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SECOND AMENDMENT TO THE AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF FRESNO AND THE CITY OF SELMA
This Second Amendment to the Amended and Restated Memorandum of Understanding
(“Second Amendment”), executed on this _____ day of _______________, 2022 (“Effective Date”),
amends the Amended and Restated Memorandum of Understanding (the “MOU”) executed on February
27, 2007, as previously amended, by and between the County of Fresno, a political subdivision of the
State of California (“County”), and the City of Selma, a municipal corporation of the State of California
(“City”). County and City are each a “Party” to this Fourth Amendment and are collectively “the Parties.”
RECITALS:
WHEREAS, the Parties previously entered into a comprehensive MOU, dated February 27, 2007,
regarding development, City’s sphere of influence, annexation, sales tax, property tax, and other matters
impacting both parties; and
WHEREAS, the current term of the MOU is scheduled to expire on February 27, 2022; and
WHEREAS, a Second Amendment to the MOU is necessary and desirable to accommodate
extension of the MOU for one year from the expiration date of February 27, 2022, to provide additional
time for both Parties to complete ongoing negotiations regarding a longer-term extension.
NOW, THEREFORE, County and City hereby agree as follows:
1.Section 9.1 “Term of MOU” is hereby amended to read in its entirety as follows:
This RESTATED MOU shall commence as of the February 27, 2007 and remain in effect until
February 27, 2023, unless terminated prior to that time by mutual agreement of the parties. Further, the
post-termination remedies and provisions set forth in Section 9.9 this Restated MOU shall survive its
termination.
In addition, should all or any portion of this RESTATED MOU be declared invalid or inoperative
by a court of competent jurisdiction, or should any party to this RESTATED MOU fail to perform any of
its obligations hereunder, or should any party to this RESTATED MOU take any action to frustrate the
22nd February
Agreement No. 22-069
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intentions of the parties as expressed in this RESTATED MOU, then in such event, this entire RESTATED
MOU, as well as any ancillary documents entered into by the parties in order to fulfill the intent of this
RESTATED MOU, shall immediately be of no force and effect and, in particular, no property tax exchange
agreement, as required by Section 99 of the Revenue and Taxation Code, shall exist between the CITY
and COUNTY as to unincorporated property.
2.Upon the Effective Date of this Second Amendment, the MOU, as previously amended,
and this Second Amendment collectively constitute the MOU.
3.The MOU, as amended by this Second Amendment, is ratified and continued.
4.Unless expressly modified by the terms of this Second Amendment, all other terms of the
MOU remain in full force and effect.
(Signature page follows.)
1 IN VVITNESS WHEREOF , the Parties hereto have executed th is Fourth Amendment as of the
2 Effective Date.
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COUNTY OF FRESNO , a Political ,.
Subdivision of the State of Calcfornia ::"'!. ~J_ '
Brian Pacheco, Chairman of the
Board of Supervisors of the County
of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By · ~
Deputy
CITY OF SELMA, a Municipal
Corporation of the State of California
("City") /
ATTEST:
Reyn;:1 Rivera , . •
City Clerk, City of Selma
By :~~ WM
Reynaivera, City Clerk
REVIEWED AND RECOMMENDED FOR APPROW AJfl
By : \
F~ City Manager
APPROVED AS TO LEGAL FORM :
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f, I ./ (.. <._.....-,
emer, City Attorney
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