Resolution - 8278RESOLUTION NO. 8278
• A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING AND
TERMINATING BY MUTUAL CONSENT THE JOINT
• EXERCISE OF POWERS AGREEMENT, SAN GABRIEL
VALLEY FIRE AUTHORITY
• WHEREAS, the Joint Exercise of Powers Agreement,
San Gabriel Valley Fire Authority provides that any
amendment to the Agreement must be adopted by the Board of
Directors of the Authority and ratified by the City Councils
of the Cities of West Covina and Covina as the Member
Agencies; and
WHEREAS, the Board of Directors of the Authority
has adopted or is about to consider adopting an amendment to
the Agreement to allow for termination of the Agreement by
mutual consent of the City Councils of the Member Agencies;
and
WHEREAS, the City Councils of the Cities of West
Covina and Covina have previously recognized that
fundamental differences and conflicts of interest make
necessary the dissolution of the Authority as soon as
practical and possible; and
WHEREAS, because of the administrative tasks that
must be completed and the legal requirements that must be
satisfied for an orderly transition of fire services back to
the Member Agencies, the first practical or possible date
for dissolution to become effective is February 1, 1989.
NOW, THEREFORE, the City Council of the City of
West Covina does resolve as follows:
Section 1. The "First Amendment to Joint Exercise
of Powers,Agreement, San Gabriel Valley Fire Authority",
attached hereto as Exhibit "A" and made a part hereof by
this reference, is hereby ratified.
Section-2. With the mutual consent of the City
Council of the City of Covina, the Joint Exercise of Powers
Agreement, San Gabriel Valley Fire Authority shall terminate
as of February 1, 1989..
Section 3. The Mayor shall sign and the City Clerk
shall certify to the passage and adoption of this Resolution
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and the same shall take effect immediately. The City Clerk
shall forthwith transmit a duly executed copy of this Resolution to
the City Council of the City of Covina.
PASSED AND ADOPTED THIS 28th DAY OF NOVEMBER, 1988
City of West Covina
t`1a I
Nancy Manner
ATTEST:
Janet —Berry, City Clerk Jest Covina
hereby certify that the foregoing Resolution was duly adopted
by the City'Council of the City of West Covina, California, at a regular
meeting thereof held on the 24th day of October, 1988.
AYES: Councilmember: McFadden, Lewis, Bacon, Planners
NOES: Councilmember: Tarozzi
ABSENT: Councilmember: None
APPROVED AS TO FORM:
tF�[i2 CA -LW
City Attorney
Janet B
V�
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rvllinIT A
FIRST AMENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT
SAN GABRIEL VALLEY FIRE AUTHORITY
This First Amendment to the Joint Exercise of
Powers Agreement, San Gabriel Valley Fire Authority (the
"Agreement") is entered into by and between the City of
Covina and the City of West Covina, member agencies
signatory to the Agreement (the "Member Agencies").
WITNESS
WHEREAS, the Agreement provides for termination at
certain specified time; and
WHEREAS, the Member Agencies have recognized the
benefit of being able to terminate the Agreement by mutual
consent at any time.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE
PROMISES AND THE MUTUAL ADVANTAGES TO BE DERIVED THEREFROM,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
FIRST AMENDMENT
Section 9.5 is added to ARTICLE IX TERMINATON to
read as follows:
"Section 9.5. Termination by mutual
consent. Notwithstanding the provisions
of sections 9.2 and 9.4 to the contrary,
this Agreement may be terminated at any
time by mutual consent of the city
councils of all of the member agencies.
The provisions of Section 9.3 shall apply
to a termination pursuant to this
section."
EXECUTION OF FIRST AMENDMENT
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed and attested by their proper
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officers thereupon duly authorized and their official seals
to be hereto affixed on the dates as shown herein.
ATTEST:
. A d
City Clerk, City of Covina
APPROVED AS TO FORM:
City Attorney, City of Covina
May r, City of ovina
ATTEST:
City Clerk, City of est Covina
APPROVED AS TO FORM:
c
City Attorney, City of West Covina
Mayor, Ci o West Covina
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cjk/AGR2660