RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO ELECTRICAL AGREEMENT BETWEEN THE CITY AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION WHEREAS, On September 1, 1985, following City Council approval of Resolution 2789, the City of Rialto (City) entered into an Electrical Agreement with the California Department of Transportation (now Caltrans) in which the State agreed to control, maintain, and operate certain traffic signals and lighting systems located within City Limits, with the exception of electrical costs (“Agreement”); and, WHEREAS, Exhibit “A” to the Agreement includes a description of the traffic signals and lighting systems located with the City for which the California Department of Transportation is responsible; and, WHEREAS, the City received a letter from the Department of Transportation dated May 26, 2022, requesting the City’s approval an update to Exhibit “A” of the Agreement; and, WHEREAS, the parties have agreed to updated Exhibit “A” to the Agreement to account for changes to electrical assets and list the currently existing, and in operation, traffic signals and lighting systems for which the California Department of Transportation will continue to be responsible. ////
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.
Section 2: The City Council approves the proposed amendment to the Agreement, and authorizes the City Manager to execute the May 26, 2022, letter acknowledging and accepting the update to Exhibit “A” of the Agreement.
Section 3: From time to time, the need to amend Exhibit “A” to the Agreement may arise. Therefore, the City Council grants authority to the City Manager to acknowledge and accept future amendments to Exhibit “A.” Section 4: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
Section 5: This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED this 26th day of May, 2022. _______________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
______________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
_____________________________
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No._____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 26th day of May, 2022.
Upon motion of Council Member__________, seconded by Council Member__________, the foregoing Resolution No. _____was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022. ___________________________________
BARBARA A. McGEE, CITY CLERK
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