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HomeMy WebLinkAbout2016-166 1 RESOLUTION NO. 2016-166 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A 4 JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA 5 MUNICIPAL FINANCE AUTHORITY 6 WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of 7 the State of California (the "Act"), certain public agencies (the "Members") have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, 8 dated as of January 1, 2004 (the "Agreement"), in order to form the California Municipal Finance Authority (the "Authority"), for the purpose of promoting economic, cultural and community 9 development and in order to exercise any powers common to the Members, including the 10 issuance of bonds, notes or other evidences of indebtedness; and 11 WHEREAS, the City of San Bernardino, California (the "City") has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority 12 in order to facilitate the promotion of economic, cultural and community development activities 13 in the City, including the financing and refinancing of certain improvements to the City's Municipal Water Department and other projects therefor by the Authority; and 14 15 WHEREAS, there is now before this Common Council the form of the Agreement; and 16 WHEREAS, the Agreement has been filed with the City, and the members of this Common Council, with the assistance of its staff, have reviewed said document; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 19 SECTION 1. The Agreement is hereby approved and the Mayor, the City Manager, the 20 General Manager of the City's Municipal Water Department or any designee thereof is hereby 21 authorized and directed to execute said document, and the City Clerk or such Clerk's designee is hereby authorized and directed to attest thereto. 22 SECTION 2. The executing officers(s), the Clerk and all other proper officers and 2 3 officials of the City are hereby authorized and directed to execute such other agreements, 24 documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. 25 26 27 28 1 1 SECTION 3. The Clerk shall forward a certified copy of this Resolution and an 2 originally executed Agreement to the Authority in care of its counsel: 3 Ronald E. Lee, Esq. Jones Hall, APLC 4 475 Sansome Street, Suite 1700 5 San Francisco, CA 94111 6 SECTION 4. The delegation of authority from this Common Council to the Board of Water Commissioners of the City's Municipal Water Department to govern, operate, maintain 7 and improve the City's Municipal Water Department, including the financing and refinancing of 8 any and all capital projects of the City's Municipal Water Department, and to take any and all actions deemed necessary or desirable in furtherance thereof, pursuant to the City Charter and 9 prior and current actions of this Common Council, are hereby ratified, approved and confirmed in all respects. 10 11 SECTION 5. This Resolution shall take effect immediately upon its passage. 12 /// 13 /// 14 /// 15 /// 16 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 2-7 /// 28 /// 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING, AUTHORIZING, AND DIRECTING 2 EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO 3 THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 1St 6 day of August, 2016, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X 10 BARRIOS X 11 VALDIVIA X 12 13 SHORETT X 14 NICKEL X 15 RICHARD x- 16 MULVIHILL X 1 18 Georgeann ffarma, CMdx ity Clerk 19 The foregoing Resolution is hereby approved this day of August, 6. 20 21 �� 22 R. Carey Davi , Mayor City of San ernardino 23 Approved as to form: 24 Gary D. Saenz, City Attorney 25 By: t 26 27 28 3