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HomeMy WebLinkAboutCC Reso No 1997-04RESOLUTION NO. 97- 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING AMENDMENT NO. 1 TO CONTRACT NUMBER 5-07-30-W0103 BETWEEN THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION AND THE CITY OF LAKE ELSINORE. WHEREAS, the City of Lake Elsinore and Elsinore Valley Municipal Water District did enter into the "Agreement to Fill and Operate" on December 19, 1991; and WHEREAS, part ofthe "Agreement to Fill and Operate" states in Section 3: Ownership Rights, refers to the State Agreement which stipulates the City of Lake Elsinore will hold fee title to all of the real property now owned by the State of California...and all property acquired for the Lake Management Project which is held by the District and SAWPA; and WHEREAS, Section 4(fl ofthe Small Reclamation Projects Act of 1956 (P.L. 84-984) as amended, states "...All project works and facilities constnzcted under this Act shall remain under the jurisdiction and control of the local contracting organization subject to the terms of the repayment contract."; and WHEREAS, in accordance with Section 4(fl ofthe Small Reclamation Projects Act of 1956, the United States and the Contractor desire to amend the Repayment Contract to incorporate the City as a party to the Repayment Contract and to provide for the transfer of title to all project works and facilities constructed or partially constructed pursuant to the Repayment Contract from the Contractor to the City; and WHEBEAS, the Amendment modifies the terms and provisions of Contract No. 5-07-30- W0103; and the title and the preamble of the amendment have been modified to provide for the City of Lake Elsinore to become a party to Contract No. 5-07-30-W0103 Subarticle 5(d) revised which will read ..."Title to the works and facilities constructed or partially constructed pursuant to this Contract shall be conveyed by the Contractor to the City. The Contractor shall retain responsibility for operation and maintenance of all project works and facilities". NOW, THEREFORE, BE TT RESOLVED: 1. That the Mayor and City Council of the City of Lake Elsinore, does hereby approve Amendment Number 1, to Contract Number 5-07-30-W0103, Among the PAGE TWO RESOLUTION NO. 97- 4 United States Department of InteriorBureau of Reclamation, the Elsinore Valley Municipal Water District, and the City of Lake Elsinore. 2. That the Mayor and City Clerk are the duly authorized signatures for Amendment Number 1, of Contract Number 5-07-30-W0103. PA55ED, APPROVED, AND ADOPTED this 28th day of January, 1997, by the following vote: AI'ES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COiJNCILMEMBER5: NoNE ABSENT: COUNCILMEMBERS: NoNE ABSTAIN: COUNCILMEMBERS: AaTEST: 1~r' ~ / . /I,~ U ~ VICI~I KASAD, CITY CLERK APPROVED AS TO FORM AND LEGALITY: ~~ ~ ~ JOHN R HARPER, C A TORNEY STATE OF CALIFORN~A ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CPTI' CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNTA, DO HEREBY CERTIFI' that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 28th day of January,1997, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~~ : ~;'ICI~ KASAD, ~ITY CLERK f;'xTI' Q~' LA.KE ELSINORE (SL~,A~~L'y STATE OF CALIFORN~A ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 97-4 of said Council, and that the same has not been amended or repealed. B .1E: January 29,1997 V ~ /~ ~'~CK: KASAll, CITY CLERK r''i'Y Ox LrS.I~E ELSINORE (UF~t`,T.}