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HomeMy WebLinkAbout89-032-- 177 RESOLUTION NO, 89-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING At4ENDFIENT NO. 1 TO THE FIRST ANENDED AND RESTATED ,JOINT EXERCISE OF POldERS AGREEHENT CREATING THE SAN JOAOUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County' of Orange and the Cities of Costa ' Mesa, Irvine, M/sslon ¥iejo, Newport Beach, San Clemente, 8an Juan Ca, pistrano and Santa Aha have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Tr .an.s. portation Corr/dor Agency (the "Agreement" and the"Agency"), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Dana Point (the "City") bec,,,~e effective on January 1, 1989; and WHEREAS, the City has adopted Ordinance No. 89-8, adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHE]tl~.&S, the City also has adopted Resolution No. 89-31, establishing the Axesa of Benefit and fees for such Major Thoroughfare and BridgeFee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City has requested arlm{ssion as a party to the Agency; and WHE]t~,~S, Section 9.1 of the Agreement provides that the une.~mous consent of each existing party to the Agency is requ/red for a&mlAsion of the City as a Party. NOW, THEREFOHE, the City of Santa Ana hereby agrees to a&mlt the City as a Party to the Agency, and authorizes its Mayor to sign and Clerk to atteet ~mendment No. I to the First Amended and P, estatod Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached hereto as Exhibit A. RESOLUTION NO. 89-32 PASSED, APPROVED AND ADOPTED this 3rd day April ,1989. ATTEST: Clerk of the City of Santa Ana City Att~ff~e~_.~) CITY OF SANTA ANA B~yor COUNCILMEMBERS: YOUNG Aye ACOSTA Aye GRISET Absent MAY A,ye McGUIGAN Aye PULIDO Absent AMENDMENT NO. 1 FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of the San Joaquin Hills Transportation Corridor Agency lmposecl no terms and conditions upon the participation of the City of Dana Pohlt as a Party to the Agency pursuant to Section 9.1 of the F~rst Amended and Restated Joint Powers A~rreement Creating the San Joaquin Hills Transportation Corridor Agency, m addition to enactment of the or&!nance adopting the MajorThoroughfare and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and requ~ed fees. SECTION 2. The first paragraph of such Agreement hereby is amended to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entere~ into, pursuant to Sections 11.1 and 11.$ by and among the followingpublic agencies, other than the City of Dana Point, as of the 1?th day of October, 1988, the first date on which six or more of such public agencies executed tiffs First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 1. to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies as of the __ day of~, 1989, the date on which the last of such public agencies executed this Amendment No. i to such Agreement: (a) County of Orange (b) City of Costa Mesa (c) City of Dana Point (d) City of Irvine (e) City of Mission Viejo (f) City of Newport Beach (g) City of San Clemente (h) City of San Juan Capistrano (i) City of Santa Aha EXHIBIT A Page 1 of 4 --'183 SECTION 3. Section 3.2 hereby is amended to read as foUows: ·.. 3.2 BOARD. a. The Board shall consist of the following: (i) One voting Board Member appointed by the legislative body of each of the foUowing Parties, pursuant to Section 3.1above; the Cities of Costa Mesa, Dana Point, Irvine, Newport Beach, San Clemento, San Juan Capistrano, Mission Viejo and Santa Ana. ATTEST: Clerk of the Board of Supervisors Dated COUNTY OF ORANGE Chairman Board of Supervisors APPROVED AS TO FORM: By:. County Counsel ATTEST: Clerk of the City of Dana Point Dated. APPROVED AS TO FORM: CITY OF DANA POINT City Attorney EXIrmlT A Page 2 of 4 185 A~IEST: Clerk of the City of Irvine By:. Dated. APPROVED AS TO FORM: CITY OF IRVINE By: City Attorney ATYEST: Clerk of the City of Mission Viejo By: Dated APPROVED AS TO FORM: CITY OF MISSION VIEJO By:. Mayor B~i~y Attorney A~I'EST: Clerk of the City of San Clemente By:. Dated, APPROVED AS TO FORM: By:. City Attorney CITY OF SAN CLEMENTE EXHIBIT A Page 3 of 4 157 ATTEST: Clerk of the City of San Juan Capistrano By: APPROVED AS TO FORM: CITY OF SAN JUAN CAPISTRANO B~a~r BY:city Attorney ATTEST: Clerk of the City of Santa Aha ~/Ja~ice C. Guy, Cl~rkxc~/the Dated April 3~ 1989 ~ APPROVED AS TO FORM: Council CITY OF SANTA ANA EXHIBIT A Page 4 of 4