HomeMy WebLinkAbout2013-058 RESOLUTION NO. 2013-58
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, CONSENTING TO THE SAN
3 BERNARDINO INTERNATIONAL AIRPORT AUTHORITY RIGHT OF WAY
4 ACQUISITION PROCEDURES TO BE UNDERTAKEN, PURSUANT TO THE SAN
BERNARDINO INTERNATIONAL AIRPORT AUTHORITY JOINT POWERS
5 AGREEMENT.
6 WHEREAS, the City of San Bernardino, California (the "City") is a municipal
7 corporation and charter city, duly organized and existing pursuant to the provisions of the
8 constitution of the State of California; and
9 WHEREAS, the San Bernardino International Airport Authority (the "SBIAA") is a
10 joint powers authority, duly organized and existing pursuant to the provisions of the Joint
11 Powers Agreement dated May 20, 1992, as amended (the "Joint Powers Agreement"), by and
12 among the City of San Bernardino, the City of Colton, the City of Loma Linda, the City of
13 Highland, and the County of San Bernardino (collectively referred to as the "Parties" and
14 individually as a "Party") for the purposes of assisting in the conversion of the former Norton
15 Air Force Base to civilian commercial, airport, and aeronautical uses in furtherance of the
16
continued maintenance, development, and operation of the San Bernardino International
17 Airport; and
18
WHEREAS, the Joint Powers Agreement provides that SBIAA has the powers
19
common to the Parties to the Joint Powers Agreement, including the power to acquire
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property in furtherance of the operation of the Airport Facility; and
21
WHEREAS, the Joint Powers Agreement limits SBIAA's exercise of the power of
22
eminent domain to acquire property in the territorial jurisdiction of one of the Parties without
23
first obtaining the consent of that Party by a four-fifths (4/5) vote of the Party's legislative
24
25 body; and
26 WHEREAS, SBIAA desires to use its power of eminent domain to acquire rights of
27 way for street and infrastructure improvements along portions of Mountain View Avenue,
28 Third Street, Fifth Street, and Del Rosa Avenue as generally depicted on Attachment A,
2013-58
1 together with such other or additional streets or properties necessary or incident to such
2 project (collectively the "Rights of Way"); and
3 WHEREAS, SBIAA hereby acknowledges and accepts responsibility for all costs and
4 expenses related to any and all rights of way acquisition activities; and
5 WHEREAS, all acquisitions carried out by SBIAA will be pursuant to Federal, State
6 and local laws; and
7 WHEREAS, any exercise by SBIAA of its power of eminent domain to acquire the
8 Rights of Way requires the consent of the Common Council of City of San Bernardino
9 pursuant to the terms of the Joint Powers Agreement.
10
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
11 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
12
SECTION 1. The Mayor and Common Council find that the above-stated Recitals
13
are true and hereby adopt and incorporate them herein.
14
SECTION 2. Findings of Fact.
15
A. The properties that will be subject to the Rights of Way are
16
within the territorial jurisdiction of City of San Bernardino.
17
B. The City of San Bernardino has the right and power to consent
18
to SBIAA's use of its power of eminent domain to acquire the Rights of Way in the territorial
19
jurisdiction of the City of San Bernardino.
20
21 SECTION 3. The City of San Bernardino hereby consents to SBIAA's exercise of its
22 powers of eminent domain to acquire the Rights of Way, provided that SBIAA is solely
23 responsible for all costs and associated legal expenses related to such exercise of its powers.
24 SECTION 4. This Resolution shall take effect upon its adoption by the Mayor and
25 Common Council of the City of San Bernardino.
26 ///
27 "I
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2013-58
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, CONSENTING TO THE SAN BERNARDINO
2 INTERNATIONAL AIRPORT AUTHORITY RIGHT OF WAY ACQUISITION
PROCEDURES TO BE UNDERTAKEN, PURSUANT TO THE SAN BERNARDINO
3 INTERNATIONAL AIRPORT AUTHORITY JOINT POWERS AGREEMENT.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5
and Common Council of the City of San Bernardino at a j o'nt regular meeting
6
7 thereof, held on the 18th day of March , 2013, by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10
JENKINS x
11
12 VALDIVIA x
13 SHORETT x
14 KELLEY x
15 JOHNSON x
16 MCCAMMACK x
17
18
19 Georg;. Hanna, ¶ty Clerk
20 The foregoing resolution is hereby approved this at ay of March , 2013.
21
22 atr ck J. Morris, ayor
23 City of San Bernardino
Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
26
27
28
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