HomeMy WebLinkAboutResolutions - No. 98-178RESOLUTION NO. 98-178
A RESOLUTION OF THE LODI CITY COUNCIL OF THE CITY
OF LODI AMENDING SECTION 12 OF THE JOINT POWERS
AGREEMENT ESTABLISHING THE SAN JOAQUIN REGIONAL
RAIL COMMISSION
WHEREAS, the Board of Commissioners of the San Joaquin Regional Rail
Commission have deemed it necessary and proper to amend the Joint Powers
Agreement Establishing the San Joaquin Regional Rail Commission, in such a way as to
increase the flexibility with which the Commission may assign rights to property, for the
purpose of financing, subject to the Joint Powers Agreement; and
WHEREAS, it is necessary for each of the Parties to the Joint Powers
Agreement to consent to, and approve of, the amendment; and
WHEREAS, the City Council of the City of Lodi is a Party to the SJRRC JPA.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi
hereby agrees that Section 12 of the Joint Powers Agreement Establishing the San
Joaquin Regional Rail Commission, be amended to read in full as contained in the
attached amendment; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lodi hereby
directs that the required signatures be affixed to the attached amendment.
Dated: December 1, 1998
I hereby certify that Resolution No. 98-178 was passed and adopted by the City
Council of the City of Lodi in a special meeting held December 1, 1998, by the following
vote:
AYES: COUNCIL MEMBERS — Johnson, Land, Mann, Pennino and
Sieglock (Mayor)
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
ALICE M. RE CHE
City Clerk
98-178
AMENDMENT TO THE JOINT POWERS AGREEMENT
ESTABLISHING THE SAN JOAQUIN REGIONAL RAIL COMMISSION
Section 12 of the Joint Powers Agreement Establishing the San Joaquin Regional Rail
Commission which formerly read:
Section 12. ASSIGNABILITY
With the approval of, and upon the terms agreed upon by, the governing body of each parry
to this Agreement, all or any of the rights and property subject to this Agreement may be
assigned to further the purpose of this Agreement. Provided, however, no right or property
of the Commission shall be assigned without compliance with all conditions imposed by any
federal entity from whom the Commission has received financial assistance.
is hereby amended to read as follows:
Section 12. ASSIGNABILITY
The rights or property subject to this Agreement may be encumbered, hypothecated, leased,
or assigned, as security or otherwise, for value received, upon approval of the Rail Board,
but all or substantially all of such rights or property may not otherwise be transferred or
assigned except with the approval of, and upon the terms agreed upon by, the governing
body of each party to this Agreement, including also, compliance with all conditions imposed
by any state or federal entity having jurisdiction over such transfer or assignment.
IN WITNESS WHEREOF, the Parties to the Joint Powers Agreement
Establishing the San Joaquin Regional Rail Commission have caused this Amendment to
be executed by their respective officers as of:
ATTEST:
Clerk of the Board of Supervisors
of the County of San Joaquin,
State of California
M
Deputy Clerk
Date:
COUNTY OF SAN JOAQUIN, a
political subdivision of
the State of California
By
Chairman
Board of Supervisors,.
"County"
*** SIGNATURES CONTINUED ON NEXT PAGE ***
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ATTEST:
City Clerk of the City of Escalon
By:
City Clerk
Date:
ATTEST:
City Clerk of the City of Lathrop
By:
City Clerk
Date:
AT'T'EST:
City Clerk of the City of Manteca
By:
City Clerk
Date:
CITY OF ESCALON, a
municipal corporation of
the State of California
By:
Mayor
City of Escalon
CITY OF LATHROP, a
municipal corporation of
the State of California
By:
Mayor
City of Lathrop
CM OF iNIANTECA, a
municipal corporation of
the State of California
By:
Mayor
City of Manteca
*** SIGNATURES CONTIIvLTED ON NEXT PAGE ***
I
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ATTEST: CITY OF LODI, a
City Clerk of the City of Lodi municipal corporation of
the State of California
By:
City Clerk
Date:
ATTEST:
City Clerk of the City of Ripon
By:
City Clerk
Date:
ATTEST:
City Clerk of the City of Stockton
By:
City Clerk
Date:
By:
H. Dixon Flynn, CiEy Manager
City of Lodi
CITY OF RIPON, a
municipal corporation of
the State of California
By:
City of Ripon
Mayor
CITY OF STOCKTON, a
municipal corporation of
the State of California
By:
Mayor
City of Stockton
*** SIGNATURES CONTINUED ON NEXT PAGE ***
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3
ATTEST:
City Clerk of the City of Tracy
By:
City Clerk
Date:
APPROVED AS TO FORM:
By:
Assistant County Counsel
San Joaquin County
City of Lathrop
By:
City Attorney for the
City of Manteca
By:
City Attorney for the
City of Stockton
I
El
CITY OF TRACY, a
municipal corporation of
the State of California
By:
Mayor
City of Tracy
By:
City Attorney for the
City of Escaton
By:
Randall A. Rays
City Attorney for the
City of Lodi
By:
City Attorney for the
City of Ripon
By:
City Attorney for the
City of Tracy
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