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Home My WebLink About1989-053 ~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - .. ---.....- -- . ' RESOLU~ION NO. ~-~_ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT. WHEREAS, on October 24, 1978 the City entered into a Joint PowerH Agreement creating the Five City Economic Development P"uthority; a.nd WHEREAS, the purpose of that Joint Powers Aqreement han been fulfilled and the parties wish to terminate the Agreement nnd to dissolve the Five City Economic Development Authority. NO\v THEREFORE, BE IT RESOLVED, by the Mityor eJnd Common Council of the City of San Bernardino that the Agreement for rllf~rminat ion of Joint Powers Agreement attached hereto elf) E:~r.:hihit .. A" is hereby approved and adopted and the Mayor is c1TI,tl1orized to execute the Agreement on behalf of the City. I HEREBY CEHTIF'Y that the foregoing resolution was duly aqopted by the Mayor Clnd Common Council of the City of San B(~rni.Jr- dino at an adjourned regular meeting thereof, held on the 13tb clay of , 1909, by the followi.ng vote, to wi.t: March AYES: Council Members Reilly, Flores, Mal1dsley, Minor, t-iiller NAYS: Council Member Pope-LudJ_am ABSENrr :: Council Member Estrada The foregoing resolution is :/ //7/' /' J,. / / ~ b y::)IIiJt~tt&t/ I( /"J / 'f ' /'l v~/} itJL_Clrfk .'~ (?~'",?f;:~ ~ u:;C~ /.!-.)#"~lZf ' 1/ I I Ii' hereby'/a,pp ved t~_s j;.;--c>{..) dclY of ltndA tL , 19H9. /7 A 1/ A\....../~.,c/y; / / ..... J' . 20 21 22 23 24 25 26 27 28 RES: : AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT 1 Approved as to form and legal content: ~ . 2 3 " W'] ~-7 j4;:--x-/~___ p.~ty Attorney 4 / ,. 5 / 6 7 8 9 10 11 12 13 14 15 16 17 18 19 400 MISSION SQUARE 3750 UNIVERSITY AVENUE POST OF"F"ICE BOX 1028 RIVERSIDE, CALlF"ORNIA 92502 TELEPHONE (714) 686-1450 TELECOPIER (714) 686-3083 GORDON COLOGNE, OF" COUNSEL ..JAMES B. CORISON, OF" COUNSEL RICHARD A. OSHINS, OF" COUNSEL ADMITTED IN NEW YORK, NEVADA. WASHINGTON, D.C. COURT OF" CLAIMS . ", .. BEST, BEST & KRIEGER A PARTNERSHIP INCLUDING PROF"ESSIONAL CORPORATIONS LAWY E R 5 ARTHUR L. L1TTLEWORTH,o. WILLIAM W. FLOYD, JR. GLEN E. STEPHENS* MICHAEL A. CRISTE* WILLIAM R.DEWOLFE* GREGORY L. HARDKE BARTON C. GAUT* KENDALL H. MAcVEY CHARLES D. FIELD * CLARK H. ALSOP PAUL T. SELZER* DAVID J. ERWIN* DALLAS HOLMES* MICHAEL J. ANDELSON * CHRISTOPHER CARPENTER* DOUGLAS S. PHILLlPS* RICHARD T. ANDERSON* CHARLES M. ELLIS* JOHN D. WAHLIN* LANTSON E. ELDRED* MICHAEL D. HARRIS* IRWIN L. GOLDS W. CURT EALY* ANTONIA G. WEINER THOMAS S. SLOVAK * GREGORY K. WILKINSON JOHN E. BROWN * WYNNE S. FURTH RONALD J. KOHUT DAVID L. BARON MICHAEL T. RIDDELL* VIRGINIA A. ETTINGER MEREDITH A. JURY * EUGENE TANAKA MICHAEL GRANT * BASIL T. CHAPMAN FRANCIS J. BAUM* TIMOTHY M. CONNOR" ANNE T. THOMAS* VICTOR L. WOLF D. MARTIN NETHERY* DANIEL E. OLIVIER GEORGE M. REYES DANIEL J. M~HUGH CARL F. HERBOLD STEPHANIE K. HARLAN MARC E. EMPEY JOHN R.ROTTSCHAEFER MARTIN A. MUELLER J. MICHAEL SUMMEROUR HOWARD B. GOLDS MARGARET F. TANAKA JEFFERY J. CRANDALL SCOTT C. SMITH LANCE A. ADAIR JACK B. CLARKE JEANNETTE A. PETERSON TERI L. VOLLNOGLE BARBARA E. KRISTAL BRIAN M. LEWIS GEORGE H. CHANT III RONALD A. VAN BLARCOM BRADLEY E.NEUFELD CECILIA S. WU MICHAEL E. HULME,JR. GEOFFREY K. WILLIS KANDY LEE ALLEN ELISE K. TRAYNUM DAVID A. BRANDENBURG WILLIAM D. DAHLlNG. JR. TERESA J. PRISTOJKOVIC VICTORIA N. KING BETTY S. N. AUTON MATT H. MORRIS JEFFREY V. DUNN JAMES E.NEUERBURG STEVEN C. DEBAUN BRANT H. DVEIRIN ERIC L. GARNER DENNIS M. COTA RAYMOND BEST (1868-1957) JAMES H. KRIEGER (1913-1975) EUGENE BEST (1893-1981) OF"F"lCESIN PALM SPRINGS (619) 325-7264 RANCHO MIRAGE (619) 568-2611 ONTARIO (714) 989-8584 SAN DIEGO (619) 457-4915 *A PROF"ESSIONAL CORPORATION February 13, 1989 Shauna Clark City Clerk City of San Bernardino 300 N. "D" 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 forward to us an executed copy of the resolution and an executed copy of the Agreement. Yours truly, ~-~~ Scott C. Smith for Best, Best & Krieger SCS/ph Enclosures ~ ;+l c:D :::0 m ("') m < rn o I ('? ~ -< ('") I rn ;:0 ~ -"" ,l::l.. -0 ~. ~ \Jl . . . AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT ( This Agreement is entered into this ~?l~day of l/1/1 j .- Ll'vl c / , 19RO Ci~- ll' ......' -- ;; ~ ,r en the City of Fontana, the n, the City of San (C! (" !~ ~dlands (hereinafter "the ;.)(( / C / "f'" . Part ' {'/ ,Y/L' - , _}-' i " L' 1/ / / /,,[/)/1.:' '" /,'" "'/ / ,/" ,';" 'r 'l f. J - ;' I . ./. /v, /"- \ j . -T" J. I~" I './ 3uant to Title 1, Divi- sion 7, ~cction 6500) of the Governme __.c 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. . .. 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. -2- . . 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. ATTEST: CITY OF FONTANA By: City Clerk (Seal) ATTEST: CITY OF RIALTO By: City Clerk (Seal) ATTEST: CITY OF COLTON By: City Clerk (Seal) -3- . : ATTEST: CITY OF SAN BERNARDINO ~#/nt?t'~~/ City Clerk . (Seal) ATTEST: By: td!~~/l~ 3j/$/?f' CITY OF REDLANDS By: City Clerk (Seal) APPROVED AS TO FORM AND LEGAL CONTENT.: James F. Penman,; City At.tomey. ~/.. ~~ I By: '. 7.#~ o -4- DMTOl68 BEST, BEST & KRIEGER A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ARTHUR L. L1TTLEWORTH * WILLIAM W. FLOYD, JR. GLEN E. STEPHENS * MICHAEL A. CRISTE * WILLIAM R. DEWOLFE * GREGORY L. HARDKE BARTON C.GAUT* KENDALL H. MAcVEY CHARLES D. FIELD * CLARK H. ALSOP PAUL T. SELZER * DAVID J. ERWIN * DALLAS HOLMES * MICHAEL J. ANDELSON * CHRISTOPHER CARPENTER* DOUGLAS S. PHILLlPS* RICHARD T. ANDERSON * CHARLES M. ELLIS * JOHN D. WAH L1N * LANTSON E. ELDR ED * MICHAEL D. HARRIS * IRWIN L. GOLDS W. CURT EALY * ANTONIA G. WEINER THOMAS S. SLOVAK * GREGORY K. WILKINSON JOHN E. BROWN * WYNNE S. FURTH RONALD J. KOHUT DAVID L. BARON MICHAEL T. RIDDELL * VIRGINIA A. ETTINGER MEREDITH A. JURY * EUGENE TANAKA MICHAEL GRANT * BASIL T. CHAPMAN FRANCIS J. BAUM * TIMOTHY M. CONNOR * ANNE T. THOMAS * VICTOR L. WOLF D. MARTIN NETHERY * DANIEL E. OLIVIER GEORGE M. REYES DANIEL J. M!<HUGH *A PROFESSIONAL CORPORATION LAWYERS CARL F. HERBOLD STEPHANIE K. HARLAN MARC E. EM PEY JOHN R. ROTTSCHAEFER MARTIN A. MUELLER J. MICHAEL SUMMEROUR HOWARD B. GOLDS MARGARET F. TANAKA JEFFERY J. CRANDALL SCOTT C. SMITH JACK B. CLARKE JEANNETTE A. PETERSON TERI L. VOLLNOGLE BARBARA E. KRISTAL BRIAN M. LEWIS GEORGE H. CHANT III RONALD A. VAN BLARCOM BRADLEY E. NEUFELD CECILIA S. WU MICHAEL E. HULME, JR. GEOFFREY K. WILLIS KANDY LEE ALLEN Lucy Martinez Deputy City Clerk City of San Bernardino P. O. Box 1318 San Bernardino, CA 92402 ELISE K. TRAYNUM DAVID A. BRANDENBURG WILLIAM D. DAHLING, JR. TERESA J. PRISTOJKOVIC VICTORIA N. KING BETTY S. N. AUTON MATT H. MORRIS JEFFREY V. DUNN JAMES E.NEUERBURG STEVEN C. DEBAUN BRANT H. DVEIRIN ERIC L. GARNER DENNIS M. COTA RAYMOND BEST (1868-1957) JAMES H. KRIEGER (1913-1975) EUGENE BEST (1893-1981) April 3, 1989 Re: Five Cities Joint Powers Agreement Dear Ms. Martinez: 400 MISSION SQUARE 3750 UNIVERSITY AVENUE POST OFFICE BOX 1028 RIVERSIDE, CALIFORNIA 92502 TELEPHONE (714) 686-1450 TELECOPIER (714) 686-3083 GORDON COLOGNE, OF' COUNSEL .JAMES B. CORISON, OF' COUNSEL RICHARD A. OSHINS, OF' COUNSEL ADMITTED IN NEW YORK, NEVADA. WASHINGTON, D.C. COURT OF' CLAIMS OF'F'ICES IN PALM SPRINGS (619) 325-7264 RANCHO MIRAGE (619) 568-2611 ONTARIO (714) 989-8584 SAN DIEGO (619) 457-4915 Please find enclosed executed by the Cities of Colton, Redlands, Fontana for the termination of the copies of Resolutions adopted San Bernardino, Rialto and Joint Powers Agreement. If you have any questions, please feel free to contact me. SCS/ph Enclosures Very truly yours, ~~~ Scott C. Smith for Best, Best & Krieger RESOLUTION NO. R-33-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON APPROVING THE AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT WHEREAS, on October 24, 1978 the City entered into a Joint Powers Agreement creating the Five City Economic Development Authority; and WHEREAS, the purpose of that Joint Powers Agreement has t-?en 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 City Council of the City of Colton that the Agreement for Termination of Joint Powers Agreement attached hereto as Exhibit "A" is hereby approved and adopted and the Mayor is G8thorized to execute the Agreement on behalf of the City. ADOPTED this 7 th day of March , 1989. ATTEST: ~ -1?Ja-~ ~ M~r, Cfty 0 - Olen y<ib.~a-~ City Clerk, City of Colton 7 8 9 10 11 12 13 (SEAL) 14 15 . 16 17 18 19 20 21 22 23 24 25 261 27 28 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss. 2 I CITY OF COLTON ) I 3 4 I, HELEN A. RAMOS, City Clerk of the City of Colton, California, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 City Council of said City and was approved by the Mayor of said City at a regular meeting of said City Council held on the 7th 6 day of March , 19~, and that it was so adopted as follows: AYES: Councilmember - Rios, Cisneros, Rehrer, Lofy, Mayor Gonzales. NOES: Councilmember - None. ABSENT: Councilmember - None. t/~~j 12. #~ City Clerk of the City of Colton. California STATE OF CALIFORNIA ) 'COUNTY OF SAN BERNARDINO ) ss. CITY OF COLTON ) I, HELEN A. RAMOS, City Clerk of the City of Colton, California, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. R-33-89 , and that the same has not been amended or repealed. DATED: 1n~ /() ,19.L2.. (SEAL) ~ &. 7fZu ~~ City Clerk of the City of Colton, California RESOLUTION NO. 3371 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO APPROVING THE AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT WHEREAS, on October 24, 1978 the City entered into a Joint Powers Agreement creating the Five City Economic Development Authority; and 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 City Council of the City of Rialto 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 7th day of March , 1989. ATTEST: 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 I 21 I I 22 I 23 ! II 24 2S 26 , :1 J' " 27 .1 'I II 28 n I S'fATE OF CALIFOP.NIA ) COUNTY OF SAN BE~~ARDINO) SSe CITY OF RIALTO ) I, JOSEPH H. SAMPSON, City Clerk of the City of Rialto, DO HEREBY CERTIFY that the foregoing Resolution No. 3371 was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 7th day of March 1989. Upon Motion of Councilrnember Sawver , seconded by Councilmernber Nix , the foregoing Resolution No. 3371 was duly passed and adopted. VOTE ON THE MOTION: AYES: Mayor Longville; Councilmembers: Sawyer, Nix, Zupanic and McClure NOES: None ABSEN'f: None IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this 13th day of March , 1989. CERTIFICATION I, DIANE M. YOUNG, Deputy City Clerk of the City of Rialto, County of San Bernardino, State of California, DO HEREBY CERTIFY that I have compared the annexed copy of: Resolution No. 3371 with the original on file in the Office of the City Clerk, 290 West Rialto Avenue, Rialto, California 92376, and that it is a true, complete and correct copy of the same as it appears in the records on file in that office remaining. SEAL IN WITNESS WHEREOF, I have hereonto set my hand and affixed the Official Seal of the City of Rialto, California on this 17th day of March , 1989. ~MU M'ML DIA M. YOUNG Deputy City Clerk City of Rialto, California ." RESOLUTION NO. 4485 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING THE AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT WHEREAS, on October 24, 1978 the City entered into a Joint Powers Agreement creating the Five City Economic Development Authority; and 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 City Council of the City of Redlands 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 7th day of March , 1989. ~~~d Mayor, City of Redlands ATTEST: ci~~ City of Redlands ... .: \ . RESOLUTION NO. 89-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING THE AGREEMENT FOR TERMINATION OF JOINT POWERS AGREEMENT WHEREAS, on October 24, 1978 the City entered into a Joint Powers Agreement creating the Five City Economic Development Authority; and 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 City Council of the City of Fontana 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 21st day of February , 1989. ATTEST: IJY\. ~v~X' 1 Y Clerk, City of Fontana .' ,. I, Martha R. Steenbock, City Clerk of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Fontana at a regular meeting held on the 21st day of February, by the following vote, to-wit: AYES: Mayor Simon, Council Members; Abernathy, Boyles, Kragness, Murray. NOES: None ABSENT: None ~~/~ ity Clerk of the City of Fontana APPROVED AS TO FORM: ~ ...-"'-=:;.-:; ~~~~__=:=:~~~_ .... ~ e,. .~