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HomeMy WebLinkAboutResolution No. 2018-C69RESOLUTION NO. 2018-C69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TERMINATING THE SEPTEMBER 11, 1979 JOINT POWERS AGREEMENT ENTERED INTO BETWEEN THE CITIES OF WEST COVINA, COVINA, AZUSA AND GLENDORA AND DISSOLVING THE HUMAN SERVICES CONSORTIUM OF THE EAST SAN GABRIEL VALLEY THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, on or about September 11, 1979, the Cities of West Covina, Covina, Azusa and Glendora entered into a Joint Powers Agreement ("Agreement") pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500, et seq.) of the California Government Code to create a separate public entity known as the Human Services Consortium of the East San Gabriel Valley ("Consortium"); and WHEREAS, the Consortium is also commonly known as LA Works; and WHEREAS, the Agreement was subsequently amended three (3) times; and WHEREAS, California Government Code §6508.1, in effect on and subsequent to the effective date of the Agreement, states in relevant part that: "If the agency is not one or more of the parties to the agreement but is a public entity, commission, or board constituted pursuant to the agreement, the debts, liabilities, and obligations of the agency shall be debts, liabilities, and obligations of the parties to the agreement, unless the agreement specifies otherwise." (Emphasis added); and WHEREAS, the Agreement provides that the debts, liabilities and obligations of the Consortium do not constitute the debts, liabilities or obligations of any party to the agreement; and WHEREAS, the Agreement provides that the Agreement, and the activities engaged in pursuant to it, shall be terminated not longer than one hundred and ninety days after a majority of the signatory parties mutually agree in writing to terminate the Agreement; and WHEREAS, the City Council of the City of Azusa desires to: 1) affirm and ratify its withdrawal from the Consortium, effective December 21, 2018; 2) dissolve the Consortium; and 3) terminate the Agreement, and all of the activities engaged in by the Consortium pursuant to the Agreement, effective December 21, 2018. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa hereby: 1) affirms and ratifies the City's withdrawal from the Consortium, effective December 21, 2018; 2) approves the dissolution of the Consortium; and 3) approves the termination of the September 11, 1979 Joint Powers Agreement, as Amended, entered into between the Cities of West Covina, Covina, Azusa and Glendora pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500, et seq.) of the California Government Code to create a separate public entity known as the Human Services Consortium of the East San Gabriel Valley. The termination of the Agreement, as Amended, shall be effective on December 21, 2018. SECTION 2. The Mayor is hereby authorized to execute the Agreement to Terminate the September 11, 1979 Joint Powers Agreement entered into between the Cities of West Covina, Covina, Azusa and Glendora and Dissolve the Human Services Consortium of the East San Gabriel Valley SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions. PASSED, APPROVED and ADOPTED this 3rd day of December, 2018. Istliq Romero Rocha Mayor ATTEST: J r a ce Cornej�r. -ity Clerk 45635.01000\31537618.1 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2018-C69 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 3rd day of December, 2018, by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Noll 111111"O&A o/r. 'A WE APPROVED AS TO FORM: Best, B ,st & Krieger, I., P City Alt 1ey 4563 5.01000\31537618.1 AGREEMENT TO TERMINATE THE SEPTEMBER 11, 1979 JOINT POWERS AGREEMENT ENTERED INTO BETWEEN THE CITIES OF WEST COVINA, COVINA, AZUSA AND GLENDORA AND DISSOLVE THE HUMAN SERVICES CONSORTIUM OF THE EAST SAN GABRIEL VALLEY WHEREAS, on or about September 11, 1979, the Cities of West Covina, Covina, Azusa and Glendora entered into a Joint Powers Agreement ("Agreement") pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500, et seq.) of the California Government Code to create a separate public entity known as the Human Services Consortium of the Last San Gabriel Valley ("Consortium"); and WHEREAS, the Consortium is also commonly known as LA Works; and WHEREAS, the Agreement provides that the debts, liabilities and obligations of the Consortium do not constitute the debts, liabilities or obligations of any party to the agreement; and WHEREAS, the Agreement was subsequently amended three (3) times; and WHEREAS, the Agreement provides that the Agreement, and the activities engaged in pursuant to it, shall be terminated not longer than one hundred and ninety days after a majority of the signatory parties mutually agree in writing to terminate the Agreement; and WHEREAS, the City Councils of the Cities of West Covina, Covina, Azusa and Glendora have voted to terminate the Agreement and all of the activities engaged in by the Consortium pursuant to the Agreement, effective December 21, 2018, Agreement The Cities of West Covina, Covina, Azusa and Glendora hereby mutually agree to dissolve the Consortium and to terminate the September 11, 1979 Joint Powers Agreement and the activities engaged in pursuant to said Agreement, as Amended, which was entered into between the Cities of West Covina, Covina, Azusa and Glendora pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500, et seq.) of the California Government Code, to create a separate public entity known as the Human Services Consortium of the East San Gabriel Valley. The Agreement, as Amended, and the activities engaged in pursuant to said Agreement, as Amended, shall be terminated effective December 21, 2018. 1 This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures. In witness whereof, the parties hereto have caused this Agreement to be executed and attested by the proper officers thereunder duly authorized as of the day and year written below. r' .Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk CITY OF WEST COVINA By: Mayor CITY OF COVINA Mayor CITY OF AZUSA By: Mayor CITY OF GLENDORA By: Mayor 2 This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures. In witness whereof, the parties hereto have caused this Agreement to be executed and attested by the proper officers thereunder duly authorized as of the day and year written below. Dated: Attest: City Clerk Dated: l l9 Attest: i � City Cle� Dated: Attest: City Clerk Dated: Attest: City Clerk CITY OF WEST COVINA L'I'm Mayor CITY OF AZUSA By: Mayor CITY OF GLENDORA By: Mayor 2 This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures. In witness whereof, the parties hereto have caused this Agreement to be executed and attested by the proper officers thereunder duly authorized as of the day and year written below. Dated: Attest: City Clerk Dated: Attest: City Clerk Dated:�6/F tte. it 'I Dated: Attest: City Clerk CITY OF WEST COVINA In Mayor CITY OF COVINA 0 Mayor CITY OF AZUSA By: Mayor CITY OF GLENDORA By: Mayor 2 This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures. In witness whereof, the parties hereto have caused this Agreement to be executed and attested by the proper officers thereunder duly authorized as of the day and year written below. Dated: Attest: City Clerk Dated: Attest: City Clerk CITY OF WEST COVINA In Mayor CITY OF COVINA By: Mayor CITY OF AZUSA Dated: By: Mayor Attest: City Clerk Dated: Attest: J Kathlee R. Sess ian, City Clerk CITY OF G E ORA By: Men ell Thompson, Mayor 2