joint Powers Agreement attached hereto as Exhibit
"A" is hereby approved and adopted and the Mayor is authorized to.
execute the Agreement on behalf of the City.
ADOPTED this
day of
. 1989.
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EVLYN WILCOX, Mayor
19 City of San Bernardino
20 ATTEST:
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22 City Clerk,
City of Bernardino
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24 Approved as to form
and legal content:
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JAMES F. PENMAN
26 City Attorney
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By:
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AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT
This Agreement is entered into this ___ day of
, 1989, by and between the City of Fontana, the
City of Rialto, the City of Colton, the City of
San Bernardino, and the City of Redlands (hereinafter "the
parties") .
RECITALS
1. On October 4, 1978, pursuant to Title 1, Divi-
sion 7, Chapter 5 (commencing with Section 6500) of the
Government Code of the State of California, the parties
entered into a Joint Powers Agreement for Implementation of
Economic Development Action Program (hereinafter the "Joint
Powers. Agreement" or "Agreement"). The purpose of the
Agreement was to provide a united, coordinated, orderly,
positive and effective means for implementing and carrying
into execution an economic development action plan and
strategy for the general benefit of the parties.
2. Article III, Section 3.01 of the Joint Powers
Agreement created a public entity to be known as the "Five
City Economic Development Authority" (herein called
"Authority"). The Authority was to be responsible for
administering the Joint Powers Agreement.
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3. Article IX, Section 9.01 of the Joint Powers
Agreement states that the agreement may be terminated upon
the agreement of all of the parties.
4. The parties recognize the fact that the
purpose of the Joint Powers Agreement was to coordinate
efforts in order to solve economic problems in their areas
that could not be adequately met by individual public
agencies acting alone. The parties also recognize that the
purpose of the Joint Powers Agreement has been fulfilled and
therefore wish to terminate the Agreement and to dissolve
the Five City Economic Development Authority.
NOW THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Recitals. The above recitals are true and
correct.
2. Termination of Agreement. The Joint Powers
Agreement creating the Five City Economic Development
Authority is hereby terminated.
3. Disposition of Assets. In accordance with
Article IX, Section 9.02 of the Joint Powers Agreement, any
surplus money of the Authority shall be returned to the
respective parties in the same proportion that the total of
all amounts paid by each party pursuant to Article VII of
the Agreement bears to the total of such amounts paid by all
the parties.
All property of the Authority, both real and
personal, shall be divided among the parties in the same
proportion.
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4. Filing of Dissolution. As soon as the assets
of the Authority have been distributed in conformity with
this Agreement, the Secretary of the Authority shall cause
an executed copy of this Agreement to be filed with the
Secretary of State of the State of California, and to do,all
things necessary or convenient to effect the dissolution of
the Authority.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed and attested by their proper
offices thereunto duly authorized and their official seals
to be hereto affixed.
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ATTEST: CITY OF FONTANA
City Clerk By:
(Seal)
ATTEST: CITY OF RIALTO
City Clerk By:
(Seal)
ATTEST: CITY OF COLTON
City Clerk By:
(Seal)
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ATTEST:
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CITY OF SAN BERNARDINO
City Clerk
(Seal)
ATTEST:
By:
CITY OF REDLANDS
City Clerk
(Seal)
APPROVED AS TO FORM
AND LEGAL CONTENTA
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By:
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BEST. BEST & KRIEGER
A MIn'N.....'.. '"CWD'... I"RO"US.ON"'L co,,~nOM.
LAWYERS
...00 MISSION SOUARE
37150 UNIVERSITY AVENUE
POST O""'CI: BOX IOZ8
RIVERSIDE, CALIP'ORNIA 82802
TELEPHONE (71<4) 888-'4150
TELECOPIE" (7'''') 888-3083
AMHUR L. L1TTLEWQRTH* WILLIAM W. "LO'I'O. JR.
GLIN E. STEJIlHE-NS* MICHAEL A. CRISTE.
'MWAM R. O.WOllE" GREGORY L. H"RDKE
IlARTON C.GAU'. KENDAl-L H. MAcYEY
CHARLa D. FIELD. CLARk H. ALSOP
PAUL T. SELlER" DAVID J. EJMIH..
DALLAS HOLMES" MICHAEL J.ANDEUlON*
C"'''STO''HER CARPEHTDlfrOOUOLAS S. "HILLIPS.
RICHARD T. ANDERSON" CHARLES M. ELLIS.
JOHN D. WAHLIN" LANTaoN E. ELDRED"
MICHAEL O,HARRI.' '''''''N-L.OOLOS
W. CURT EALY* AHTONtA Q. WEINER
THOMAS S. SLO'tNC... GREGORY K. WILKINSON
JOHN E. .IIOWH* W'l'NNE S.ruMH
RONALD J. f<<)HUT DAVID L. aARON
MICHAEl.: T. RIDDELL.. VIRGINIA A. ETTINGER
MEREDITH A. JURY" EUGENE TANAkA
MICHAEL ORAN'* ~IL T. CHAPMAN
'ItANC'S j.IlAUM. TIMOTHY M.CONNOR-
ANNE T. THO"'....'" VICTOR L. WOL"
O. MARTIN NETHERY. DANIEL E. OLIVIER
GEOItGE M. REYES DANIEL ... MtHUGH
CARL F. HERBOLD KANDY LEE ALLEN
STEPKANIE It. HARLAN ELISE K. TRAYNUM
MARC E. EMPEY DAVID A. BRANDENBURG
JOHN R. ROTTSCHAEFER WILLIAM D. DAHL1NG. JR.
MARTIN A. MUELLER TERESA ..I. PRIIITO.JItOVIC
..I. MICHAEL "MMEROUR VICTORIA N. KINe;
HOWARD e. GOLDS BETTY S. N. AUTON
MARGARET f'. TAHAKA MATT H. MORRIS
JE,.f'ERY J. CRANDALL JEFf'RE'f' V. DUNN
SCOTT C. SMITH JAMES E.NEUERBURG
LANCE A. ADAIR STEVEN C. DdAUN
.JACK B. CLARKE BRANT H. DYEIRIN
JEANNETTE A. PETERSON ERIC L. NANER
TERI L. VOLLNOGLE ' DENNIS M. COTA
....RBARA E. KAISTAL
.AlAN M. LEWIS
GEORGE H. CHANT III
RONALD A. VAN BLARCOM
BRADLEY E. NEUFELD
CECILIA $. WU
MICHAEL E. HULME.JR.
GEOF'FREY It. WILLIS
GORDON COLOGNE. 0" COUN.EL.
,JAM.." co....o... 0,. eoUN.CL.
"ICK.....D .... OSK...... 0,. COYNS.L
ADMlna. 1M NCW l'OMo fR....DA.
....aMI"'GTOfoI, D.C. CO"""" Of' CLAIM.
AA'tMOND eESTe'...-'IS7)
JAMES H. KRIEGER ('113'11715)
EUGENE BEST ('.'3 ."8~
OI",..CEeIN
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""'NeKO. MIItAOE (.11' ......11
ONT"'''IO {'J'I'" .........
....N DIEGO (all} ..S?....S
1fA ~1'OI..C...O""L. COfllOOltATION
February 13, 1989
Shauna Clark
City Clerk
City of San Bernardino
300 N. "0" Street
San Bernardino, CA 92418
Dear Ms. Clark:
This firm has represented the City of San Bernardino as a
participant in the Five City Economic, Development Authority
litigation.
Following the settlement of the litigation, the Board
of Directors determined that it would be in the best interest of
the parties to the original Joint Powers Agreement to terminate
the agreement and dissolve the joint powers authority.
We are
agreement to terminate the joint powers authority.
enclosing for adoption by your council a resolution adopting an
Please calendar
the resolution for Council action at the earliest opportunity and
copy of the Agreement.
forward to us an executed copy of the resolution and an executed
Yours truly,
~~.:\i-
for Best, Best & Krieger
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Enclosures
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1 RESOLUTION NO. /3:J'S-7
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A JOn~T r'<Y.'1ERS AGREEMENT WITH THE CITIES OF REDLANDS,
3 FONTANA, RIALTO, AND COLTON FOR THE IMPLEMENTATION OF AN ECONOMIC
DEVELOPMENT ACTION PROGRAM.
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WHEREAS, the five cities of Redlands, Fontana, Rialto, Colto ,
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and San Bernardino have been awarded an Economic Assistance Grant
under Title IX, Section 903 of the Public WOrks and Economic
Development Act of 1965, as amended1 and
WHEREAS, the provisions of Title 1, Division 7, Chapter 5
Section 6500 et seq. of the Government Code of the State of
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California authorize the joint exercise by agreement of two or
IlDre public agencies of any power cOllllOOn to them1 and
WHEREAS, the special terms and conditions of said grant re-
quire the grantees to submit a joint powers agreementl and
WHEREAS, the purpose of said agreement is to establish a
governing body to develop or carry out a plan of economic adjust-
ment for any of the following: planning, technical assistance,
research, training, public facilities, public services, or other
appropriate assistance to administer an approved plan for the
five cities.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCI
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
authorized to execute on behalf of said City a joint powers
agreement with the Cities of Redlands, Fontana, Rialto, and
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Colton establishing the Five City Economic Development Authority,
a copy of which is attached hereto, marked Exhibit "A" and in-
corporated herein by reference as fully as though set forth at
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SECTION 2. Edward S. Wheeler, Jr. is appointed as a voting
2 member of the governing board and authorized to serve as defined
3 in the Joint Powers Agreement of the Five City Economic Develop-
4 ment Authority to represent the City of San Bernardino.
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SECTION 3. Ray Resendez of the San Bernardino Economic
6 Development Council is appointed as staff representative for the
7 City of San Bernardino to serve the governing board.
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 adopted by the Mayor and COllllllOn Council of the City of San
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day of / Al~_~
meeting thereof, held
, 1978, by the following
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Bernardino at a
on the ~~
12 vote, to wit:
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AYES:
Co:z; :f::~J.~~~~
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NAYS:
ABSENT:
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resolution is hereby approved this ~,"7(.' day
, 1978.
The foregoing
(fe~
San BernardJ.no
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to form:
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CITY CLr.::Ri<S CFF:CE
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Five original counterparts one each to
Rialto, Colton, Fontana, Redlands, San Bernar
dino.
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JOINT POWERS AGREEMENT FOR
IMPLEMENTATION OF
ECONOMIC DEVELOPMENT ACTION PROGRAM
THIS JOINT POWERS AGREEMENT, is made and entered into thi s 1- day
of October, 1978, by and between the CITY OF FONTANA, a municipal corporation,
hereinafter referred to as "FONTANA", the CITY OF RIALTO, a municipal corpora-
tion, hereinafter referred to as "RIALTO", the CITY OF COLTON, a municipal
corporation, hereinafter referred to as "COLTON", and CITY OF SAN BERNARDINO,
a charter city, hereinafter referred to as "SAN BERNARDINO", and the CITY OF
REDLA.'lDS, a municipal corporation, hereinafter referred to as "REDLANDS", and
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hereinafter collectively referred to as "the parties hereto."
RECITALS: This Agreement is made with knowledge of and in reference to
the following facts:
(a) The Congress of the United States has heretofore enacted the
PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965, and particularly TITLE IX
thereof, which provides for the Special Economic Development and Adjustment
Assistance Program, the purpose of which is to establish new, and more effec-
tive, domestic aid programs for areas of high unemployment and limited indus-
trial developments in which local funds for development are limited.
b) Recognizing the fact Federal programs under the said Title IX are
legally and administratively complex and impose substantial demands on local
leadership and staff resources; and a more area-wide coordinated and united
organizational structure is needed to make the most effective use of such
federal domestic aid programs and particularly to implement and carry out this
area's proposed Title IX projects, the parties hereto, on July 28, 1978,
entered into a Memorandum of Understanding for the purposes of pooling their re
sources to apply for.a planning grant under said Title IX.
(c) The necessity for additional and improved public facilities and
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1 services, stimulation of public and private economic development activities,
2 initiating new and more effective financial assistance procedures and mechan-
3 isms, as required for further pUblic and private economic development programs
4 and projects, presents problems which, on the basis of past experience, cannot
5 be adequately met by individual public agencies in this area acting alone.
6 (d) Pursuant to the joint effort arising from the Memorandum of Under-
7 standing of July 28, 1978, the U.S. Department of Commerce, Economic;: Developnte1 ,
8 has offered to the parties (represented by Fontana), Economic Adjustment Grant
9 No. 07-09-02069 "to enable the Grantee to carry out the objective of the Act by
10 developing a comprehensive economic adjustment program to redress an actual or
11 threatened economic dislocation or other adjustment problem for the area of
.12 Fontana, Rialto, Colton, San Bernardino and Redlands, California."
13 (e) The parties hereto have the common power to perform the kind of
14 functions and services as hereinafter described within their respective juris-
15 di cti ons.
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(f) The parties hereto recognize that the economic problems in this
17 area, and within their respective jurisdictions, require that the said parties
18 coordinate their efforts in solving such economic problems by entering into
19 this Agreement to provide for the joint exercise of their said powers in imple-
20 menting the Title IX planning project described in subparagraph (d) above, and
21 the comprehensive economic adjustment program, all in accordance with the afor
22 said Special Economic Development and Adjustment Assistance Program enacted by
23 Congress in 1974. In carrying out these stated objectives, it is necessary to
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officially establish the Joint Powers Authority pursuant to the July 28, 1978
~~morandum of Understanding, and to establish the structure of the GOVERNING
BOARD of said joint powers authority by entering into this Joint Powers Agree-
ment.
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(g) This Joint Powers Agreement is authorized by the provisions of
Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government
Code of the State of C~lifornia which authorizes the joint exercise by agree-
ment of two or more public agencies of any power common to them;
NOW, THEREF6RE, IT IS AGREED AS FOLLOWS:
ARTICLE I - DEFINITIONS
SECTION 1.01. GENERAL. Unless the context otherwise requires, the
words and terms defined in this ARTICLE shall, for the purposes hereof, have
the meanings herein speci fied.
SECTION 1.02. ACT. ACT means Title I, Division 7, Chapter 5 (commenc-
ing with Section 6500) of the Government Code of the State of California.
SECTION 1.03. ADMINISTRATIVE EXPENSE. Administrative expense means
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those sums of money required to be expended by the joint powers authority
hereby created (and hereinafter called the AUTHORITY) from an administrative
expense fund to be established and maintained by the AUTHORITY to finance those
costs of administering this Agreement and for carrying out the powers and
functions authorized in this Agreement.
SECTION 1.04. AUTHORITY. AUTHORITY means the FIVE CITY ECONOMIC
DEVELOPMENT AUTHORITY created pursuant to this Agreement.
SECTION 1.05. FISCAL YEAR. Fiscal year means the period from July 1
to and including the following June 30.
SECTION 1.06. GOVERNING BOARD. GOVERNING BOARD means the GOVE~~ING
BOARD of the AUTHORITY established pursuant to this Agreement.
SECTION 1.07. STATE. State means the State of California.
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SECTION 1.08. PROJECT PROGRESS. PROJECT PROGRESS means the Economic
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Development Action Plan and Strategy for the five cities which are parties
hereto, to be described in the Plan and Report to be prepared by means of the
above mentioned Development Grant from the Economic Development Administration,
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and including the further detailed planning, designing, engineering, contruc-
tion, leasing, selling, operation and maintenance of the specific facilities
and projects described in said Plan and Report, or that portion of such
functions, services and activities as are within the legal power and authority
of one or all of the parties hereto, and further including all legal, adminis-
trative, financial and technical services and activities connected therewith.
SECTION 1.09. DIRECTOR. A'Director may be duly' appointed by the' Gove
ning Board of'the Authority and shall not be a member of the Governing Board.
ART! CLE II '
PURPOSE
SECTION 2.01. PURPOSE. It is the purpose of this Agreement to provid
a united, coordinated, orderly, positive and effective means for implementing
and carrying into execution an Economic Development Action Plan and Strategy
for the general benefit of all of the people of the five cities which are
parties hereto, as such Plan and Strategy is more particularly described in
this area's PROJECT PROGRESS program outlined in said Economic Development
Action Plan and Strategy to be prepared with federal financial assistance
provided by the Economic Development Administration under Title IX of the
Public Works and Economic Development Act of 1965. This AUTHORITY is vested
with power (1) to effectively implement, coordinate and administer the
Economic Development Action Plan and Strategy above referred to, in accordance
with the purpose and intent of the Special Economic Development and Adjustment
Assistance Program enacted by Congress in 1974 as Title IX of the Public Works
and Economic Development Act of 1965, as amended; and (2) to establish
appropriate operating committees and special commissions to assist th~
AUTHORITY in carrying out the foregoing purposes and to assist the AUTHORITY
in implementing economic development projects and programs to improve the
quality of life in the area.
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ART! CLE I II
FORMATION AND ORGANIZATION
SECTION 3.01. CREATION OF AUTHORITY. Pursuant to the ACT, there is
hereby created a pub1 ic entity to be known as the "FIVE CITY ECONOMIC DEVELOP-
MENT AUTHORITY", herein called "AUTHORITY". The AUTHORITY is a public entity
separate and apart from any or all of the component cities and shall administe
this Agreement.
SECTION 3.02. GOVERNING BOARD. The AUTHORITY shall be administered by
a GOVERNING BOARD of five (5) members. One (1) member shall be appointed by
the Mayor and City Council of each of the five cities which are parties hereto,
and each member shall be the Mayor or a member of the City Council of the City
such member represents, provided, however, that any member may appoint a'deput
to represent such member at meetings of the GOVERNING BOARD. The GOVERNING
BOARD shall be called the "GOVERNING BOARD OF THE FIVE CITY ECONOMIC DEVELOP-
MENT AUTHORITY". All voting power of the AUTHORITY shall reside in the GOVERN-
ING BOARD, but may be exercised on behalf of any member by stich member's duly
appointed deputy.
Each member of the GOVERNING BOARD shall serve at the pleasure of the
authority that appointed him. Each member shall cease to be a member of the
GOVERNING BOARD when he ceases to hold office on the governing board of the
authority that appointed him. Vacancies on the GOVERNING BOARD shall be fil1e
by the respective appointing .parties. Any member of the GOVERNING BOARD of
the AUTHORITY may be removed at any time in the same manner as he was appointed.
A. The members of the GOVERNING BOARD that will take office
immediately upon the execution of this Agreement by the cities which are partie
hereto, and whose selection and appointment is made and confirmed by the
respective governing bodies of the several cities by execution of this Agree-
ment, are as follows:
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FONT ANA
RIALTO
GERALD R. EAVES, Councilman
COLTON
FRANK A. GONZALES, Mayor
SAN BERNARDINO
F.!1WAll.1J s. ''}IF.F.J.Ell. J'l.., CouncilJrlan
REDLANDS
B. A member of the City Council of any city which is a party here-
to may be appointed and serve simultaneously as a member of the GOVERtIING
BOARD of the AUTHORITY.
C. No person, while serving as a member of the GOVERHING BOARD of
the AUTHORITY, shall be eligible to be appointed to any salaried office or
employment in the service of the AUTHORI~, nor shall such person become
eligible for such appointment within one year after he has ceased to be a
member of the GOVERNING BOARD of the AUTHORITY.
D. The members of the GOVERNING BOARD of the AUTHORITY shall serve
without compensation. This shall not affect in any way remuneration received
by a local public official who, in addition to his responsibilities as a local
public official, serves as a member of the GOVERNING BOARD of the AUTHORITY, or
as a deputy to a member. All members of the GOVERNING BOARD of the AUTHORITY,
or their duly appointed deputies, may be reimbursed for reasonable and neces-
sary expenses incurred in the performance of thei r duties as such members. Re-
imbursement of expenses shall be subject to approval of the GOVERNING BOARD of
the AUTHORITY.
SECTION 3.03. REGULAR MEETINGS. The GOVERNING BOARD shall provide for
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1 its regular meetings; provided, however, that at least one regular meeting
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2 shall be held once each month. The date, hour and place of the holding of
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I regular meetings shall be fixed by resolution of the GOVERNING BOARD, and a
I copy of such resolution shall be filed with each party hereto.
I SECTION 3.04. RALPH M. BRm~N ACT. All meetings of the GOVEm~ING BOARD
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6! including, without limitation, regular, adjourned regular and special meetings,
I shall be called, noticed, held and conducted in accordance with the provisions
IOf the RALPH M. BROWN ACT (commencing with Section 54950 of the Government Code
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IOf the State of California).
SECTION 3.05. MINUTES. The Secretary of the AUTHORITY shall cause to
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11 be kept minutes of the meetings of the GOVERNING BOARD and shall, as soon as
12 possible after each meeting, cause a copy of the minutes to be forwarded to
13 each member of the GOVERNING BOARD and to each member ci ty.
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SECTION 3.06. 9UORUM. Three (3) members of the GOVERNING BOARD shall
IS constitute a quorum for the transaction of business, except that less than a
16 quorum may adjourn, from time to time; provided that the affirmative vote of
17 at least two (2) members of the GOVER~ING BOARD shall be necessary for the
18 approval of any acti on of the GOVERNING BOARD.
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SECTION 3.07. RULES. The GOVERNING BOARD of the AUTHORITY may adopt,
20 from time to time, such rules and regulations for the conduct of its meetings
21 and affai rs as are necessary for the purposes hereof.
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SECT!ON 3.08. OFFICE. The GOVERNING BOARD of the AUTHORITY may estab-
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1ish and maintain an office within the area as it deems will best facilitate
I the accomp1 ishment of the objecti ves and purposes of the' AUTHORITY.
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SECT!ON 3.09.
BOUNDARIES. The FIVE CITY ECONOMIC DEVELOPMENT AUTHORIT
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ART! CLE I V - OFFI CERS MID EllPLOYEES
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SECTION 4.01. CHAIRMAN, VICE-CHAIRMAN ~~D'SECRETARY. The GOVERNING
3 BOARD shall elect a Chairman and Vice-Chairman and shall appoint a Secretary
4 who may, but need not, be a member of the GOVEmlING BOARD. The officers shall
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perform the duties normal to said offices; and
A. The Chairman shall sign all contracts on behalf of the
AUTHORITY and perform such other duties as may be imposed by the GOVERNING
BOARD.
B. The Vice-Chairman shall act, sign contracts, and perform all of
the Chairman's duties in the absence of the Chairman; and
C. The Secretary shall countersign all contracts on behalf of the
AUTHORITY, perform such other duties as may be imposed by the GOVERNING BOARD,
and keep minutes of all meetings and cause a ,copy of the minutes to be forward-
ed to each of the members of the GOVERNING BOARD and to each member CITY.
SECTION 4.02. TREASURER. The Treasurer of r.ity of Fontana
16 is hereby designated as the Treasurer of the AUTHORITY and as the depositary
17 to have custody of all the money of the AUTHORITY from whatever source. The
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Director of Finance of
ri-ty n<f J:'nntan;l
is hereby designated as the
Auditor-Controller of the AUTHORITY. The Treasurer and the Auditor-Controller
shall have the duties and obligations set forth in Sections 6505 and 6505.5 of
the ACT and shall assure that there shall be strict accountability of all funds
and report of all receipts and disbursements of the AUTHORITY.
The City Council of the City whose Treasurer is serving as Treasurer of
of the AUTHORITY shall determine the reasonable charges to be made against the
AUTHORITY for the services of the Treasurer and Auditor-Controller.
SECTION 4.03. BONDING PERSONS HAVING ACCESS TO PROPERTY. From time to
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time, the parties hereto shall designate the public officers or 'persons, in
addition to the Treasurer and Auditor-Controller, having charge of handling or
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having access to any property of the AUTHORITY, and the respective amounts of
the official bonds of the Treasurer and Auditor-Controller and such other
persons pursuant to Section 6506.1 of the ACT.
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SECTION 4.04. LEGAL ADVISOR. The GOVERNING BOARD shall select, appoint
employ and retain the legal advisor of the AUTHORITY, who shall perform sucp
duties as may be prescribed by the GOVERNING BOARD.
SECTION 4.05. OTHER EMPLOYEES. The GOVERNING BOARD shall have the pow- I
er to appoint and employ such other officers, employees, consultants, advisors
and independent contractors as may be necessary for the purposes hereof.
, SECTION 4.06. COMPENSATION. The GOVERNING BOARD shall determine the
compensation of, and pay frOm AUTHORITY funds (including payment from funds
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12 which the AUTHORITY may receive from time to time in the form of federal and
13 state grants) the salaries, wages, fees and other compensation of such p1annin ,
14 engineering, legal, financial, or other techinca1 and professional personnel,
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SECTION 4.07. NON-CIVIL SERVICE. Nothing herein contained shall be co -
17 strued as making the AUTHORITY a department of any city, or as placing any of
18 the officers, counsel, personnel, or employees of the AUTHORITY under any form
19 of Civil Service or merit system or under any other form of specially protecte
20 employment right or status; excluding member city employees used as in-kind
21 services.
22 ARTICLE V - POWERS
23 SECTION 5.01. GENERAL POWERS. The AUTHORITY created by this Agreement
24 shall exercise in the manner hereinafter provided the powers common to each of
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the entities to this Agreement.
As provided in the ACT, the AUTHORITY shall be a public entity separate
from the parties hereto. The AUTHORITY shall have the power to administer,
carry out and implement an Economic Development Action Plan and Strategy for
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the member cities as such plan and ,strategy is hereafter designed under the
planning grant described above, and to further administer, coordinate, promote,
carry out and implement the purposes of this Agreement as referred to in Secti
2.01 of ARTICLE II hereof, and, in connection therewith, the AUTHORITY shall
have the power to finance, acquire, construct, lease, operate and maintain
project structures, bui 1 di ngs and facil i ti es; all subject to the provi s ions of
this Agreement.
SECTION 5.02. REVENUE BONDS. The AUTHORITY, as a separate public
entity, shall have the power to issue revenue bonds pursuant to the laws of
the State of California as the same now reads or may be hereafter amended, and
to provide for the repayment thereof. The AUTHORITY shall also have all the
powers provided for in Article 2 of the ACT (commencing with Government Code
Section 6540), as said ACT now reads or may be hereafter amended.
SECTI~1 5.03. SPECIFIC P~4ERS. The AUTHORITY is 'hereby authorized,
in its own name, to do all acts necessary for the exerci se of the foregoing
powers for the purposes of this Agreement including, but not limited to, any
or all of the following:
A. To make and enter into contracts;
B. To employ agents, employees, consultants, and independent
contractors;
C. To acquire, construct, manage, maintain or operate any build-
ings, works, or improvements;
D. To acquire, hold or dispose of real and personal property, or
any interest therein, by deed, purchase, lease. contract, gift, devise, or
otherwise.
E. To sue and be sued in its own name, except as otherwise provid
ed by law. The exercise by the AUTHORITY of the power to sue or be sued in
its own name shall be subject to the restrictions on the exercise of such
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power applicable to the five cities signatory hereto.
An action to determine the validity of any Contract may be brought
pursuant to Chapter 9 (commencing with Section 860), Title 10, Part 2 of the
Code of Civil Procedure of the State of California.
F. To incur debts, liabilities or obligations, provided that no
debt, liability or obligation shall constitute a debt, liability or obligation
of any or all of the cities signatory hereto.
G. To apply for, accept, receive and disburse grants, loans and
other financial assistance from any agency of the United States of America or
of the State of California, or from any other public agency or from other
sources, public or private, and ~xpend such funds for the purposes set forth in
this Agreement;
H. To delegate portions of its functions to an advisory body or,
administrative entity for the purposes of program development, policy formula-
tion or program implementation; provided, however, that any annual budget of
the agency to which the delegation is made must be approved by the GOVERNING
BOARD of the AUTHORITY;
I. To invest any money in the treasury, pursuant to Section 6505.5
of the ACT, as the" AUTHORITY determines is advisable, in the'same manner
and upon the same conditions as local agencies,pursuant to Section 53601 of the
Government Code of the State of California.
J. To carry out and enforce all the provisions of this Agreement;
K. To contract for and obtain insurance against any insurable risk
reasonably anticipated to result from the exercise of any powers or functions
of the AUTHORITY or the performance of any duties by the officers and employees
of the AUTHORITY;
L. To make, adopt, amend, and repeal its bylaws, rules, ordinances,
resolutions, and procedural regulations not inconsistent with, and to carry into
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effect, the powers granted in and'purposes of this Agreement;
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M. To perform such duties and functions as may be necessary or
appropriate for the administration and coordination of federal or state
assisted economic planning and development programs and projects within the
geographical boundaries of this joint powers authority as hereinbefore de-
fined.
N. To do and perform any and all ac~necessary to participate in
federal or state assisted economic development projects within the jurisdic-
tional boundaries of the AUTHORITY, including, without limitation, applying
for, accepting and administering grants or other financial assistance from the
federal goverment, the state, or other public agencies, or from any other
sources, public or private, for such economic development projects; to use and
expend such funds for any of the purposes as described or referred to in this
Agreement; and to enter into and carry out contracts or agreements in connec-
tion therewith which are not inconsistent with the purposes and powers of
the AUTHORITY as set forth in this Agreement; and
O. To adopt a seal and alter it at its pleasure.
SECTION 5.04. CLAIMS. All claims and actions for money or damages
19 against the AUTHORITY and its officers and employees are governed by Division
20 3.6 (commencing with Section 810) of Title I of the Government Code of the
21 State of California. The AUTHORITY shall be deemed a "public entity" within
22 the meaning of Division 3.6 of Title I of said Government Code.
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SECTION 5.05. INTERESTS IN CONTRACTS. The provisions of Article 4
(commencing with Section 1090), Article 4.5 (commencing with Section 1100) and
Article 4.6 (commencing with Section 1120), Chapter 1, Division 4, Title 1,
of the Government Code of the State of California prohibiting certain finan-
cial interests in public contracts shall apply to the officers. directors and
employees of the AUTHORITY.
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SECTION 5.06. ENFORCEt1EtlT BY AUTHORITY. The AUTIWRITY is hereby
authorized to take any or all legal actions, necessary and permitted by law to
enforce this Agreement.
ARTICLE VI - METHOD OF PROCEDURE
SECTION 6.01. ASSUMPTION OF RESPONSIBILITIES. Upon completion of the
initial organization of the GOVERNING BOARD and the appointment of the Secre-
tary and Legal Advisor, the AUTHORITY shall proceed to carry out its duties
and responsibilities as set forth in this Agreement, including, primarily, the
implementation of the Economic Development Action Plan and Strategy to be
prepared as hereinabove provided.
SECTION 6.02. FINANCING ACTIVITIES PRECEDING CONSTRUCTION. The
AUTHORITY shall secure funds or a firm commitment of funds adequate to finance
the activities necessary to be carried out prior to the award of a contract
for the construction of any public project portion of PROJECT PROGRESS, which
includes, but is not limited to, the preparation of construction plans and
specifications, and the acquisition of permits, rights-of-way and land neces-
, sary for the construction. The AUTHORITY shall secure such funds through
federal and state grants, the issuance of bonds, advances from the parties
hereto, or from any other proper source or sources, or by any combination
thereof.
SECTION 6.03. ACTIVITIES PRECEDING CONSTRUCTION. Upon securing funds
(or a firm commitment of funds) deemed adequate by the GOVERNING BOARD to
finance the cost of the activities necessary to be carried out prior to the
award of a contract for the construction of any public project portion of
PROJECT PROGRESS, the AUTHORITY shall proceed to contract with one or more
engineering and/or architectural firms for the preparation of construction
plans and specifications, to acquire said necessary permits, rights-of-way
and land, and to carry out all other acitivies which are necessary to be
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performed prior to the award of a contract for the construction of any public
works portion of PROJECT PROGRESS.
Nothing contained in this Agreement shall be construed as limiting or
restricting the timing or procedure to be followed by the AUTHORITY in obtain-
ing financing required for implementation of PROJECT PROGRESS if some other
or different procedure or timing is required by any federal or state agency
providing financial assistance to the AUTHORITY.
SECTION 6.04. PROJECT FINANCING. Prior to, or upon completion of the
preparation of construction plans and specifications, the AUTHORITY shall
secure funds (or a firm commitment of funds) adequate to finance the cost of
constructing any public portion of PROJECT PROGRESS. The AUTHORITY shall se-
cure such funds or firm commitment of such funds through federal and state
grants and from the issuance of revenue bonds ,and from other available sources.
Said funds shall be adequate, with the proceeds of prior bond issues, if any,
to finance the entire cost of that portion of the public project for which
said plans and specifications have been completed, including, but not limited
to. the costs of repaying advances made to the AUTHORITY by the parties hereto
and for which repayment was a condition of such advance, the cost of all
activities necessarily carried out by the AUTHORITY prior to the award of a
contract for the construction, interest expenses estimated to accrue prior
to the completion of construction, and the estimated cost of the construction
and all costs incidental thereto.
SECTION 6.05. CONSTRUCTION. Upon securing funds (or a firm commit-
ment of funds) deemed adequate by the GOVE~lING BOARD to finance the entire
cost of constructing any public portion of PROJECT PROGRESS, the AUTHORITY
shall proceed to contract with one or more firms for the construction of each
such public portion of said PROJECT PROGRESS.
SECTION 6.06. OPERATION AND MAINTENMICE. Upon completion of
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construction of each public portion of PROJECT PROGRESS and final acceptance
thereof by the GOVERNING BOARD, the AUTHORITY may operate and maintain said pub
1ic project, with its own personnel, by contract with one or more of the partie
thereto, or by contract with a third party, as determined by the GOVERNING BOAR,
or transfer the ownership, operation and maintenance to one of the parties here 0
as may be most consistent with the power and jurisdiction of such party. Pro-
vided, however, that no such transfer shall be made by the AUTHORITY in vio1ati n
of any grant condition or regulation imposed by any federal or state agency tha
provided financial assistance for said project. However, AUTHORITY agrees to re
quest approval and consent to make such transfer in those instances where it is
deemed to be consistent with the long range purpose and intent of this Agreemen
and where such transfer would be in the best public interest.
ARTICLE VII - FINANCIAL PROVISIONS
SECTION 7.01. FISCAL YEAR. The fiscal year of the AUTHORITY shall be
from July 1 of each year to and including June 30 of the following year.
SECTION 7.02. CONTRIBUTIONS. The several cities signatory hereto shall
each contribute to the AUTHORITY the sum of one-twentieth (1/20) of the total
Planning Grant amount in cash or in in-kind services on or before completion of
said Planning Grant phase. The cash portions of such contributions shall be no
less than $1,000 nor more than $2,000. Any financial contributions other than
set forth above shall be made only upon official action by the governing board
of such party hereto as may desire to make any further or additional contribu-
tion to the AUTHORITY.
The expenditure of funds contributed to the AUTHORITY by the parties
hereto shall be used only for ordinary administrative and operating expenses of
the AUTHORITY"as referred to in the Economic adjustment Grant Terms and Condi-
tions, and for payment of fees and costs incurred or to be incurred by the AUTH
ORITY in connection with the preoaration, filing and processing of one or more
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applications for federal financial assistance required for the implementation of
the Economic Development Action Plan and Strategy as referred to hereinabove in
this Agreement.
SECTION 7.03. ADVANCES. In addition to the financial contributions re-
quired to be made by each party hereto as set forth in SECTION 7.02 above, each
of the parties to this Agreement may advance to the AUTHORITY money in such sums
as may be mutually agreed upon by such party and the GOVERNING BOARD of the
AUTHORITY. An amount equal to all advances so made by each party, plus interes
thereon at a rate to be mutually agreed upon by the AUTHORITY and.,theparty mak
ing suc~ advance, shall be repaid by the AUTHORITY in cash, but only from the
proceeds of federal grants, state grants, the sale of revenue bonds of the AUTH
ORITY, or such other construction funds as the AUTHORITY designates. Repayment
shall be made by the AUTHORITY at such time or times as the AUTHORITY and the
party making such advance shall mutually agree at the time such advance is made
SECTION 7.04. ANNUAL BUDGET.
A. The GOVERNING BOARD of the AUTHORITY shall, on or before March
of each year, prepare and submit to each party hereto a budget estimate of the
expense of conducting the AUTHORITY for the ensuing year.
B. The budget estimate Shall be,in such form as the GOVERNING, BOAR
may prescribe using the guidelines of the California State Controller. The bud
get estimate shall contain a summary of the fiscal policy of the AUTHORITY for
the budget year and shall include data showing the relation between the total
proposed expenditures and the total anticipated income or other means of finan-
cing the budget for the ensuing year, contrasted with the corresponding data fo
the current year. The budget may be published. The budget esti'mate may in-
clude the unappropriated balance item to be available for appropriation in the
ensuing fiscal year 'to meet contingencies other than contingencies resulting
from temporary insufficiencies in the revenues of the AUTHORITY.
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c. After submission of the budget estimate, the
3 GOVERNING BOARD shall fix a time and a place for hearing by the
4 GOVERNING BOARD thereon. The GOVERNING BOARD shall cause notice
5 of such hearing to be published at least ten (10) days prior to
6 the date set for hearing in a newspaper of general circulation in
7 the area pursuant to Sections 6060 and 6061 of the Government Code
8 of the State of California, and shall give mailed notice of such
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9 hearing to each party to this Agreement.
10 At the budget hearing the GOVERNING BOARD may increase
11 or decrease any item in the budget estimate and may delete any
12 item therefrom or add any new item thereto.
13 Upon the conclusion of the budget hearing and not later
14 than May 1 of each year the GOVERNING BOARD shall approve the
15 budget estimate as submitted to the parties hereto or as revised
16 by the GOVERNrNG BOARD, and thereupon the same shall constitute '
17 the final budget for the ensuing fiscal year.
18 The several items of the final budget shall be deemed
19 appropriated for the ensuing fiscal year in the amounts and for
20 the purposes specified in the final budget.
21
SECTION 7.05. RECORDS J\ND ACCOUNTS. The AUTHORITY shall
22 cause to be kept accurate and correct books of account, showing in
23 detail the costs of administration, bond interest, bond redemption,
24 operation and maintenance, and all financial transactions of the
25 AUTHORITY. Said books of account shall be open to inspection at
26 all times by any representative of any of the parties hereto, or
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2 inspect said books of account. The Auditor-Controller shall, in ac- i
3 cordance with Section 6j05 of the ACT, cause the books of account
4 and other financial records of the AUTHORITY to be audited annually.
5 ARTICLE VIII - ARBITRATION
6
SECTION 8.01. ARBITRATION OF DISPUTES AND CONTROVERSIES.
7 All controversies and disputes between the parties hereto arising
8 out of an action or decision of the AUTHORITY shall be settled by
9 arbitration in accordance with the provisions of this ARTICLE VIII.
10 Within ten (10) days after the action or decision has been taken,
11 the aggrieved entity shall give written notice to the GOVERNING
12 BOARD of the AUTHORITY and the other entities that it desires
13 arbitration, stating the controversy to be arbitrated. Within ten
14 (10) days thereafter, the aggrieved entity and the GOVERNl:llTG BOARD
15 shall each select one arbitrator, and within ten (10) additional
16 days after their selection, the two (2) aribtrators shall select
17 a third arbitrator. The hearing shall be conducted within fifteen
18 (15) days after the nomination of the third arbitrator and shall
19 be restricted to matters relative to that stated in the notice
20 requesting arbitration. Each entity shall be given an opportunity
21 to be heard and to present evidence. Within ten (10) days after
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the conclusion of the hearing or hearings, the arbitrators shall
state their findings of fact, conclusions of law and decision in
writing, and shall sign the same and deliver one signed copy
thereof to each entity. Such decision or award shall be final and
binding upon the GOVERNING BOARD, and upon each entity. A majority
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1 finding shall govern if the arbitrators' determination is not unanimous. The
2 aggrieved entity, and the C~VERNING BOARD, shall each pay the expenses of
3 their respective arbitrators. The costs and expenses of the third arbitrator,
4 and the administrative costs of arbitration shall be shared equally between
S the aggrieved entity and the GOVERNING BOARD. Each party shall pay its own
6 attorney fees.
7 ARTICLE IX - TERMINAT!ON
8 SECTION 9.01. TERM. This Agreement shall be dated the date of execu-
9 tion of this Agreement by the last of the five parties hereto that executed
10 this Agrel!ment and shall be effective on the date hereof and shall continue
11 until rescinded or terminated by agreement of all of the patties hereto.
12
SECTION 9.02. DISPOSITION OF ASSETS. On the termination of this
13 Agreement, all surplus money of the AUTHORITY shall be returned to the res-
14 pective parties hereto in the same proportion that the total of all amounts
IS paid by each party hereto, pursuant to ARTICLE VII hereof, during the term of
16 this Agreement, bears to the total of such amounts paid by all the parties
17 hereto. On the,termination of this Agreement, all property of the AUTHORITY,
18 both real and personal, shall be divided among the parties hereto in such
termi nati on
19 manner as shall be agreed upon by the parties hereto upon/Of this Agreement or
20 as determined by arbitration as herein provided, and, until such division is
21 agreed upon or otherwise determined by arbitration, shall be held in trust by
22 the Treasurer for all the parties hereto.
23 ARTICLE X - MISCELLA~EOUS PROVISIONS
24
SECTION 10.01. NOTICES. Notices hereunder shall be sufficient if
delivered to:
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CITY OF FONTANA
City Hall
8353 Sierra Avenue
Fontana, California
CITY OF RIALTO
City Hall
150 S. Palm Avenue
Ria1to, California 92376
CITY OF COLTON
City Hall
650 N. LaCadena Drive
Colton, California
CITY OF SAN BERNARDINO
City Hall
300 N. "D" Street
San Bernardino, California
CITY OF REDLA.'1DS
City Hall
Red1ands, California 92373
SECTION 10.02. AMENDI~ENT OF AGREE~1ENT. This Agreement may be amended
by an agreement approved by all of the entities hereto. Approval of the
GOVERNING BOARD of the AUTHORITY shall not be required for amendment of this
Agreement.
SECTION 10.03. PARTIAL INVALIDITY. If anyone or more of the terms,
provisions, section$ promises, covenants or conditions of this Agreement shall
to any extent be adjudged invalid, unenforceable, 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 Agree-
ment shall not be affected thereby, and shall be valid and enforceable to the
fullest extent permitted by law.
SECTION 10.04. HEADINGS. The section headings in this Agreement are
for convenience only and are not to be construed as modifying or governing the
language in the section referred to.
SECTION 10.05. CONSENT. Whenever in this Agreement any consent or
28 approval is required, the same shall not be unreasonably withheld.
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SECTION 10.06. LAW GOVERNING. This Agreement is made in the State of
2 California under the constitution and laws of such'State and is to be so
3 construed.
4 SECTION 10.07. SUCCESSORS. This Agreement shall be binding upon and
S shall inure to the benefit of the successors of the parties.
6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
7 be executed and attested by their proper officers thereunto duly authorized,
8 and their official seals to be hereto affixed, as of the day and year first
9 above written.
~JJE~:r : " (
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,~,:I'.J..""J,.j ,.,,>,.~, I" F:' Y
Patricia M. Murray; City Clerk
, (SEAL)
CITY ~NA
B~
frank Horzon, Mayor
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CITY OF RIAlTO ,~
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By ;::-"'--,/jf1.~
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CITY OF COLTON
5Y'--- JM-//;.IJJA~
FRANK A. G L ~layor
(SEAL)
ATTEST:
~o._JC.~
HELEU A. RAMOS, City Clerk
(SEAL)
B
ATTEST:
" AL~~1./" ~'tf 4""1
~ (SEAL) ,
ATTEST:
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(SEAL) - 21
CITY OF REDLANDS ,
I; / , rJ( {":~ ~ 't+.
By,. ~' ,~/'nit:... , ,( (..( HI
By