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HomeMy WebLinkAboutCC RESO 12,354RESOLUTION NO. 12,354 DESIGNATION OF TERMS OF MEMBERS OF THE ADVISORY AND APPEALS BOARD BE IT RESOLVED by the City Council of the City of National City that the Advisory and Appeals Board created by Ordinance No. 1324 shall function under the following terms and conditions: SECTION 1. At the first regular meeting of the Advisory and Appeals Board following the effective date of Ordinance No. 1562 , the seven (7) members of the Advisory and Appeals Board appointed prior to March 15, 1977, shall draw lots to determine the terms of office of said members. At said meeting seven (7) lots shall be drawn, one for each member appointed prior to March 15, 1977. Two lots shall be marked "A", and the terms of office of the drawers thereof shall expire February 28, 1978. Two more lots shall be marked "B", and the terms of office of the drawers thereof shall expire February 28, 1979. Two more lots shall be marked "C", and the terms of office of the drawers thereof shall expire February 29, 1980. One additional lot shall be marked "D", and the term of office of the drawer thereof shall expire February 28, 1981. The chairman shall draw lots on behalf of any absent member. PASSED AND ADOPTED this 24th day of May, 1977. ATTEST: IONE CAMPBELL AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT OF 1972 BETWEEN THE SOUTH BAY IRRIGATION DISTRICT AND THE CITY OF NATIONAL CITY CREATING THE SWEETWATER AUTHORITY THIS AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT OF 1972, dated February 1, 1972, is made and entered into by and be- tween the SOUTH BAY IRRIGATION DISTRICT (hereinafter sometimes referred to as "SOUTH BAY"), an irrigation district organized and existing under the Irrigation District Law of the State of California (Division 11 of the Water Code), and the CITY OF NATIONAL CITY (hereinafter sometimes referred to as "NATIONAL CITY"), a municipal corporation organized and existing under the laws of the State of California (Title 4 of the Government Code). RECITALS SOUTH BAY and NATIONAL CITY and the residents In each of them are served by the water supply and distribution system owned by the California -American Water Company, which system. is known as the Sweetwater District of the San Diego Bay Division (hereinafter sometimes referred to as "Sweet- water System"). SOUTH BAY and NATIONAL CITY are in the process of acquiring the Sweetwater System by means of an eminent domain proceeding (San Diego Superior Court No. 306441). SOUTH BAY and NATIONAL CITY have found it to be in the best interests of each public agency and the residents of each of them to create the "SWEETWATER AUTHORITY" and for such purpose have entered into the "Joint Powers Agreement of 1972 Between the South Bay Irrigation District and the City of National City Creating the Sweetwater Authority" ("Joint Powers Agreement of 1972"). It now appears that there is an alternative method of financing the acquisition of the Sweet- water System and SOUTH BAY and NATIONAL CITY are entering into this Amendment No. 2 to the Joint Powers Agreement of 1972 to keep this alternative available. NOW, THEREFORE, SOUTH BAY AND NATIONAL CITY, FOR AND IN CONSIDERATION OF THEIR MUTUAL PROMISES AND AGREEMENTS HEREIN CONTAINED, DO AGREE AS FOLLOWS: SECTION 1. Amendment No. 2 to Joint Powers Agreement of 1972. The Joint Powers Agreement of 1972 is hereby amended to add Section 7.2 thereto to read as follows: "Section 7.2. ACQUISITION OF SWEETWATER WATER SYSTEM - SECOND ALTERNATIVE METHOD FOR BOND ELECTIONS: "SOUTH BAY and NATIONAL CITY shall prosecute the eminent domain proceeding (San Diego Superior Court No. 306441) to final Judgment as provided in Section 7. -2- "As an alternative to the procedures set forth in Sections 7 and 7..1, SOUTH BAY and NATIONAL CITY may elect not to follow either or both of the procedures set forth in said Sections 7 and 7.1, and may elect instead of or in addition to such procedures to follow the procedures set forth in this Section 7.2. "SOUTH BAY and NATIONAL CITY are proceeding in accordance with the Revenue Bond Law of 1941 (commencing with Government Code Section 54300), hereinafter sometimes referred to as "Revenue Bond Law," to authorize and issue revenue bonds pur- suant to said Revenue Bond Law .for the purpose of providing funds for the acquisition, improving and financing of the Sweetwater System, including: the total acquisition cost, all legal fees, engi- neering and expert witness fees and other costs and expenses of the eminent domain proceedings; cost of the revenue bond election and of the sale and issuance of the revenue bonds; bond reserve funds; working capital; and other costs and expenses incidental to or connected with such acquisition, construction and financing as authorized by the Revenue Bond Law of 1941 to be included in deter- mining the amount of bonds to be issued. SOUTH BAY and NATIONAL CITY are each conducting separate revenue bond elections, pursuant to said Revenue Bond Law, within each of their own boundaries, for the maximum amount necessary to accomplish the above stated purpose, to wit: $22,500,000. "Upon approval of the bond proposition by the voters in SOUTH BAY and NATIONAL CITY, or either thereof, sufficient bonds shall be sold by SOUTH BAY or NATIONAL CITY to pay the total cost of acquisition and to provide funds for the related purposes above set forth. As soon as money is available from the sale of such bonds, sufficient funds shall be paid or deposited to comply with the Agreement Re Final Order of Condemnation in proceeding No. 306441, which Agreement was by Order of the Court on April 16, 1977. said approved "Although SOUTH BAY and NATIONAL CITY have each submitted propositions for the total amount of bonds needed ($22,500,000), it is the intent of this Section 7.2 that SOUTH BAY and/or NATIONAL CITY will not be duplicating the financing. That is to say, the total amount of bonds to be issued, regardless of which issuer is involved, will be $22,500,000 and not in excess thereof. The revenue -4- bonds can only be paid from the revenues of the Sweetwater System as it may exist from time to time. Based upon which alternative is the most advantageous financially, SOUTH BAY or NATIONAL CITY shall issue up to $22,500,000 total amount of bonds. Once the total amount of bonds ($22,500,000) has been issued, the unissued bonds of the other party shell be cancelled. "The Sweetwater Authority shall operate the system on behalf of SOUTH BAY and NATIONAL CITY. The only change being made in this Agreement is to add thereto an alternative method of financing. The method of operating the Sweetwater System shall be as has been provided in other sections of the Joint Powers Agreement of 1972. SOUTH BAY and NATIONAL CITY shall each cooperate to the end that the result of proceeding pursuant to this Section 7.2 will be only a financing change and not a change in the operation of the Sweetwater System." -5- IN WITNESS WHEREOF, SOUTH BAY and NATIONAL CITY have caused this Amendment No. 2 to Joint Powers Agreement of 1972 to be signed by their respective officials heretofore duly authorized by the legislative bodies thereof. DATED: SOUTH BAY IRRIGATION DISTRICT By ATTEST: Secretary (SEAL) President DATED: CITY OF NATIONAL CITY ATTEST: City Clerk (SEAL) By Mayor -6-