HomeMy WebLinkAboutResolution 98-043 03/16/1998 Resolution No. 9s-4s N.C.S.
of the City of Petaluma, California
1 RESOLUTION OF THE COUNCII. OF THE CITY OF PETALUMA AUTHORIZING THE
2 EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT
3
4 WHEREAS, the City ofPetaluma (the "City") desires to join with other counties, cities
5 and local agencies (the "Members"), pursuant to the laws of the State of California in the ABAG Finance
6 Authority For Nonprofit Corporations (the "Authority");
7
8 WHEREAS, there has been presented to this meeting a proposed form of the joint
9 exercise of powers agreement, dated as of April 1, 1990 and revised as of September 18, 1990 and
10 June 9, 1992 (the "Agreement"), pursuant to which the Authority was organized;
I1
12 WHEREAS, a purpose of the Authority is to assist the City and other Members in
13 providing for the financing, acquisition, construction and rehabilitation of multifamily rental housing
14 developments for the benefit of the inhabitants of the City and the other Members;
15
16 WHEREAS, the City may issue Bonds (as defined in the Marks-Roos Local Bond Pooling
17 Act of 1985, being Article 4 ofChapter 5 of division 7 of Title 1, commencing at Section 6584 of the
18 Government Code of the State of California (the "Act")), expend bond proceeds, borrow and loan money
19 for its corporate purposes under various provisions of law, and acquire, sell, develop, lease or administer
20 property pursuant to various provisions of law for the benefit of the lands and inhabitants of the City; and
21
22 WHEREAS, pursuant to the Act, the Authority may assist local agencies in financing the
23 acquisition, construction and rehabilitation of homes wherever there are significant public benefits for
24 taking the action and the participation by the City in the Authority will benefit.the City and the other
25 Members;
26
27 WHEREAS, under California law and the Agreement, the Authority is a public entity
28 separate and apart from the parties to the. Agreement and the debts, liabilities and obligations of the
29 Authority will not be the debts, liabilities or obligations of the City or any representative of the City
30 serving on the governing body of the Authority (the "Governing Body"); and
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32 NOW THEREFORE, the Council of the City of Petaluma (the "Council") hereby finds,
33 determines, declares and resolves as follows:
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35 1. Each of the foregoing recitals is correct and is certified to be a representation of the
36 Council.
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38 2 The Council hereby finds and declares that entering into the Agreement satisfies various
39 public purposes, including, without limitation, providing low and moderate income rental housing for
40 persons residing in the City.
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1 3. The proposed form of the Agreement, on file with the City Clerk and incorporated into
2 this Resolution by reference, is hereby approved. The Mayor of the City or the City Manager is hereby
3 authorized and directed to execute and deliver the Agreement in substantially said form, with such
4 changes, or additions thereto that hereafter may become necessary in the interests of the City and which
5 are reviewed and approved by the City Attorney, any such changes or additions to be conclusively
6 evidenced by the execution and delivery of the Agreement. The Council hereby authorizes the City Clerk
7 to attest to the Mayor's or the City Manager's signature.
8
9 4. Mayor Hilligoss is hereby appointed as the City's Representative to the Governing Board
10 for all purposes of representing the City's interests and exercising the authority of the City with respect to
11 the Authority and voting on behalf of the City on all matters delegated to the Governing Board. The City
12 Manager and Finance Director are hereby appointed as the City's Alternate Representatives to the
13 Governing Board for all purposes of representing the City's interests and exercising the authority of the
14 City with respect to the Authority and voting on behalf of the City on all matters delegated to the
15 Governing Board in the absence of the City's Representative.
16
17 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any
18 and all things and to execute and deliver any and al] documents which they may deem necessary or
19 advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this
20 resolution and the $greement. Such actions heretofore taken by such officers are hereby ratified,
21 confirmed and a proved.
22
23 6. This resolution shall take effect immediately upon its passage.
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25 7. The City Clerk or a deputy thereof is hereby directed to certify and deliver a copy of this
26 Resolution to the following:
27
28 David Castillo
29 Orrick, Herrington & Sutcliffe LLP
30 400 Sansome Street
31 San Francisco, California 941 l 1
32
33
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced end adopted by the Approved as to
Council ofthe City of Petaluma ata (Regular) (A~~dF31) meeting form
on the ...16th day of -•----....March......_..........................., 19_98. by the
following vote:
City Attorney
AYES: Keller, Torliatt, Read, Hamilton, Vice Mayor Maguire, Mayor Hilligoss
NOES: None
ABSENT: Sto pe ~ ~ ~
ATTEST : ~_..:1~". "P'
City Clerk Ma or
Cb~mcil File.._._......._............_.....
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