Joint Exercise of Powers Agreement creating the RPV Improvement Authority - First Amendment 411
FIRST AMENDMENT TO JQINT EXERCISE OF POWERS AGREEMENT
This Agreement is dated June 18, 1996, and is between
the City of Rancho Palos Verdes ("City") and the Rancho Palos
Verdes Redevelopment Agency ("Agency") , referred to collectively
as "the Parties".
•
RECITALS
A. On September 4, 1990, the Parties entered into a
Joint Exercise of Powers Agreement which created a Joint Powers
Authority pursuant to state law for the purposes of implementing
certain provisions of the Reimbursement and Settlement Agreement
which was entered into by the City in connection with the
settlement of the Horan litigation.
B. The purpose of the creation of the Authority was to
utilize certain funds paid pursuant to the Reimbursement and
Settlement Agreement for the purpose of maintaining landslide
abatement improvements constructed by Agency as provided in the
Reimbursement and Settlement Agreement, excluding sewers.
C. Section 8 of the Joint Exercise of Powers
Agreement, as presentlydrafted, could be construed in a manner
which is inconsistent with the terms of the Reimbursement and
Settlement Agreement. Accordingly, it is necessary to amend that
Section to ensure that it is fully consistent with the terms of
the Reimbursement and Settlement Agreement. In addition, a
revision to Section 12 also would eliminate potential confusion
regarding the intent of that Section in light of other provisions
of the Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section i. Sections 8 and 12 of the Joint Exercise
of Powers Agreement are hereby amended to read as follows:
"Section 8. • , • • 0 • . . .N - 1 • I • ; • • I - .
of Pgrsonnel, Equipin nt or Property. The Parties may make
contributions from their respective treasuries in furtherance of
any or all of the purposes set forth in this Agreement. The
Parties may make payments of public moneys to defray the cost of
any or all of such purposes. The Parties may make advances of
public moneys for any or all of such purposes. Such advances
shall be repaid as may be provided by separate agreement
regarding advances which may be entered into between the
Authority and the Party or Parties making such advance. Person-
nel, equipment or property of any of the Parties to this
Agreement may be used in lieu of other contributions or advances.
The moneys may be paid to and disbursed bythe Authority, or by
any or all of the Parties.
The Authority may receive and dispose
of moneys pursuant to and in furtherance of the Reimbursement and
Settlement Agreement for the purposes set forth therein to
maintain landslide abatement improvements constructed byAgency,
enc g y'
excluding sewers and excluding g improvements constructed on
private property that are not owned by Agency, City or Authority.
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EXHIBIT "A" TO RESOL. NO. 96-48
PAGE 1 OF 2
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111
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These moneys shall be paid to the Authority and shall be
deposited into the special maintenance fund designated by the
Reimbursement and Settlement Agreement with two separate
accounts, one account for maintenance of the Abalone Cove area
improvements and the other account for maintenance of the
Portuguese Bend area improvements, and shall only be used or
expended by the Authority consistent with, pursuant to, and in
furtherance of the purposes set forth in the Reimbursement and
Settlement Agreement. Investment earnings on moneys set aside
for maintenance shall be used solely for the purpose of such
maintenance.
"Section 12. Obligations of Authority; Contracts for
Separat.g Responsibility. The debts, liabilities, and obligations
of the Authority shall not be the debts, liabilities, and
obligations of the Parties."
Section 2. The effective date of this Agreement
shall be June 18, 1996.
IN WITNESS WHEREOF, the undersigned have executed this
Agreement on the date indicated below.
DATED: June 18, 1996 •
CITY OF RANCHO PALOS VERDES
BY ��
Mayor o f C y f
C2:- /-
Ranch Pal s Ver s
ATTEST:
419 /
"C ty Clerk
Da ed: June 18, 1996 RANCHO PALOS VERDES REDEVELOPMENT
AGENCY
pj
By:
Chaff man o the ncho
Palo Verdes Re evelopment
Agency
ATTEST: 1
Secretary of the
Redevelopment Agency
• EXHIBIT "A" TO RESOL. NO. 96-48
PAGE 2 OF 2
RESOLUTION NO. 96 -48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AN AMENDMENT
TO THE JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
THE RANCHO PALOS VERDES REDEVELOPMENT
AGENCY
RECITALS:
A. The Joint Exercise of Powers Act, California Government Code
section 6500, et mg., ("the Act") provides that public agencies by agreement may
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jointly exercise any power common to the contracting parties.
B. The City of Rancho Palos Verdes ("City") and the Rancho Palos
Verdes Redevelopment Agency ("Agency") are "public agencies"within the meaning of
that term under Section 6502 of such Act.
C. Pursuant to the Act, the City and the Agency entered into a Joint
Exercise of Powers Agreement, dated September 4, 1990 ("Agreement"), which created
d
the Rancho Palos Verdes Improvement Authority("Authority"). The principal purpose
of the Authority
is to maintain improvements constructed by Agency in furtherance of
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the Reimbursement and Settlement Agreement dated October 13, 1987, byand among
the Cit
City, the Agency and the County of Los Angeles.
D. The City and the Agency desire to amend the Agreement as set forth
in the First Amendment To Joint Exercise of Powers Agreement, which is attached
hereto as Exhibit "A" and incorporated herein by this reference.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS
FOLLOWS:
Section 1. The Joint Exercise of Powers Agreement, dated September
1990, byP 4,
and between the City of Rancho Palos Verdes and the Rancho Palos Verdes
Redevelopment Agency, is hereby amended, as set forth in Exhibit "A" hereto. The
.noC ' C{ 0 0
Mayor is hereby authorized and directed for and on behalf of the City of Rancho Palos
Verdes, to execute and deliver such Amendment for and on behalf of the City.
PASSED, APPROVED and ADOPTED this 18th day of June, 1996.
1Sf MARILYN LYON
Mayor
ATTEST: •
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/S/ JO PURCELL
City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES • } SS
CITY OF RANCHO PALOS VERDES }
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 96-48 was duly and regularly passed and adopted by the City
Council at a regular meeting thereof held on June 18, 1996.
•
City Clerk
• City of Rancho Palos Verdes
RESOLUTION NO.96-48
PAGE 2 OF 2