JOINT EXERCISE OF POWERS AGREEMENT
CREATING AN AGENCY TO BE KNOWN AS THE
SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
to as the "Parties").
WITNESSET H
WHEREAS, Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California pertaining to the joint exercise of powers authorizes the Parties by agreement to jointly exercise certain powers common to the Parties; and WHEREAS, the Parties hereto recognize the importance of determining the value of the potential civilian aviation use of Norton Air Force Base and its resulting possible benefit to the entire East Valley region, all as may be determined by land use, aviation and environmental studies required to be undertaken by the Authority pursuant to the California Environmental Quality Act of 1970, as amended ("CEQA"); and
WHEREAS, each of said Parties agrees that a regional
approach desirable to • both (i) direct the policies and activities of a civilian aviation facility at Norton Air Force Base and (íi) acquire, own, maintain and operate the aviation related portions of Norton Air Force Base for all aviation uses as may be legally permitted upon such property, or such other uses as may be legally permitted and as may be determined by the Authority all in accordance with CEQA procedures to be hereafter complied with by the Authority; and
WHEREAS, each of the Parties • hereto has the power to
acquire, operate, repair, maintain and administer an airport facility; and
WHEREAS, it has been agreed by each of the Parties that the interests thereof, as well as of the public in general, may be served if those portions of Norton Air Force Base to be transferred by the federal government upon closure, namely the airfield and aviation support areas of Norton Air Force Base (herein sometimes referred to as the "Airport Facility, " as is presently described in the Base Reuse Plan of the Inland Valley Development Agency and as further depicted on the map of Norton Air Force Base as attached hereto as Exhibit "A" and incorporated herein by reference, subject to expansion or reduction by determination of the federal government upon transfer thereof), is continued as a publicly- CSB000121DOC
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owned, operated and maintained airport, pursuant to the applicable federal and state of California laws, under the operational control of a joint powers authority created by the Parties in this Agreement; and
WHEREAS, it is the intent and desire of the Parties to
enter into an agreement to establish a public entity, separate and apart from the Parties hereto, as hereinafter described and set forth, which entity shall then set about the task of accomplishing the above described general purpose in a manner most capable of promoting the greatest public good and welfare; and
WHEREAS, the Parties hereto recognize the immediate
necessity for planning for the scheduled closure of Norton Air Force Base and the need to determine the manner in which to utilize the aviation facilities of the Norton Air Force Base, as depicted on Exhibit "A", after olosure to attract business, create jobs and improve the quality of life for the citizens of the East Valley; and
the Inland Valley Development Agency was
previously formed by several of the Parties pursuant to Health and to Code section 33320.5.
Safety Code Section 33320.5, to have and exclusively exercise powers of a redevelopment agency within a previously designated redevelopment project area in furtherance of the redevelopment thereof, and the Inland Valley Development Agency shall act as the redevelopment agency, legislative body and planning commission with respect to all approvals and actions required in connection with the adoption of the Redevelopment Plan; provided, however, all land use, planning and development decisions with regard to the land within the redevelopment project area shall continue to be under the control and jurisdiction of each of the respective local legislative bodies or planning commissions, as applicable; and WHEREAS, the State Legislature enacted Health and Safety related purposes.
NOW, THEREFORE, IN CONSIDERATION OF THE MULUAL PROMISES,
COVENANTS AND CONDITIONS HEREINAFTER CONTAINED, THE PARTIES ANI EACH OF THEM, DO AGREE HEREBY AS FOLLOWS:
Section 1. Purpose.
This Agreement is entered into pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the state of California (herein sometimes referred to as the "Act") relating to the joint CSB000121DOC1E
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exercise of powers common to public agencies (in this case the Parties to this Agreement, each of which is authorized to contract with the other pursuant hereto) and is made for the purpose of enabling the Parties to exercise their powers jointly in a certain "Project", described acquisition, operation, repair,
maintenance and administration of the aviation related portions of the Norton Air Force Base as a public airport, as depicted on Exhibit "A", pursuant to applicable federal and State of California Each of the Parties has the powers necessary to accomplish this Agreement. The foregoing purposes will be accomplished and the common powers exercised in the manner hereafter set forth.
Section 2. Authority.
A. Creation of the Authority.
Pursuant to the Act, there is hereby created a public
entity, separate and apart from the Parties hereto, to be known as the "San Bernardino Regional Airport Authority" (hereinafter referred to as the "Authority"). The debts, liabilities •and obligations of the Authority do not constitute debts, liabilities or obligations of the Parties.
B. Commission of the Authority.
(1) The Authority shall be governed by a Commission
composed of seven (7) individual members, each serving in their individual capacity as a Member of the Commission. The Commission shall be called the "San Bernardino Regional Airport Authority Conmission" (hereinafter sometimes referred to as the "Commission").
(2) The Commission shall consist of two (2) elected
officials from the City of San Bernardino and one (1) elected official from each of the County of San Bernardino and the Cities of Colton, Highland, Loma Linda and Redlands. The elected officials thus serving on the Commission shall be called "Members". Each such Member shall be appointed by the legislative body of each Party to serve as primary
representatives and shall serve at the pleasure of each such legislative body. Each Party shall similarly designate one (1) additional elected official of the Party to serve as an alternate representative for each Member allocated to each Party as a primary representative for the purpose of attending Commission meetings and to fully participate in such meetings and to cast votes in place of a primary representative for such Party. The term "Member" or "Members" shall specifically include both primary representatives and alternate
representatives appointed in the manner provided in this Section 2.B., provided that alternative representatives shall not participate in meetings as a Member or cast votes on any C3B00012D0C1
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Authority matter except if a primary representative of a Member is not present or is not otherwise considered as constituting a quorum.
(3) Members shall hold membership on the Comnission
during the term for which they were appointed by their
respective legislative body and until their successors have been appointed and qualified; provided, however, that Members may be removed by and at the pleasure of the Party which appointed them; and provided, however, further that each Member shall automatically forfeit his or her membership on the Commission it he or she ceases to be an elected ofticial of the Party responsible through the legislative body thereof for appointing such Member.
(4) In case of a vacancy in membership on the
Commission, the same shall be promptly tilled by the Party which appointed the vacating member. The appointing Party shall, upon making an appointment, forthwith notify the Secretary of the Commission of such appointment or
appointments.
C. Meetings of the Commission.
(1) Regular Meetings and Special Meetings.
The Commission shall provide for its regular meetings.
The dates upon which and the hour and place at which regular meetings shall be held shall be fixed by resolution and a copy of such resolution shall be filed with each of the Parties; provided, however, the Commission shall hold at least one (1) regular meeting in each Fiscal Year. Special meetings and adjourned meetings may be held as required or permitted by law. Meetings shall be held at such times and places as any of the Parties hereto may reasonably request depending upon the nature of the business to be conducted. (2) Ralph M. Brown Act.
All meetings of the Commission, including, without
limitation, regular, special and adjourned meetings, shall be Provisions of the Ralph M. Brown Act (conneneing with Section 54950 and conducted in accordance with the of the California Government Code).
(3) Minutes.
The Secretary of the Commission shall cause minutes of
all regular, special and adjourned meetings to be prepared and maintained, and shall, as soon as possible after each meeting, CSBO0121DOC1
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cause a copy of the minutes to be forwarded to each member of the Commission and to each of the Parties.
(4) Quorum.
Except under the circumstances provided in Section 11
hereof, a quorum shall be deemed to be constituted at a Commission meeting for conducting business of the Commission when four (4) Members are present who under California law are legally able to participate in such meeting and who represent at least four (4) Parties. No individual other than a duly appointed Member who has been appointed as either a primary representative or an alternate representative may sit on the Commission and be considered for purposes of determining a quorum, for participating in such meetings and for the casting of votes. A Member must be present at a meeting to have the power under this Agreement to cast a vote and to be considered as present for purposes of determining whether the requirement for a quorum has been met.
(5) Voting.
Except as otherwise provided by law, any action taken by the Commission shall require the affirmative vote of four (4) Members present and voting except as provided in Section 11 hereof.
No Member, whether a duly appointed primary representative or alternate representative, shall vote unless present upon the casting of votes on any matter. In the event such Member is not present at the time that votes are cast on a matter, such Member shall be considered as not having voted on such matter.
D. Officers.
(1) President, Vice-President and Secretary.
At the first meeting of the Commission after the
effective date of this Agreement, the Commission shall elect from the Members a President, a Vice-President and Secretary, and, thereafter at the first meeting held in July of each succeeding calendar year commencing in July, 1993, and annually thereafter, the Commission shall elect or re-elect its President, a Vice- President and Secretary. In the event that the President, Vice- President or Secretary so elected resigns from such office or ceases to be a Member of the Commission, the resulting vacancy shall be filled at the next regular meeting of the Commission held after such vacancy occurs. In the absence or inability of the President to act, the Vice-President shall act as President. The President, or in his or her absence the Vice-President, shall preside at and conduct all meetings of the Commission.
Secretary shall be responsible for the minutes and other records of the Authority and Commission and shall perforn such other duties specified by the Commission. The Commission may select an CSB000121DOC11
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Assistant Secretary to assist the Secretary in the performance of his or her duties, to certify copies of official documents of the Authority and to perform such other duties specified by the Commission.
(2) Treasurer.
The Authority shall appoint a Treasurer who shall bes
(1) the treasurer or chief financial officer of one of the Parties; (2) a certified public accountant; or (3) such other officer or employee of the Authority as the Commission shall deem qualified to act as Treasurer of the Authority. The Treasurer shall perform such duties as are set forth in this Agreement and any other duties specified by the Commission; provided, however, that the person so appointed as Treasurer shall not concurrently be appointed and (3) Auditor.
The Authority shall appoint an Auditor who shall be:
(1) the treasurer, or chief financial officer of one of the Parties; (2) a certified public accountant; or (3) such other consultant, officer or employee of the Authority as the Commission shall deem qualified to act as Auditor of the Authority. The Auditor shall perform such duties as are set forth in this Agreement and any other duties specified by the Commission; provided, however, that the person so appointed as Auditor shali not concurrently be appointed and acting as Treasurer.
(4) Staft.
The Commission may employ, by contract or otherwise, an Except as
and remove all management level officers, subject to the approval of the Commission. Professional and expert services, including, without limitation, legal counsel, and financing consultants, accountants, engineers, architects other consultants and advisors, may be contracted for by the Authority.
(5) Rules and By-Laws.
The Commission may adopt, from time to time, such rules appointment or other Fridale and state and the conduct or te: regulations by-laws for the election of eetings and affairs as it may deem necessary provided that al uch rules and regulations are consistent with the provisions o this Agreement.
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Section 3. Powers and Duties of the Authority.
The Authority shall have the powers common to the Parties to be exercised to acquire, operate, repair, maintain, improve and administer the Airport Facility, and in addition thereto, has all other powers enumerated in the Joint Exercise of Powers Act, Chapter 5, Division 7, Title 2 of the Government Code of the State of California (commencing with Section 6500) as the same now exists or may hereinafter be amended (herein sometimes referred to as the "Act") • The Authority is authorized to do all acts necessary or convenient to the exercise of the aforementioned powers, including, not limited to, the following: to make and enter into
but
contracts; to employ agents and employees; to acquire, construct, manage, maintain or operate any buildings, works or improvements; to acquire, hold or dispose of property; to incur debts, liabilities or obligations (both long-term and short-term) pursuant to the exercise of these powers, which are not debts, liabilities or obligations of the Parties; and to sue and be sued in its own name. Said powers shall be exercised in the manner provided in the Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon the County of San Bernardino in the exercise of The Authority may also issue revenue bonds similar powers.
pursuant to Article 2, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, commencing with Section 6540 as the same now exists or may hereafter be amended (hereinafter referred to as the "Bond Act"), and any applicable Laws of the state of California, whether heretofore or hereafter enacted or amended, and, without limiting the generality of the foregoing, the Authority is also authorized to incur other forms of indebtedness pursuant to Section 6547.1 of the Government Code, which is part of the Bond Act, and any other applicable laws of the State of california; provided, however, that such revenue bonds or other forms of indebtedness shall not constitute debts, liabilities or obligations of the Parties.
The Authority shall, in its sole discretion, establish, maintain and enforce standards, as they may be amended from time- to-time, for the operation and maintenance of the Airport (the "Airport Standards"), as the proprietor of the Airport. It is the te de the Parties present intent of the Parties subject to further reports, studies consideration of other facts and circumstances as may be conducted by or on behalf of the Authority, that such Airport Standards should address standards for the hours of operation and methods for regulating noise levels all as may be necessary to minimize noise impacts, consistent with the operation of the Airport Facility in an economically viable manner and in conformity regulations of the Federal Aviation
Administration. The Airport Standards should be adopted and in effect prior to conveyance of the Airport Facility and prior to the transfer of the operational control thereof to the Authority; CSB000121DOC11 -7-
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provided, however, that the Airport Standards shall be established, in place and effective at such time or times and addressing such matters as may then be deemed appropriate by the Commission. to the contrary contained in this Notwithstanding any language the Airport Standards shall be adopted so as to be state laws, rules, Agreement, consistent with all applicable federal and
regulations, interpretative opinions and other requirements of governmental and regulatory bodies, and shall not in- applicable and-of-themselves act to prevent conveyance of the Airport Facility or transfer of the operational control thereof to the Authority. intended that the Authority will proceed to do all acts necessary Without limiting the generality of the foregoing, it is or desirable to accomplish the purposes of this Agreement. Such acts may, but need not necessarily (except to the extent reguired or prohibited by state or federal law) include all or part of the following which may be exercised in whole or in part at the sole discretion of the Commission: and method of acquiring the Airport Facility and such other property on or outside of (a) Negotiating a price Norton Air Force Base as may be required for aviation purposes and in furtherance of the operation of the Airport Facility, and executing any and all
and authorizing the execution, documents necessary or desirable to accept the operational control of and transfer of the Airport Facility;
federal laws, conducting any environmental impact studies and (b) Consistent with the requirements of state and proceedings as are reguired by CEQA, the State of California and/or the federal government, making such improvements or taking such actions as such indicate in the determination of the Commission will mitigate the adverse effects reflected in such studies, including but not limited to those mitigation measures referenced in that certain Settlement Agreement dated the Parties, the Inland Valley Development Agency and the East Valley Association;
entering into leases and contracts with, any person, firm or (c) Granting of franchises, permits and licenses to, and corporation, or agency of the State of California and/or the federal government, for the use of the Airport Facility or any the promotion and accommodation of air
part thereof, commerce and air navigation, or any use incidental thereto, together with a right or rights to use said Airport Facility in common with others as necessary to the right or rights granted; and likewise to enter into leases with any person, firm or corporation for purposes other than the promotion and portion of the Airport Facility whenever the Commission shall accommodation of air commerce and air navigation covering any -g-
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determine that the use of such portions of the Airport
Facility are not necessary for the promotion and accommodation of air commerce and air navigation or for uses incidental thereto;
(d) Subject to the powers of the United States of
America respecting commerce, establishing rules and
regulations governing the use and control of the Airport Facility, or any of its properties, and the use of airways approximate thereto incidental to aerial navigation as shall be set forth in the Airport Standards;
Applying for and receiving any available State of
California and/or federal grants, and in connection therewith, authorizing the execution of applications therefor, and grant agreements in connection therewith;
(E) Issuing revenue bonds or other obligations and
incurring other forms of indebtedness as provided in this Agreement, which are not debts, liabilities or obligations of the Parties although the Authority has no power of taxation; (g) Conducting the necessary studies to determine what
repairs, if any. need be made to the Airport Facility. and making such repairs in any manner authorized by law;
(h) Conducting any necessary noise studies, and making
such improvements or taking such actions as such studies may indicate in the determination of the Commission will mitigate the adverse effects of noise;
(i) Continuing to operate, repair, maintain, improve and administer the Airport Facility after its acquisition;
(j) Acquiring, constructing, managing, maintaining,
operating or disposing of or donating land, building sites, buildings, works or improvements, whether to or from public or aps tigrovement a and private persons or entities and whether on the Airport
Facility or outside Norton Air Force Base if for aviation purposes and in furtherance of the operation of the Airport Facility, provided, however, that the Authority shall not exercise the powers of eminent domain to acquire property in the territorial jurisdiction of one of the Parties without first obtaining the consent of that Party by a four-fifths (4/5) vote of the Party's legislative body, except in the case of an exercise of eminent domain required as a result of an operational or safety mandate by the Federal Aviation
Administration;
(k) Suing or being sued in its own name;
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(1) Entering into and performing under lawful agreements with any of the Parties, the state of california, the United States of America, or any departments or agencies of any of the foregoing, or any other municipal or public corporation of any kind or nature whatever;
(m) Making payment from surplus revenues to any of the
Parties, or to public agencies whose boundaries (including in the case of a redevelopment agency and the Inland Valley Development Agency, redevelopment project area boundaries) encompass an area which overlaps the area included in the Airport Facility. The term "surplus revenues" as above
payments are not prohibited by any such resolution or trust indenture then in effect;
(n) Carrying out and enforcing all the provisions of
this Agreement; and
(0) Carrying out and enforcing all Airport Standards as deemed appropriate by the Commission.
The listing of the above acts is not intended to indicate any priority of one act over another. Nor is such listing intended to be inclusive, and the Commission may authorize other acts to be done in the accomplishment of the purposes of this Agreement. One or several acts may take place concurrently or in sequence as the take place Commission shall direct.
Title to the Airport Facility shall be acquired by the
Authority directly from the United States Air Force in the event Authority determines that such method of transfer would facilitate acquisition of the Airport Facility. The Parties hereby agree that the Airport Facility and the real property on which it feasible; however, some acts of the Authority will be accomplished in whole or in part prior to the Authority making any decision to acquire the Airport Facility and to assume the operational responsibility thereof. Financial negotiations, feasibility, economic and legal studies and other related studies must all be undertaken by or on behalf of the Authority so that it can determine whether to proceed or not. Nothing in this Agreement should be construed to commit the Authority at this time to any particular course of action of acquisition or non-acquisition of CSB00012 DOCI
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the Airport Facility and assumption of operational responsibility thereof, other than the investigation by the Authority.
Section 4. Fiscal Year-
For the purposes of this Agreement, the term "Fiscal
Year" shall mean the period from July 1 of each year to and including the following June 30-
Section 5. Assistance to the Authority.
The Parties may, except as prohibited by law and this
Agreement, in appropriate circumstances: (1) make contributions from their treasuries for the purposes set forth herein, (11) make payments of public funds to defray the cost of such purposes, (111) make advances of publía funds for such purposes,
advances or payments to be repaid, as provided herein, or (iv) use their personnel, equipment or property in lieu of or in conjunction with other contributions or advances. Such sums shall be paid to and disbursed by the Authority, and the method and manner of such payment, disbursement and repayment shall be as set forth separate agreements by and between the Authority and a Party and approved by official action of the Commission on behalf of the Authority and by the respective legislative body on behalf of such Party. The provisions of Government Code Section 6513 are hereby incorporated into this Agreement.
Section 6. Revenue Bonds.
In order to pay for acquiring, repairing, improving and financing the Project referred to in Section 1 hereof, including all facilities and improvements and any and all expenses incidental thereto or connected therewith, the Authority may authorize the issuance of revenue bonds pursuant to the provisions of the Bond limiting the generality of the foregoing, the Authority is also o cale phoney tort 6547.1 of the Government Code, which Section is part of the Bond Act. such revenue bonds or other forms of indebtedness shall not constitute debts, liabilities or obligations of the Parties.
All fees and expenses of professional and expert
services, including, without limitation, legal counsel, financing consultants, accountants, engineers, architects and other consultants and advisors connected with the acquisition, operation, repair, maintenance, improvement and administration of the Airport Facility, which have been paid or incurred prior to the issuance of the revenue bonds or other forms of indebtedness (but after the effective date of this Agreement) shall be paid, or repaid to the Parties, as the case may be, Without any preference being granted to any Party or Parties, at the earliest feasible time, to the CSB00012\DOC11
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extent such payment or repayment is both lawful and deemed to be financially prudent in the sole discretion of the Commission, from the proceeds of the revenue bonds, or other forms of indebtedness, or any other legally available source.
Section 7. official. Bonds.
The Treasurer and the Auditor as the public officers
designated in this Agreement who have charge of, handle or nave access to any monies of the Authority are hereby also designated as responsible for all other property of the Authority. The Treasurer and Auditor shall each file an official bond with the Authority in the amount of not less than Iwo Hundred Fifty Thousand Dollars increase the official bond requirements set forth in this section.
All bond premiums shall be paid by the Authority.
Section 8. Accounts and Reports.
There shall be strict accountability of all funds and
reporting of all receipts and disbursements. To the extent not covered by the duties assigned to any trustee appointed pursuant to a resolution or trust indenture adopted by the Conmission pursuant to applicable law for the issuance of revenue bonds or other forms of indebtedness, the Commission shall establish and maintain such procedures, funds and accounts as may be required by sound accounting practices or by the provisions of any resolution of the Authority authorizing the issuance of revenue bonds or other forms of indebtedness; provided that such procedure shall conform as the Parties. The Auditor, with the approval of the Authority, shall contract with an independent certified public accountant or firm of certified public accountants to make an annual audit of the accounts and records of the Authority, and a complete written report of such audit shall be filed as public records annually, within six (6) months after the conclusion of the Fiscal Year under the Auditor-
Controller of San Bernardino County. Such annual audit and written report shall comply with the requirements of Section 6505 of the Government Code of the State of California. The costs of the annual audit, including contracts with, or employment of, such independent certified public accountant or firm of certified public accountants, in making an audit pursuant to this Agreement shall be a charge against any unencumbered funds of the Authority available for such purpose.
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Section 9. Funds.
The Treasurer of the Authority shall have custody of
Authority money and disburse Authority funds pursuant to the accounting procedures developed in accordance with the provisions of Section 8; provided that the provisions of any resolution of the Authority authorizing the issuance of revenue bonds or other forms of indebtedness shall control regarding the custody and disbursement of the proceeds of any revenue bonds or other forms of indebtedness issued pursuant thereto or any revenues pledged to the payment of such bonds or other forms of indebtedness.
Additionally, and to the extent not covered by the duties assigned to any trustee, the Treasurer of the Authority shall assume the duties described in California Government Code Section 6505.5, as follows:
(a) Receive and receipt for all money of the Authority
and place it in the treasury of the Treasurer of the
Authority:
(b) Be responsible upon his official bond
safekeeping and disbursement of all Authority money so held; C) Pay, when due, from money of the Authority so held,
all sums payable on outstanding bonds, or other forms of indebtedness, of the Authority;
(d) Pay any other sums due from the Authority, from
Authority money, or any portion thereof, only upon warrants of the Auditor of the Authority:
(e) Verify and report in writing to the Authority and to each of the Parties on a monthly basis the amount of money then held for the Authority, the amount of receipts since the prior monthly report and the amount paid out since the prior monthly report.
subject to applicable provisions of any trust indenture or financing agreement, which may provide for a trustee to receive, have custody of and disburse the Authority funds, the Treasurer of the Authority shall have the custody of and disburse Authority funds pursuant to the accounting procedures developed in accordance The Auditor of the Authority shall draw warrants to pay demands against the Authority when the demands have been approved by the Airport Manager of the Authority or any other person authorized to so approve in accordance with the accounting provisions developed in accordance with the provisions of section 8 hereof.
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The Authority may invest any money in the treasury that is not required for immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code.
Section 10. Non-Assignability of Participating
Interests.
The rights, titles and interests of any Party herein
shall not be assignable or transferable unless such assignment or transfer is required by law and is not within the control of the Party making the assignment or transfer.
Section 11. Budgets: Party Loans.
All Parties shall loan to the Authority any and all of
the necessary annual budgeted expenditures of the Authority. The principal amount of such Party loans shall bear interest at a rate agreed upon by and among the Parties and the Authority for each Fiscal Year which rate of interest shall be applied to all principal amounts loaned in such Fiscal Year until repaid in full and shall be repaid proportionately to each Party from legally available surplus revenues as shall be determined from time-to-time by the Commission. Each Party shall be responsible for its respective percentage of all annual expenses of the Authority in an amount equal to the percentage produced when dividing (1) the number of Members allocated to a Party under this Agreement, by (ii) the total number of Members then in the membership under this Agreement. All such loan funds shall be advanced by each Party on a monthly basis not later than the first business day of each calendar month. Any Party that is then in arrears by three (3) monthly loan advances, shall have the rights of its Member or Members to vote and participate in Commission meetings suspended until such time as all arrearages are then made current by such Party in whole, plus interest thereon, and the Authority shall not accept any partial payments of said amounts. During any period of time that a Party has not advanced its proportionate share of the annual expenses on a monthly basis, the other Parties shall each increase their percentage monthly advances commencing as of the month in which a default occurs by such Party by an amount equal to the dollar amount attributable to the defaulting Party's previously calculated percentage in the manner as provided above multiplied by the percentage produced when dividing (i) the number of Members allocated to a Party under this Agreement, by (ii) the total number of non-defaulting Members then in the membership under this Agreement. Each monthly payment not timely paid by a Party and received by the Authority by the date set forth above shall bear interest at a rate equal to one percent (14) per calendar month (or such other maximum interest rate as may be permitted by applicable California law), or any portion thereof, accruing from the date 20 d -L0-2
that the payment should have been made by such Party until the date that said Party remits the total balance of monthly payments then in arrears, plus applicable interest thereon. Upon payment of such arrearages in whole, plus interest thereon, the Authority shall distribute proportionately such amounts to the non-defaulting Parties. Upon any Party accumulating arrears on twelve (12) monthly loan advances, such Party shall be automatically expelled as a Party to this Agreement without any further action by the Authority, the Commission or any other Party. Such expelled Party may be subsequently readmitted as a Party to this Agreement only upon the approval of the legislative body to each Party that is then a Party to this Agreement upon such terms and conditions as the then remaining Parties may impose upon such readmittance.
During any period of time that a Party has been either suspended or expelled and there exists on the Commission voting Members of Parties in a number less than the numbers set forth in Section 2.B. hereot, (i) the quorum requirement under Section 2.C. (4) shall be reduced, it applicable, to be a majority of the Parties not suspended or expelled who are represented by a majority of the Members then on the Commission, and (ii) the voting requirement under Section 2. C. (5) shall be reduced, if applicable, to a lesser number that continues to be represented by a majority of the Members then on the Commission. It is anticipated that such funding by the Parties may continue for an extended period of time which cannot now be determined both prior to and subsequent to the time when the Authority accepts the transfer of the Airport Facility or accepts the operational responsibility therefor. Prior to the time or times when the Parties adopt their annual budgets, such funding will be required to be made by the Parties from any legally available funds that may be allocated for such purpose.
The Airport Manager shall prepare the Authority budget for whatever period of time is involved and submit it to the Commission for consideration and approval, and thereafter such Authority approved budget shall be submitted to the Parties for such action as they deem appropriate under the circumstances.
The budgeting process required by this Section for each Party to advance funds to the Authority shall be required of the Authority both prior to and subsequent to accepting the operational responsibility of the Airport Facility and until such time as the Authority is able to be financially self-supporting from Airport Facility derived revenue sources.
Section 12. Tezim. Amendments, Termination.
(a) This Agreement shall be effective when executed by
all of the Parties designated on the signature pages hereof; may be amended by unanimous consent of the Parties to include other municipal corporations or for any other lawful purpose; and shall continue for so long as necessary to carry out the purposes of any 43772 1130 -15-
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agreement with the United states Government or until terminated by unanimous consent, whichever is later; provided, however, that:
(i) This Agreement cannot be terminated until all
revenue bonds or other forms of indebtedness issued pursuant hereto, and the interest thereon, shall have been paid or adequate provision for such payment shall have been made in accordance with the resolution of the Authority authorizing the issuance thereof; and
(11) This Agreement cannot be amended in any manner
to the detriment of the holders of any such revenue bonds or other forms of indebtedness which are outstanding in
accordance with any resolution of the Authority authorizing the issuance thereof; and
(111) No termination or amendment shall adversely
affect the operation, repair, maintenance, improvement or administration of the Airport Facility; and
(iv) No termination or amendment shall be made which
is contrary to the language, spirit or intent of any contract and/or grant agreement entered into by the Authority with the United States of America, or any agreement entered into by the Authority with the State of California, or any department, administration or agency of either.
In the event the Authority for any reason
whatsoever, (1) is or becomes unable to, or (11) cannot legally or for any other reason, or (i11) the federal government or any agency thereof denies the Authority the right to, accept the transfer of the Airport Facility or assume the operational control and responsibility thereof by a date that becomes required for such transfer or assumption of the Airport Facility, then the County of San Bernardino may assume such operational control and
responsibility and transfer of the Airport Facility. Upon the County of San Bernardino or any other governmental body accepting the transfer of the operational control of the Airport Facility and accepting conveyance of the Airport Facility, then under such circumstances the Authority and this Agreement shall be deemed to be terminated and the Parties shall take all necessary actions to evidence such termination.
(c) If this Agreement is terminated, as provided in this Section 12, any property acquired as a result of the joint exercise of powers or the net sale proceeds (as used herein, "net sale proceeds" shall be those moneys or assets that remain after all indebtedness, loans and bonds, together with interest thereon, payable by the Authority, have been paid in full or provision for the payment thereof has been made and all moneys, to the extent applicable, have been disposed in such manner as may be required CSB000121DOC1
-16-
41172 1130
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pursuant to federal and State laws, rules and regulations then in effect) available upon a sale of any or all assets of the Authority be distributed or transferred in such manner as may be
determined by the Commission, and upon no action being taken to the contrary with regard to the disposition of property acquired and net sale proceeds, any and all such property acquired and net sale proceeds shall be transferred to the Inland Valley Development Agency. After completion of the purposes of this Agreement, and upon termination thereof, title to and possession of all property interests in the Airport Facility and improvements thereon then owned by the Authority shall be disposed in such manner as may be determined by the then Members of the Commission or as may be required by law or agreement to which the Authority is a party, and in the event no action is or can be taken by the Commission such title and possession shall revert to the Inland Valley Development Agency• Any surplus moneys on deposit with the Treasurer if not reguired to support the Airport Facility shall be transferred to the Inland Valley Development Agency unless otherwise directed by the then members of the Commission or unless otherwise required by law or agreement to which the Authority is a party.
Section 13. Notices.
Notice hereunder shall be sufficient if delivered to the Secretary of the Authority or to the City Clerk or Clerk of the Board of Supervisors, as appropriate, of each of the Parties.
Section 14. Miscellaneous.
The Section headings herein are for convenience only and are not to be construed as modifying or governing the language in the Section referred to. Whenever in this Agreement any consent or BEATE approval is required, the same shall not be unreasonably withheld.
This Agreement is made in the State of California under the constitution and laws of such State and is to be so construed.
Section 15. Successors.
This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto.
Section 16. Severability.
Should any part, term or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the United States of America or the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. 411792 1130 -17-
ат d 52-S S6-40-2
Section 17. Debte and Liabilities.
The debts and liabilities of the Authority shall be those of the Authority and not of the Parties. The Authority shall save, defend, indemnify and hold harmless all Parties,
officers and agents against and from all claims and liability for damage to property or personal injury received by reason of or in development, construction, improvements or
operations, whether aviation or otherwise authorized and approved by the Authority pursuant to its powers as stated in this Agreement, which may be occasioned by an act or omission on the part of the Authority, its agents or employees.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their proper officers se by a date first above written. their official seals to be hereto
COUNTY OF SAN BERNARDINO
By : tary Walker
Title: Chairman, Board of Supervisore
TEDINO COUN Dated: MAY 11 1992
(SEAL) 92-327
ATTEST:
EARLENE SPROAT, Clerk of the Board
of Supervisors
By
ark of the Board of
Supervisors
Approved as to Form:
Sandu
411792 1130 -18-
IT d EZ: ST S661-40-24
CITY OF COLTON, CALIFORNIA
By:
Title: MAYOR
Dated: MAY 5, 1992
(SEAL)
ATTEST:
delen Q. Reman
city Clerk
Approved as to Form:
Fate Digg
ttornes
CSB000121DOC11
DELL LOE -19-
ET 7101
CITY HIGHLAND, CALIFORNIA
By:
Dennis Johnson
Title: Mayor
Dated: April 21, 1992
(SEAL)
ATTEST:
sui Anderson
city clerk
Approved as to Form:
City Attorney
CSB000121DOC1
-20 -
411792 1130
IT'd S66T-40-2N
CITY OF LOMA LINDA, CALIFORNIA
Robert H. Christman
Title: Mayor
Dated: May 12, 1992
(SEAL)
ATTEST:
Ce to Byrner Dant
Approved as to Form:
Claper
City Attorney
-21-
OST LI
TO d BZ:ST
CITY OF REDLANDS, CALIFORNIA
By:
Dated: april 21, 1992
(SEAL)
ATTEST:
Beate Sandy, Deputy
City Clerk
Approved as to Form:
Quna do Senh: P
Attorney for Redlands
CSB000|21DOCH -22-
4147192 1130
20 d 62 ST
City of 5 Bino Res. 92-161 adopted 5/4/92
CITY OF SAN BERNARDINO, CA
82444
Title: W. R. Hol comb
Dated: 5/6/92
(SEAL)
ATTEST:
Rachel Kineney
• Clerk
Approved as to Form:
Sent Dan
City Attorney
CB00012 DOCH -23-
E0•d 62ST S6-402
EXHIBIT "A"
Airport Facility
p0 d
State of California
March Fong En
Secretary of State
STATEMENT OF FACTS
ROSTER OF PUBLIC AGENCIES FILING
(Government Code Section 53051)
Instructions
1. Complete and mail to: Secretary of State,
P.O. Box 944225, Sacramento, CA 94244-2250 (916) 324-6778
2. A street address must be given as the official mailing address (Office Use Only) or as the address of the presiding officer.
3. Complete addresses are required
4. If you need additional space, please inchide information on an 8½ X 11 page
New Filing (X] Update | 1
Legal name of Public Agency: San Bernardino Regional Airport Authority Nature of Update: -
County: _ San Bernardino
Official Mailing Address: - 201 North "E" Street, San Bernardino, CA 92401 Third Floor
Name and Address of each member of the governing board:
President
Chairman, President or other Presiding Officer (Indicate Title):
Name: Swen Larson Address: Same as above
Secretary or Clerk (Indicate Tille): - Secretary
Barbara Riordan Address: - Same as above
Name ..
Members
Name: Jack Reilly (Vice President Address: Same as above Name: Esther Estrada Address: Same as above
Name Roy Roman Address. Same as above
Robert H. Christman Address: Same as above
Name:
lame Dennis Johnson Address: Sappas above
28,1992 or Malasa Our Bidea
ate: May,
Barbara Riordan, Secretary
Typed Name and Title
50 d
FILE NO.
State of California
March Hong En
Becretary of State
NOTICE OF A JOINT POWERS AGREEMENT
(Government Code Section 6503.5 or 6503.7)
Instructions:
1. Complete and mail to: Secretary of State, P.O, Box 944225, Sacramento, CA 94244-2250 (916) 324-6778
2 Include filing fee of $5.00. (Office Use Only)
3. Do not include attachments, unless otherwise specified.
The name of the agency or entity created under the agreement and responsible for the administration of the agreement is: - San Bernardino Regional Airport Authority Mailing address _201 North "E" Street, 3rd Floor, San Rernardina, CA 92/01 Provide a short title of the agreement if applicable Joint Exercise of Powers Agreement Creating An Apency Te Be Known As The San Bernardine Regional Airport, Autharity The public agencies party to the agreement are: (Please see attached) (1) _County of San Bernardino
(2)C1ty of San. Bernarding
(3)_City ef Colton
if more space is needed, continue on a separate sheet and attach it to this form.
The effective date of the agreement is: _ May 20, 1992
Agreement do to enabe the tartes to perse there ports neid i a certain or e described as the acquisition, operation, repair, maintenance and administration of the aviation related portions of the Norton Air Force Base as a public airport, pursuant to applicable federal and State of California laws.
May 28,1992 Ble Cum Fiden
Date:
Barbara Riordan, Secretary of the
Typed Name and Title Authority
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Limited Partnership Division
March Fong Eu
823 - 12th Street, 3rd Floor Limited Partnerships (916) 334-5760 Secretary of State Spectel Filings (916) 384-6776
Sacramento, CA 95814 Trademark (916) 445-9672
August 20, 1992
SABO & GREEN
Attorneys At Law
Suite 400 RECD AUG 2 G 1992
6320 Canoga Avenue
Woodland HIlls, CA 91367
the purpose se cement of Facts toa
California Government Code Section 53051. This Statement of Facts pursuant to was filed as of June 2, 1992
For future updates we have enclosed a blank Statement of facts- form for your convenience. You may reproduce the form as necessary.
sincerely,
Firk Beauchamp
LINDA BEAUCHAMP, Supervisor
Special Filings Unit
Enclosure
20°d
Limited Partnership Division
March Fong Eu 923 - 12th Street, 3rd Floor Limiied Partnerships (916) 334-5:59 Secretary of State Special Fling (916) 334-5T7S
Sacramento, CA 95814 Trademarks (916) 445-9573
June 5, 1992
Sabo & Green
Attorneys At Law
6320 Canoga Avenue, Suite 400
Woodland.Hills, CA 91367
The purpose of this letter is to acknowledge the filing in this office of a Notice of a Joint Powers Agreement for california Government code Section 6503.5 or 6503 Pursuant to San Bernardino Regional Airport Authority filed as of June 2, 1992 and assigned file
number 1224
In the future, if additional information concerning this Joint Powers is to be reported to the Secretary of State's Office, please use the revised form which is enclosed.
If it is determined that this entity meets the reguirements for inclusion on the Roster of Public Agencies pursuant to Government Cove Section 53051, please complete a Statement of Facts form and submit it for filing. A form is enclosed for your convenience.
Sincerely,
LINDA BEAUCHAMP, Supervisor
Special Filings Unit
LB: câw
Enclosures
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Airports-NAFB
SB Regional Airport MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
IVDA
Inc Cities involved
Agr 92-327 AUGUST 10, 1992
FROM: HARRY M. MAYS
County Administrative Officer
SUBJECT: APPROVE AMENDMENT NO. 1 TO THE SAN BERNARDINO REGIONAL
AIRPORT AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT
RECOMMENDATION: Approve Amendment No. 1 to Agreement 92-327 "Joint Exercise "International'
BACKGROUND INFORMATION:
At the July 15. 1992, meeting of the Commission of the San Bernardino Regional Airport Authority, the Commissioners discussed changing the name of the Authority to the San Bernardino International Airport Authority and the name of the proposed airport to the San Bernardino International Airport for marketing purposes. The Commission instructed Authority staff to prepare an amendment to the existing Airport Authority Joint Exercise of Powers Agreement This amendment reflects the name changes of the Authority and the Commission only, for consideration by the five city members and the County of San Bernardino.
REVIEW BY OTHER DEPARTMENTS:
The recommended amendment has been reviewed by Lance Kjeldgaard. Deputy County Counsel.
FINANCIAL IMPACT:
There is no county cost associated with this amendment. cc: CAO w/agreements Action of the Board of Supervisors AGREEMENT NO. 92-327-A1
APPROVED OF SUPERVISORS
ENARDINO
Auditor w/agreemen
Purchasing - Contract MOTION AYE AYE
4 EARLENE THE BOARD
Risk Management BY
File
DATED: AU OR DINO COUTE 19900
12-950-000 | ch
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