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HomeMy WebLinkAbout92-020 RESOLUTION NO. 92-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT NO. 2 TO THE "FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATINO 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 "Joint Powers Agreement" and the "Agency"), which Agreement became effective on October 21, 1988; and WHEREAS, the city of Dana Point (The "City") intends to adopt an Ordinance, adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Joint Powers Agreement; and WHEREAS, the City 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 Joint Powers Agreement; and WHEREAS, the City has requested admission as a party to the Agency; and WHEREAS, Section 9.1 of the Joint Powers 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. 2 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. 92-020 PAGE TWO ADOPTED this 2nd day of March , 1992. ATTEST: COUNCILMEMBERS: Young Aye Pulido ~ Acosta ~ Griset ~ McGuigan ~ Norton Absent Richardson Aye Mayor APPROVED AS TO FORM: CERTIFICATE OF ORIGINALITY State of california County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~--6;~ ~) to be the original resolution adopted by the City Council of the City of Santa Ana on Clerk of the Council, Date city of Santa Ana AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of the Foothill/Eastern Transportation Corridor Agency imposed no terms and conditions upon the participation of the City of Dana Point 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 ss follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Mission Viejo, the City of Lake Forest and the City of Dana Point, 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. 2 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. 2 to such Agreement: (a) County of Orange (b) City of Anaheim City of Dana Point (d) City of Irvine (e) City of Lake Forest (f) City of Mission Viejo (g) City of Orange (h) City of San Clemente (i) City of San Juan Capistrano City of Santa Ana (k) City of Tustin (1) City of Yorba Linda ORi:DLB:239 SECTION 3. Section 3.2 hereby is amended to read as follows: 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 following Parties pursuant to Section 3.1 above: the Cities of Anaheim, Dana Point, Irvine, Lake Forest, Mission Viejo, Orange, San Clemente, San Juan Capistrano, Santa Aha, Tustin and Yorba Linda. ATTEST: CLERK OF THE BOARD OF SUPERVISORS Dated APPROVED AS TO FORM: COUNTY OF ORANGE By: COUNTY COUNSEL ATTEST: CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: CITY OF ANAHEIM ORi:DLB:239 ATTEST: CLER~ OF *~.~ CITY OF DANA POIN[~ Dated: APPROVED AS TO FORM: CITY OF DANA POINT By: MA¥OF J ~ ATTEST: CLERK OF THE CITY OF IRVINE APPROVF. D A~ TO FORM: By: ~VI~TY ATTOI~NEY ATTEST: CLERK OF THE CITY OF LAKE FOREST CITY OF IRVINE CITY OF LAKE FOREST I,~¥OR ORI:DLB:239 '. IGo ATTEST: CLERK OF THE CITY OF MISSION VIEJO ~P~ROYED AS FO ~ORM: CITY ATTORNEY CITY OF MISSION VIEJO By: r ~ MAYOR ATTEST: CLERK OF THE CITY OF ORANGE A~PROYED ;,$ TO FORM: CITY OF ORANGE 'C~TY ATTORNEY ATTEST: CLERK OF TIlE CITY OF SAN CLEMENTE By: Dated: APPROVED AS TO FORM: CITY OF SAN CLEMENT~-~-'-~'x C~r~/~Tdl~NEY ORi:DLB:239 ATTEST: CLERK OF THE CITY OF SAN JUAN CAPiSTRANO CITY OF SAN JUAN CAPISTRANO Dated: ~ ~' , MAYOR APPROVED AS TO FORM: By: ~ ATTEST: CLERK OF THE CITY OF SANTA ANA APPROVED AS TO FORM: By: ~ CITY OF SANTA ANA  MAYOR ' By: ~ ATTEST; CLERK OF T}IE CITY OF TUSTIN By: - ~ CITY OF TUSTIN By: ORI:DLB:239 ATTEST: CLERK OF THE CITY OF YORBA LINDA By: Dated: APPROVED AS TO FORM: By: ciTY A~dR~E9 ( (" ,~'~-~>/ CITY OF YORBA LINDA i~IA~/OR '. APPROVED AS TO FORM: By: COUNSEL FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY OR1 :DLIt :273 ORi:DLB:239