Loading...
HomeMy WebLinkAbout11-City Attorney 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. ~<,.,.,.; /') "" ,,-.I,:' ~ \".f "I l -,.-- /',-"~>:: -~ ....' , / i,~./_..: "':.iY;..:{...~/ -' '.' I..' 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 . 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 .. 1 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 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12/22/86 Mayor of the City of San Bernardino -2- 1 2 3 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 r-\ ...- . 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 -2- - ... 1 2 3 4 5 6 7 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 -3-