HomeMy WebLinkAboutCC RESO 10,983RESOLUTION NO. 10,983
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 1 TO "JOINT
POWERS AGREEMENT OF 1972 BETWEEN THE
SOUTH BAY IRRIGATION DISTRICT AND THE
CITY OF NATIONAL CITY CREATING THE
SWEETWATER AUTHORITY"
WHEREAS, the South Bay Irrigation District and the City
of National City entered into a Joint Powers Agreement of 1972
Between the South Bay Irrigation District and the City of National
City Creating the Sweetwater Authority on Febnnary 3, 1972; and
WHEREAS, it is deemed to be in the best interests of
the City and its inhabitants and taxpayers that Amendment No. 1
thereto be executed providing an alternative procedure for
financing the acquisition of the Sweetwater System;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council
of the City of National City that the Mayor and City Clerk be
authorized and directed to execute Amendment No. 1 to "Joint
Powers Agreement of 1972 Between the South Bay Irrigation District
and the City of National City Creating the Sweetwater Authority",
a copy of which is attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of National City held on Tuesday, February 20,
1973, by the following vote, to wit:
AYES: Camacho, Pinson, Reid, Waters, Morgan
NOES: None
ABSENT: None
AMENDMENT NO. 1
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. 1 TO JOINT POWERS AGREEMENT
OF 1972, dated , 1972, is made
and entered into by and between 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 (herein-
after 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 "Sweetwater
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).
Exhibit " A"
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
Sweetwater System and SOUTH BAY and NATIONAL CITY are enter-
ing into this .Amendment No. 1 to 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. 1 to Joint Powers
Agreement of 1972
The Joint Powers Agreement of 1972 is hereby amended
to add Section 7.1 thereto to read as follows:
Section 7.1. ACQUISITION OF SWEETWATER
SYSTEM - ALTERNATIVE METHOD FOR BOND ELECTION:
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.
As an alternative to the procedure set forth
in Section 7, when the interlocutory condemnation judg-
ment is final, SOUTH BAY and NATIONAL CITY may elect
not to follow the procedure set forth in Section 7, and,
if they so elect, they shall cause The Sweetwater Water
System Corporation ("Corporation") to issue its bonds
pursuant to Section 15 of the Sweetwater Water System
Lease and Sublease. Upon acquisition of the Sweetwater
System and its being subject to the Lease and Sublease,
residual title shall still vest in SOUTH BAY and NATIONAL
CITY subject to the Lease and Sublease and possession
shall vest in the Sweetwater Authority for the purpose
of operation pursuant to this Agreement and the Authority
shall operate the Sweetwater System pursuant to the pro-
visions of the Indenture or Indentures providing for the
issuance of such bonds.
IN WITNESS WHEREOF, SOUTH BAY and NATIONAL CITY
have caused this Amendment No. 1 to Joint Powers Agreement
of 1972 to be signed by their respective officials hereto-
fore duly authorized by the legislative bodies thereof.
DATED: SOUTH BAY IRRIGATION DISTRICT
ATTEST:
Secretary
(SEAL)
DATED: C}!p - Yo. /9 73
ATTEST:
By
President
CITY OF NATIONAL CITY
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By
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