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HomeMy WebLinkAboutCC Reso No 2016-109 Delivery of a joint exercise of powers agreementRESOLUTION NO. 2016 -109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELSINORE AND THE PARKING AUTHORITY OF THE CITY OF LAKE ELSINORE WHEREAS, the City of Lake Elsinore, California (City), is a general law city organized and existing under the laws of the State of California; and, WHEREAS, the City, acting pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (JPA Act) may enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them and, pursuant to Government Code Section 6588, exercise certain additional powers; and, WHEREAS, the City and the Parking Authority of the City of Lake Elsinore (Parking Authority) desire to create and establish the Lake Elsinore Facilities Financing Authority (Authority) pursuant to the JPA Act; and, WHEREAS, there has been presented at this meeting a proposed form of Joint Exercise of Powers Agreement, dated as of September 1, 2016 (Joint Powers Agreement), by and between the City and the Parking Authority, which Joint Powers Agreement creates and establishes the Authority; and, WHEREAS, under California law and the Joint Powers Agreement, the Authority will be a public entity separate and apart from the parties to the Joint Powers Agreement, and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City, the Parking Authority or any representative of the City or the Parking Authority serving on the governing body of the Authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals and the statements, findings and determinations set forth in the preamble of the Joint Powers Agreement are true and correct. Section 2. The form of the Joint Powers Agreement on file with the City Clerk is hereby approved. The Mayor is hereby authorized and directed, on behalf of the City, to execute and deliver the Joint Powers Agreement substantially in the approved form, with such changes as may be recommended by the City Attorney or Stradling Yocca Carlson & Rauth, a Professional Corporation, as Bond Counsel, said execution being conclusive evidence of such approval. Section 3. The Mayor, the Mayor Pro Tern, or the City Manager or City Manager's designee, properly attested to by the City Clerk and approved as to form by the City Attorney, acting singly, is authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by the Joint Powers Agreement and this Resolution. All prior actions of such officers or staff of the City with respect thereto are hereby ratified and approved. Reso. No. 2016 -109 Page 2 of 2 Section 4. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Lake Elsinore, California, this 13th day of September, 2016, Brian Tisdale, Mayor ATTEST: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016 -109 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of September 13, 2016 and that the same was adopted by the following vote: AYES: Council Members Hickman, Johnson, and Manos; Mayor Pro Tern Magee and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None Susan M. Domen, MMC !