HomeMy WebLinkAbout1989 (04 03) Reso 89-032 Dana Point Inclusion177
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.
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~rreementCreatingtheSanJoaquinHillsTransportationCorridorAgency, 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
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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 ofthe 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
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