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HomeMy WebLinkAbout07-052 - Resolutions RESOLUTION NO. FD 07-052 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO ARTICLE 27 OF THE FOURTH AMENDED JOINT POWERS AGREEMENT OF THE FIRE AGENCIES INSURANCE RISK AUTHORITY WHEREAS, the Rancho Cucamonga Fire Protection District is a member agency of the "Fire Agencies Insurance Risk Authority" (FAIRA); and, WHEREAS, the Board of Directors of FAIRA, at its meeting of June 8, 2007, approved an amendment to the text of the Fourth Amended Joint Powers Agreement to modify the language contained in Article 27 (Amendment to Agreement); and WHEREAS, the Board of Directors of FAIRA has recommended that each of the Member Agencies consider and approve the amendment to Article 27; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has considered the proposed text amendment to Article 27 of the Fourth Amended Joint Powers Agreement and desires to give approval to the proposed, amended language. NOW, THEREFORE, be it resolved by the Board of Directors of the Rancho Cucamonga Fire Protection District as follows: 1. The proposed changes to Article 27 (Amendment to Agreement) of the Fourth Amended Joint Powers Agreement, as recommended by the FAIRA Board of Directors, and as shown in Exhibit "A" attached herewith to this Resolution, is hereby approved. 2. The Chairman of the Board of Directors is hereby authorized to execute a "Fifth Amended Joint Powers Agreement," which includes the changes to Article 27 approved herewith, at such time as the Fifth Amended Joint Powers Agreement is presented for signature. 3. The President or the Fire Chief of the Rancho Cucamonga Fire Protection District is hereby directed to notify FAIRA of the adoption of this Resolution and is further directed to provide a copy of this Resolution and return the attached Ballot to FAIRA. Please see the following page for formal adoption,certification and signatures Resolution No. FD 07-052 Page 2 of 4 PASSED, APPROVED, AND ADOPTED this 19`h day of September 2007. AYES: Gutierrez, Kurth, Spagnolo, Williams NOES: None ABSENT: Michael ABSTAINED: None Donald J. Kurth, M D., Presi ent ATTEST: De ra J. AdmSecretary I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 19" day of September, 2007. Executed this 20`h day of September 2007 at Rancho Cucamonga, California. Zutm R dtZ1Ld D bra J. Ad Secretary Resolution No. FD 07-052 Page 3 of 4 EXHIBIT "A" ARTICLE 27. AMENDMENT TO AGREEMENT This agreement may be amended from time to time with the consent of a majority of the Member Agencies voting on the proposed amendment, so long as not less than 51% of the Member Agencies have voted, acting through their legislative bodies, and in compliance with all applicable requirements of the Joint Powers Law. Any amendment of this Agreement shall become effective upon receipt by the Authority of notice of the approval of such amendment by the legislative bodies of a majority of the Member Agencies voting on the proposed amendment, so long as not less than 51% of the Member Agencies have voted, and satisfaction of the applicable requirements of the Joint Powers Law. Resolution No. FD 07-052 Page 4 of 4 BALLOT ELECTION ON AMENDMENTS TO ARTICLES 21 &27 OF THE FAIRA JOINT POWERS AGREEMENT The Rancho Cucamonga Fire Protection District. a member of FAIRA:, hereby votes on the following amendments listed below. The Rancho Cucamonga Fire Protection District has authorized the election ����by rresoll/ution(s) of the Board made and passed on xUlBnF00/U l� �� d / 2007. Designation of vote: Amendments: Yes No Amend Article 21 relating to the withdrawal of members to require 12 months advance written notice to the Authority by a withdrawing member. Amend Article 27 relating to the amendment o o of the Joint Powers Agreement to require x the approval of a majority of the Member Agencies which vote on a proposed amendment, so long as not less than 51% of the Member Agencies have voted. Dated: of ' t�, �Qy / 2007 Chairman/Authority B and or Designated Person A Authority Boar C rk or Designated Person