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Resolution Number 01-8-21-1RESOLUTION NO. 01-8-21-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING EXECUTION OF AMENDMENT NO. 5 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange (Districts 3 and 5), and the cities of Costa Mesa, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Laguna Woods, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement' and the "Agency"), which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Aliso Viejo (the "City") became effective on July 1, 2001; and WHEREAS, at a public hearing on July 24, 2001, the City enacted Ordinance No. 2001-011 adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement, and adopted Resolution No. 2001-041 establishing the Areas of Benefit, estimated costs and required fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City has requested admission as a party to the Agency; and WHEREAS, Section 9.1. of the Agreement provides that the unanimous consent of the Parties to such an Agency, evidenced by execution of a written amendment to the Agreement by all Parties, including the City of Aliso Viejo, is required to admit the City of Aliso Viejo as a Party. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, in anticipation of the events recited above, and in orderto enable the City of Aliso Viejo to participate fully in the Agency's Board meeting on September 13, 2001, hereby authorizes its Mayor to sign and the City Clerk to attest Amendment No. 5 of the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached as Exhibit "A." PASSED, APPROVED, AND ADOPTED this 21St day of August 2001. �� WY HART, MAYOR ATTEST: L M R ARET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 01-8-21-1was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 21 st day of August 2001, by the following vote: AYES: COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Bathgate, Gelff, Swerdlin and Mayor Hart None None R. MONAHAN, City Clerk