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HomeMy WebLinkAbout1997-10-28 - RESOLUTIONS - CLMD 1867 TRSFR (3)RESOLUTION NO. 97-124 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AND THE LOS ANGELES COUNTY BOARD OF SUPERVISORS APPROVING THE TRANSFER OF JURISDICTION OVER COUNTY LIGHTING MAINTENANCE DISTRICT (CLMD) NO. 1867, SITUATED WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF SANTA CLARITA FROM THE COUNTY OF LOS ANGELES TO THE CITY OF SANTA CLARITA WHEREAS, The City of Santr Clarita, by Resolution No. 97-124, adopted October 28, 1997, has requested and consented to the transfer of jurisdiction from the County of Los Angeles to the City of Santa Clarita over County Lighting Maintenance District (CLMD) No. 1867, located within the territorial boundaries of the incorporated City and such resolution has been transmitted to the County, and has authorized the Mayor and/or the City Engineer to accept the transfer on behalf of the City of Santa Clarita and the City Engineer to execute all documents necessary to complete the transfer of this District from the County of Los Angeles to the City of Santa Clarita, and such resolution has been transmitted to the County; WHEREAS, Section 5851 of the Streets and Highways Code provides that if the whole district formed pursuant to the Improvement Act of 1911, Division 7 of the California Streets and Highways Code, is included within one city, upon receipt of a resolution of the city requesting transfer of jurisdiction over the district and the funds of the district, jurisdiction over the district shall be transferred by resolution of the Board of Supervisors to the city and the funds of the district shall be paid to the treasurer of the city to be used by the city for the benefit of the district; and WHEREAS, the boundaries of CLMD No. 1867 are located entirely within the corporate boundaries of the City of Santa Clarita. NOW THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DO HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: SECTION 1. That the City Council requests transfer of jurisdiction over CLMD No. 1867 from the County of Los Angeles to the City of Santa Clarita, and the County of Los Angeles and the City of Santa Clarita agree to the transfer of jurisdiction over CLMD No. 1867 from the County of Los Angeles to the City of Santa Clarita effective July 1, 1998. SECTION 2. That the City Council authorized the Mayor and/or City Engineer to accept the transfer on behalf of the City of Santa Clarita and the City Engineer to execute all documents necessary to complete the transfer of this District. SECTION 3. That the transfer shall take effect on July 1, 1998. The County of Los Angeles will continue all duties associated with administration of the District until such time as the District is formally turned over and accepted by the City on July 1, 1998. RESOLUTION NO. 97-124 October 28, 1997 - Page 2 SECTION 4. That all records for CLMD 1867 and LLA -1, Santa Clarita Zone, be transferred to the City of Santa Clarita within thirty (30) days from the effective date of jurisdictional transfer. SECTION 5. That upon the effective date of the transfer of jurisdiction, CLMD No. 1867 shall be designated "Santa Clarita Lighting Maintenance District No. 2." SECTION 6. That all subsequent annexations of territory into the City shall automatically include the transfer of jurisdiction of the Street Lighting Maintenance District as part of the process to annex unincorporated territory into the City of Santa Clarita. SECTION 7. The City of Santa Clarita agrees to indemnify, defend, and hold harmless County and all of its officers, agents, and employees from any and all liability, claims, damages, or injuries to any person, including irq ury to City employees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this Agreement, or as caused or claimed to be caused by the acts or omissions of City, its agents, or employees, and all expenses of investigation and defending against same; provided, however, that this indemnification and hold harmless provision shall not apply to any claim arising from the active negligence or willful misconduct of the County, its agents, or employees. SECTION 8. NULL AND VOID. The City of Santa Clarita agrees to the terms of this Joint Resolution as executed by the City Council on the date below. Should any terms or conditions herein be changed or altered in any form or manner, after the date of execution by the City of Santa Clarita, this resolution shall be deemed null and void. SECTION 9. The Executive Officer -Clerk of the Board of Supervisors is hereby ordered and directed to file a certified copy of this Joint Resolution with the County Auditor - Controller. PASSED, APPROVED AND ADOPTED this 2,¢m day of October 19 97. PIKE MR. e ATTEST: CITY CLERK RESOLUTION NO. 97-124 October 28, 1997 - Page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 28 day of October 19 97 by the following vote of Council: AYES: COUNCILMEMBERS: Darcy, He!.dt, Smyth NOES: COUNCILMEMBERS: none ABSENT: COUNCILMEMBERS: Boyer, Rlajic 'k'A' '-'� , CITY CLERK The foregoing Joint Resolution No. 97-124 was adopted by the Board of Supervisors of the County of Los Angeles, State of California, on the day of 199 Chairman, Board of Supervisors DMKlk] ..nW ..d.d.d.k JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors County of Los Angeles 0