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HomeMy WebLinkAbout91-105025 RESOLUTION NO. 91-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 1 TO THE "FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY" WHEREAS, the County of Orange and the cities of Anaheim, Irvine, Mission viejo, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency (the "Agreement" and the "Agency"), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the city of Lake Forest (the "City") will become effective on December 20, 1991; and WHEREAS, the city intends to adopt an Ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City also intends to adopt a Resolution establishing the Areas of Benefit and fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City Council elect has requested admission as a party to the Agency; and WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent of each existing party to the Agency is required for admission of the City as a Party. NOW, THEREFORE, the City of Santa Ana hereby agrees to admit the city as a Party to the Agency, and authorizes its Mayor to sign and the Clerk of the Council to.attest Amendment No. 1 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency, attached hereto as Exhibit A. RESOLUTION NO. 91-105 PAGE TWO ADOPTED this ATTEST: , hice c. Guy ' Clerk of the Councl~l= COUNCILMEMBERS: Young ~lido Acosta Griset McGuigan Norton Richardson 18th day of November , 1991. Mayor APPROVED AS TO FORM: city Attorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~/~/O5-- to be the original resolution of the City of Santa Ana on adopted by the City Council ~CClerk of the council, Date City of Santa Ana AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY 027 SECTION 1. The Board of the Foothill/Eastern Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Lake Forest as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency, in addition to enactment of the Ordinance adopting the Major Thoroughfare and Bridge Fee Program of such Agency and the Resolution establishing the areas of benefit, estimated cost and required 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 entered into, pursuant to S~ctions 11.1 and 11.3 by and among the following public agencies, other than the City of Mission Viejo and the City of Lake Forest, as of the 21st day of October, 1988, the first date on which six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency, and is amended by this Amendment No. 3 to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies as of the day of , 1991, the date on which the last of such public agencies executed this Amendment No. 1 to such Agreement: (a) County of Orange (b) City of Anaheim (c) City of Irvine (d) City of Lake Forest (e) City of Mission Viejo (f) City of Orange (g) City of San Clemente (h) City of San Juan Capistrano (i) City of Santa Aha City of Tustin (k) City of Yorba Linda SECTION 3. Section 3.2 hereby is amended to read as follows: 3.2 BOARD. a. The Board shall consist of the following: ~x IBIT A 028 (i) One voting Board Member appointed by the legislative body of each of the following Parties pursuant to Section 3.1 above: the Cities of Anaheim, Irvine, Lake Forest, Mission Viejo, Orange, San Clemente, San Juan Capistrano, Santa Aha, Tustin and Yorba Linda. ATTEST: CLERK OF THE BOARD OF SUPERVISORS COUNTY OF ORANGE By: Dated: CHAIRMAN BOARD OF SUPERVISORS APPROVED AS TO FORM: By: COUNTY COUNSEL ATTEST: CLERK OF THE CITY OF ANAHEIM CITY OF ANAHEIM By: By: Dated: APPROVED AS TO FORM: MAYOR By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF IRVINE CITY OF IRVINE By: By: ~ Dated: APPROVED AS TO FORM: MAYOR By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF LAKE FOREST CITY OF LAKE FOREST O29 By: Dated: APPROVED AS TO FORM: By: MAYOR By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF MISSION VIEJO CITY OF MISSION VIEJO By: Dated: APPROVED AS TO FORM: By: MAYOR By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF ORANGE CITY OF ORANGE By: Dated: APPROVED AS TO FORM: By: MAYOR By: CITY ATTORNEY 080 ATTEST: CLERK OF THE CITY OF SAN CLEMENTE CITY OF SAN CLEMENTE By: Dated: APPROVED AS TO FORM: By: MAYOR By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SAN JUAN CAPISTRANO CITY OF SAN JUAN CAPISTRANO By: Dated: APPROVED AS TO FORM: By: MAYOR By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF SANTA ANA CITY OF SANTA ANA By: Dated: APPROVED AS TO FORM: By: MAYOR By: ~__ ATTEST: CLERK OF THE CITY OF TUSTIN CITY OF TUSTIN By: Dated: APPROVED AS TO FORM: By: MAYOR By: CITY ATTORNEY ATTEST: CLERK OF THE CITY OF YORBA LINDA CITY OF YORBA LINDA By: Dated: APPROVED AS TO FORM: By: MAYOR By: CITY ATTORNEY APPROVED AS TO FORM: By: COUNSEL FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY OR1: DLB: 264/3