HomeMy WebLinkAboutResolution - 017-01Idyllwild Fire Protection District
PO Box 656
Idyllwild, CA 92549
(951) 659-2153
Resolution No. 017-01
A RESOLUTION OF THE IDYLLWILD FIRE PROTECTION
DISTRICT TO TERMINATE THE JOINT EXERCISE OF
POWERS AGREEMENT WITH THE CITY COUNCIL OF
SAN JACINTO CREATING THE IDYLLWILD-SAN
JACINTO REGIONAL FIRE AUTHORITY
WHEREAS, on June 7, 2016, the Idyllwild Fire Protection District ("District")
adopted Resolution no. 016-05 authorizing a joint exercise of powers agreement with
the City Council of the City of San Jacinto ("City") creating the Idyllwild-San Jacinto
Regional Fire Authority; and
WHEREAS, on June 7, 2016, the District and the City executed the Joint
Exercise of Powers Agreement with the City Council of the City of San Jacinto; and
WHEREAS, on June 7, 2016, the Idyllwild Fire Protection District adopted
Resolution no. 016-05 authorizing an amended and restated joint exercise of powers
agreement with the City Council of the City of San Jacinto creating the Idyllwild-San
Jacinto Regional Fire Authority; and
WHEREAS, on or about August 23, 2016, the City and District executed the
Amended and Restated Joint Exercise of Powers Agreement ("Agreement") creating the
Idyllwild-San Jacinto Regional Fire Authority ("Authority"); and
WHEREAS, section 14.1 of the Agreement provides that the City and the District
may jointly agree to terminate the agreement by written consent expressed by
resolution of the governing board of both parties; and
WHEREAS, the City and the District now intend to terminate the Agreement and
wind-up the affairs of the Authority.
NOW THEREFORE, the Idyllwild Fire Protection District hereby resolves as
follows:
1. Resolutions nos. 016-05 and 3637 are hereby rescinded.
2. The Agreement is hereby terminated, effective as of the date a written
acknowledgment of termination is executed by both parties.
65226.00002\29448084.1
3. The City Manager shall execute the written consent to termination,
substantially in the form attached hereto as Exhibit "A".
4. The Authority is hereby dissolved, and the City Manager shall take all
necessary steps to wind up the affairs of the Authority.
PASSED, APPROVED AND ADOPTED by the Idyllwild Fire Protection District,
California, at a regular meeting of the Idyllwild Fire Protection District Board held on the
Tuesday day of January 24, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Board President
1rry Buchanan, President
ATTEST:
Patrick Reitz, Fire Chief, District Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Jeffrey S. Ballinger, City Attorney
65226 00002 Q94480841
ACKNOWLEDGEMENT OF TERMINATION
of
THE AMENDED AND RESTATED JOINT POWERS AGREEMENT CREATING THE
IDYLLWILD-SAN JACINTO REGIONAL FIRE AUTHORITY
A. On or about June 7, 2016, the City of San Jacinto ("City") and the IdylIwild Fire
Protection District ("District") entered into a Joint Exercise of Powers Agreement
to create the IdylIwild-San Jacinto Regional Fire Authority; and
B. On or about August 23, 2016, the City and the District Amended and Restated
the Joint Exercise of Powers Agreement ("Agreement") creating the IdylIwild-San
Jacinto Regional Fire Authority ("Authority"), which is attached hereto as Exhibit
A.
C. The governing body of each party jointly agreed by written consent to terminate
the Agreement, as expressed by Resolution No. 3648 of the City, adopted on
January 12, 2016, and by Resolution No. of the District, adopted on
January , 2016.
D. The governing bodies of the City and the District authorized the City Manager
and the Fire Chief, respectively, to execute this written acknowledgment of the
termination of the Agreement.
NOW THEREFORE, The parties mutually agree and acknowledge that the Agreement
is hereby terminated, effective as of the date last executed below.
CITY OF SAN JACINTO IDYLLWILD FIRE PROTECTION DISTRICT
By: Tim Hults, City Manager By: Patrick Reitz, Fire Chief
Date: Date:
Attest: Attest:
Approved as to Form:
Best Best & Krieger
65226.00002\29448084.1
ACKNOWLEDGEMENT OF TERMINATION
of
THE AMENDED AND RESTATED JOINT POWERS AGREEMENT CREATING THE
IDYLLWILD-SAN JACINTO REGIONAL FIRE AUTHORITY
A. On or about June 7, 2016, the City of San Jacinto ("City") and the Idyllwild Fire
Protection District ("District") entered into a Joint Exercise of Powers Agreement
to create the Idyllwild-San Jacinto Regional Fire Authority; and
B. On or about August 23, 2016, the City and the District Amended and Restated
the Joint Exercise of Powers Agreement ("Agreement") creating the Idyllwild-San
Jacinto Regional Fire Authority ("Authority"), which is attached hereto as Exhibit
A.
C. The governing body of each party jointly agreed by written consent to terminate
the Agreement, as expressed by Resolution No. 3648 of the City, adopted on
January 12, 2016, and by Resolution No. 017-010 of the District, adopted on
January 24, 2016.
D. The governing bodies of the City and the District authorized the City Manager
and the Fire Chief, respectively, to execute this written acknowledgment of the
termination of the Agreement.
NOW THEREFORE, The parties mutually agree and acknowledge that the Agreement
is hereby terminated, effective as of the date last executed below.
CITY OF SAN JACINTO
-7-
IDYLLWILD FIRE PROTECTION DISTRICT
By: Tim Hults,City Manager By: Patrick Reitz, Fire Chief
Date: _//_-_j) Date:
AttesAttest:
Approved as to Form:
Best Best & Krieger
65226.00002\29448084.1