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CIT\. OF SAN BERNARDIl...J - REQUE\.. r FOR COUNCIL AC1..
From:
Ralph H. Prince
Subject: Amendment to JPA Establishing
Highland-Delmann Heights Quality
Water Supply Authority
Dept:
City Attorney
Date: December 23, 1986
Synopsis of Previous Council action:
12/17/84 Adopted Resolution No. 84-535 approving establishment of
Joint Powers Authority and authorizing and directing the
execution of a Joint Powers Agreement establishing
Highland-Delmann Heights Quality Water Supply Authority.
10/8/86 Adopted Resolution No. 86-416 authorizing the execution
of an amended Joint Powers Agreement establishing
Highland-Delmann Heights Quality Water Supply Authority.
Recommended motion:
Adopt resolution.
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Signature
Phone:
5055
Contact person:
William Sabourin
Ward:
4, 7
Supporting ~ata attached:
Yes
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
N/A
Finance:
Council Netes:
75-0262
Agenda Item No.
/1
CIT.. OF SAN BERNARDII~ ) - REQUE r FOR COUNCIL AC. _~N
STAFF REPORT
The Highland-Delmann Heights Quality Water Supply Authority
was created by a joint powers agreement for the purpose of
acquiring the Delmann Heights Water System and the Highland
Water System of the Southern California Water Company. In
proceeding with the eminent domain action, it was discovered
that in the event either the City or the East Valley Water
District abandoned the eminent domain proceeding for whatever
reason, that liability for costs and expenses and severance
damages associated with such abandonment were not clearly
established. This amendment to the amended joint powers
agreement determines such liability and provides that in the
event of an abandonment by either the City or the District,
all costs and expenses associated with the entire eminent
domain proceeding shall be paid by the parties on a prorata
basis and that severance damages caused by any such
abandonment shall be paid by the abandoning party.
75-0264
10/23/86
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO AMENDED JOINT POWERS AGREEMENT
3 ESTABLISHING HIGHLAND-DELMANN HEIGHTS QUALITY WATER SUPPLY
AUTHORITY TO PROVIDE FOR COSTS, EXPENSES AND SEVERANCE 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 Authoriey with the
11 East Valley Water District to provide for costs, expen... an4~ '
, ..... /....;...(.~ .,. .,"......
'1$'- ,.
12 severance damages which may be caused by any abandonment ot)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
meeting thereof, held on
19 the
day of
1987, by the following vote,
20 to wit:
21
22
AYES:
Council Members
23 NAYS:
24 ABSENT:
25
26
27 / / / / /
28
City Clerk
/ / / / /
12/22/86
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The foregoing resolution is hereby approved this
day
2 of
, 1987.
3
4
5 Approved as to form:
L;(d~~~/
7 c1 ty A orney
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12/22/86
Mayor of the City of San Bernardino
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FIRST AMENDMENT TO
AMENDED JOINT POWERS AGREEMENT
ESTABLISHING
HIGHLAND-DELMANN HEIGHTS QUALITY WATER SUPPLY AUTHORITY
4 THIS FIRST AMENDMENT TO AMENDED JOINT POWERS AGREEMENT
5 ESTABLISHING HIGHLAND-DELMANN HEIGHTS QUALITY WATER SUPPLY
6 AUTHORITY is entered into this
day of
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 A, 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-Delmann 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 Delmann Heights Systems. upon an order of immediate possession
28 and subsequent acquisition of the Highland and Delmann Heights
12/22/86
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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
J
10 eminent domain proceeding, for whatever reason, all costs a~d
11 expenses associated with the entire eminent domain pr~e~d1ng ahal
,
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.
27 / / / / /
28
/ / / / /
12/22/86
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CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
Approved as to form:
/~~
City torney
EAST VALLEY WATER DISTRICT
8 ATTEST:
9
By
Chairman of the Board
10 Secretary of Board
11 Approved as to form:
12
13 Attorney for District
14
CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
15 ATTEST:
16
By
President
12/22/86
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