CC - 1998-37 - Adopting The first Amendment to San Grabiel Valley Council of Gov. Joint Powers AuthorityRESOLUTION NO. 98-37
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING AND ADOPTING THE FIRST AMENDMENT TO SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS JOINT POWERS AUTHORITY
AGREEMENT
WHEREAS, the San Gabriel Valley Council of Governments (SGVCOG) was established
by that certain Joint Powers Authority Agreement entered into as of
March 1, 1994; and
WHEREAS, the SGVCOG is contemplating approval of the Alamenda Corridor-East,
Gateway to America Project (Project); and
WHEREAS, the SGVCOG is in the process of undertaking environmental review of
such Project and is in the process of seeking and receiving funds for the
Project; and .
WHEREAS, any funds received by the SGVCOG for the Project will include restrictions
and responsibilities concerning such funds, imposed by Federal, State and
local entities, requiring the SGVCOG to monitor and control the spending
of such funds; and
WHEREAS, the administration of the Project and the day-to-day implementation of
the Project will require significant time and effort, which would detract from
the SGVCOG Governing Board's other duties and responsibilities; and
WHEREAS, the First Amendments to San Gabriel Valley Council of Governments Joint
Powers Authority Agreement would create the Alameda Corridor East-
Construction Authority which would have responsibility for the day-to-day
implementation of the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the First Amendment to San Gabriel Valley Council of Governments
Joint Powers Authority Agreement, attached hereto and incorporated herein
by this reference, is approved and adopted.
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED
ATTEST:
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I hereby certify that the foregoing Resolution No. 98-34 was duly and
regularly adopted by the Rosemead City Council at a regular meeting
held on the 25th day of August, 1998, by the following vote:
Yes: Vasquez, Taylor, Bruesch, Clark, Imperial
No: None; Absent: None; Abstain: None
City Clerk
the Project, the ACE Construction Authority, upon the assignment of
funds to it and subject to such restrictions imposed by Federal, State and
local Governmental entities and by the SGVCOG Governing Board, shall
have the following powers to act on behalf of the San Gabriel Valley
Council of Governments:
(1) To make and enter into contracts, including public works
contracts and contracts for design, materials and
construction, and for the services of engineers, consultants,
planners, and single purpose public or private groups, on
behalf of and in the name of the SGVCOG;
(2) To employ agents, officers and employees;
(3) To acquire, by purchase or eminent domain, construct,
reconstruct, rehabilitate, maintain in whole or in part, on
behalf of and in the name of the SGVCOG, land, facilities
and appurtenances necessary or convenient for the
completion of the Project;
(4) To lease, manage, maintain, and operate on behalf of and in
the name of the SGVCOG any buildings, works or
improvements; and
(5) To provide for or obtain insurance for the SGVCOG and
members of the ACE Construction Authority, and their
agents, officers, and employees.
b. The powers of the ACE Construction Authority shall be exercised only in
furtherance of the Project and may be further limited and/or expanded by
the SGVCOG by-laws, as adopted or amended by the Governing Board.
C. The ACE Construction Authority shall be comprised of nine (9) members,
the qualifications for which shall be set forth in the by-laws. The ACE
Construction Authority shall consist of one member from each municipal
jurisdiction within which the Project, or any phase thereof, will be
constructed; one member from each non-member jurisdiction: (the City of
Los Angeles, the County of Los Angeles and the City of Pico Rivera); and
the President of the SGVCOG, or his or her delagee. For non-SGVCOG
member jurisdictions, participation on the Committee shall require an
agreement between the non-member jurisdiction and the SGVCOG by
which the non-member jurisdiction agrees to be bound by this Amendment
and the SGVCOG by-laws governing the ACE Construction Authority.
d. It is contemplated that the SGVCOG will receive funds to be used for the
Project from various federaj, state and local funding sources and that the
Ref#: 548.2
receipt of such funds will be conditioned by regulation, law or agreement.
The Governing Board shall have control of all such funds until such time
as responsibility for management and/or use of the funds is transferred to
the ACE Construction Authority by the Board by appropriate Board
Action. Such Action, in additional to the delegation of annual budgeting
authority, may contain restrictions on the use of such funds and on the
ACE Construction Authority, in addition to any found in the Board-
adopted by-laws, and as is required by Federal, State and local entities and
the SGVCOG.
e. The ACE Construction Authority may be dissolved by the Board upon a
majority (50% + 1) vote. In the event that the Committee is dissolved by
the Board, the Board shall succeed to the rights, responsibilities,
obligations and duties of the ACE Construction Authority."
SECTION 2. This Amendment to the San Gabriel Valley Council of Governments Joint
Powers Agreement shall be effective September 17, 1998 if fifty percent (50%) plus one
(1) of the members of the SGVCOG have signed this Amendment by that date. If not,
then the effective date shall be the first date upon which fifty (50%) plus one (1) of the
members sign this Amendment. This Amendment may be executed in counterparts.
The members of the San Gabriel Valley Council of Governments have caused this
Amendment to be executed on their behalf, respectively, as follows:
RA 548.2
(Attest:
City Clerk]