20051213_r3

Resolution No. _____________

Board of Supervisors, County of San Mateo, State of California

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Resolution Transferring Jurisdiction of the East Palo Alto Drainage Maintenance District to the City of East Palo Alto as Requested by the City, and Authorizing the Transfer of All Assets and Liabilities of the Drainage Maintenance District to the City for the Benefit of the Drainage Maintenance District

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, the East Palo Alto Drainage Maintenance District (Drainage District) was formed as a drainage maintenance district of the County of San Mateo (County) as provided by Section 5820 et. sec. of the State of California Streets and Highways Code; and

WHEREAS, Section 5851 of the State of California Streets and Highways Code provides that if the whole of a district is included within one city, that the jurisdiction over the district shall be transferred by resolution of the board of supervisors if requested by a resolution adopted by the city; and

WHEREAS, the territory of the Drainage District is entirely within the corporate limits of the City of East Palo Alto (City); and

WHEREAS, the Redevelopment Agency of the City of East Palo Alto (Agency) and the County are entering into an agreement (Agreement) for the sale of property at the intersection of University Avenue and Bay Road in the City, hereinafter called Property; and

WHEREAS, the powers and duties of the Drainage District, as a condition of the sale of said Property, shall be assumed by the City; and

WHEREAS, the City Council of the City adopted Resolution No. 2515 on September 20, 2005, requesting this Board to transfer jurisdiction over the Drainage District to the City; and

WHEREAS, the City has presented a copy of said resolution to this Board.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the following shall occur on a date to be mutually agreed to by both the City and the Drainage District but no later than seventy-five (75) days after the date that this Board has adopted a resolution authorizing the execution of the purchase and sale agreement with the Agency for said Property as here in before mentioned:

1.

Jurisdiction over the East Palo Alto Drainage Maintenance District shall be transferred to the City of East Palo Alto as provided by Section 5851 of the State of California Streets and Highways Code;

2.

All the assets and liabilities of the East Palo Alto Drainage Maintenance District shall be turned over the City of East Palo Alto for the benefit of the East Palo Alto Drainage Maintenance District; and

3.

Operation and maintenance of the East Palo Alto Drainage Maintenance District shall be transferred over to the City of East Palo Alto by the Department of Public Works.

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Resolution No. _____________
Board of Supervisors, County of San Mateo, State of California
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Resolution Transferring Jurisdiction of the East Palo Alto Drainage Maintenance District to the City of East Palo Alto as Requested by the City, and Authorizing the Transfer of All Assets and Liabilities of the Drainage Maintenance District to the City for the Benefit of the Drainage Maintenance District
______________________________________________________________
RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, the East Palo Alto Drainage Maintenance District (Drainage District) was formed as a drainage maintenance district of the County of San Mateo (County) as provided by Section 5820 et. sec. of the State of California Streets and Highways Code; and

WHEREAS, Section 5851 of the State of California Streets and Highways Code provides that if the whole of a district is included within one city, that the jurisdiction over the district shall be transferred by resolution of the board of supervisors if requested by a resolution adopted by the city; and

WHEREAS, the territory of the Drainage District is entirely within the corporate limits of the City of East Palo Alto (City); and

WHEREAS, the Redevelopment Agency of the City of East Palo Alto (Agency) and the County are entering into an agreement (Agreement) for the sale of property at the intersection of University Avenue and Bay Road in the City, hereinafter called Property; and

WHEREAS, the powers and duties of the Drainage District, as a condition of the sale of said Property, shall be assumed by the City; and

WHEREAS, the City Council of the City adopted Resolution No. 2515 on September 20, 2005, requesting this Board to transfer jurisdiction over the Drainage District to the City; and

WHEREAS, the City has presented a copy of said resolution to this Board.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the following shall occur on a date to be mutually agreed to by both the City and the Drainage District but no later than seventy-five (75) days after the date that this Board has adopted a resolution authorizing the execution of the purchase and sale agreement with the Agency for said Property as here in before mentioned:

1.	Jurisdiction over the East Palo Alto Drainage Maintenance District shall be transferred to the City of East Palo Alto as provided by Section 5851 of the State of California Streets and Highways Code;

2.	All the assets and liabilities of the East Palo Alto Drainage Maintenance District shall be turned over the City of East Palo Alto for the benefit of the East Palo Alto Drainage Maintenance District; and

3.	Operation and maintenance of the East Palo Alto Drainage Maintenance District shall be transferred over to the City of East Palo Alto by the Department of Public Works.
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