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HomeMy Public PortalAbout2012.024 (01-31-12)• • RESOLUTION NO. 2012.024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE HUB CITIES CONSORTIUM'S FIRST AMENDMENT TO THE FOURTH AMENDED JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, the introductory paragraph of the Fourth Amended Joint Exercise of Powers Agreement ( "Agreement") established the parties to the Hub Cities Consortium, which are the City of Lynwood the City of Cudahy, the City of Huntington Park, the City of Maywood, and the City of South Gate, and WHEREAS, Section 9 of Article VI of the Agreement states that upon approval by the Board of Directors of the Hub Cites Consortium ( "Board ") and by their governing bodies, additional cities may become parties to the Agreement; and WHEREAS, the City of Bell Gardens wishes to become a party to the Agreement; and WHEREAS, on November 17, 2011, the Board passed Resolution 11 -01, which approved the inclusion of the City of Bell Gardens as a party to the Agreement. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council approves the "First Amendment to the Fourth Amended Joint Exercise of Powers Agreement," which is attached hereto as Exhibit A and incorporated herein by this reference Section 2. The City Council authorizes the City Manager to execute the "First Amendment to the Fourth Amended Joint Exercise of Powers Agreement." Section 3. The City Clerk shall certify the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED this 31 day January 2012. C Jim Morton, Mayor • ATTEST: Q Roger L. aley, Qfty Manager APPROVED AS TO FORM: Fred Galante, City Attorney 0 STATE OF CALIFORNIA ) . ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a special meeting held on the 31 day of January, 2012. AYES COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES NONE ABSENT NONE ABSTAIN NONE Maria Quinonez, • STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No 2012.024 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 31 day of January, 2012. First Amendment to the Fourth Amended Joint Exercise of Powers Agreement Hub Cities Consortium This First Amendment is to that Fourth Amended Joint Exercise of Powers Agreement dated for reference April 1, 1998, attached herein as Exhibit A ("Agreement") and is made by and among the City of Bell Gardens, City of Cudahy, City of Huntington Park, City of Lynwood, City of Maywood and City of South Gate ("Cities") This First Agreement is made pursuant to the Joint Exercise of Powers Law(Articles 1 through 4 [commencing with Section 6500] of Chapter 5, Division 7, Title 1 of the California Government Code, as now or hereafter amended, hereinafter the "Act") PREAMBLE Whereas, the City of Bell Gardens desires to be a member of the Hub Cities Consortium, a joint powers authority, organized to provide for the development of a systematic process for the planning, implementation and coordination of programs for the delivery of job training, economic development and human services; Whereas, Section 9 of Article VI of the Agreement requires that any city that desires to be part of the Hub Cities Consortium be approved by the Hub Cities Consortium Board of Directors; Whereas, on November 17, 2011, the Board of Directors passed Resolution No 11- 01, approving the inclusion of Bell Gardens to the Hub Cities Consortium; and Whereas, the City of Bell Gardens desires to be a party to the Agreement. NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the Cities agree to amend the Agreement as follows: Section 1. The Agreement is amended to include the City of Bell Gardens as a party to the Agreement. By its signature to this Amendment No. 1, Bell Gardens agrees to be a party to the Agreement and accepts the terms of the Agreement. State of California. The address of the principal business offices of the individual Cities is as follows: City of Cudahy, 5220 Santa Ana Street, Cudahy, California 90201, City of Huntington Park, 6550 Miles Avenue, Huntington Park, California 90225, City of Lynwood, 11330 Butlis Road, Lynwood, California 90262; City of Maywood, 4319 East Slauson Avenue, Maywood, California 90270; and City of South Gate, 8650 California Avenue, South Gate, California 90280; and City of Bell Gardens, 7100 South Garfield Avenue, Bell Gardens, California 90201." • Section 3. The Preamble of the Agreement is hereby amended to add a final recital as follows: • "WHEREAS, the Fourth Amended Agreement dated April 1, 1998 has been amended (by First Amendment) to reflect the addition of the City of Bell Gardens, California as a party to this Agreement." Section 4. Except as expressly amended by this First Amendment, all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. Section 5. The undersigned warrant and represent that they are fully authorized to execute this First Amendment on behalf of their respective clients and that this First Amendment is entered into by the Parties freely and voluntarily, with and upon the advice of counsel. Section 6. This First Amendment may be executed in counterparts, and photocopies or facsimile copies of this First Amendment may be used as originals. Section 7 This First Amendment to the Agreement shall take effect upon its execution on behalf of the last of the six cities to do so [signatures on next pages] / / / 2 10310 0001/1394375.3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date and year listed by each signatory CITY OF CUDAHY Dated: City of Cudahy ATTEST City Clerk (SEAL) 3 10310 0001/1394375.3 CITY OF HUNTINGTON PARK Dated. City of Huntington Park ATTEST: City Clerk (SEAL) I'I 4 10310,0001/1394375.3 CITY OF LYNWOOD Dated City of Lynwood• _/ r A�EST 4 J • v i e" fteditati City Clerk (SEAL)_ ' r, r I - I 5 10310.0001/1394375.3 CITY OF MAYWOOD Dated: City of Maywood ATTEST City Clerk (SEAL) 6 10310.0001/1394375.3 CITY OF SOUTH GATE Dated City of South Gate ATTEST (SEAL) 7 10310.0001/1394375.3 CITY OF BELL GARDENS Dated: City of Bell Gardens ATTEST: City Clerk (SEAL) 8 10310.0001/1394375.3