HomeMy WebLinkAbout2016-212 I RESOLUTION NO. 2016-212
2 RESOLUTION OF THE BOARD OF THE SAN BERNARDINO JOINT POWER
FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES AN
3 APPOINTING SECRETARY AND GENERAL COUNSEL
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WHEREAS, the San Bernardino Joint Powers Financing Authority (the "Authority") is
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joint exercise of powers authority duly organized and operating pursuant to Chapter 5, Division
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7, Title 1 of the California Government Code (commencing with Section 6500) (the "JPA Act");
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and
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WHEREAS, the Authority was created by the Joint Exercise of Powers Agreement
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executed by and between the City of San Bernardino (the "City") and the former Redevelopment
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Agency of the City of San Bernardino, dated August 21, 1989, as amended (the "JP
11 Agreement"); and
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WHEREAS, the current members of the Authority are the City and the City of San
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Bernardino as Successor Agency to the former Redevelopment Agency of the City of San
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Bernardino; and
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WHEREAS, Section 4.B. of the JPA Agreement provides that the Authority shall b
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administered by a Board (the "Board"), which shall consist of the members of the Common
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Council of the City; and
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WHEREAS, Section 5 of the JPA Agreement provides that the Authority shall have the
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power to finance and refinance public capital improvements through the issuance of notes an
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bonds; and
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WHEREAS, to fulfill its purposes, the Authority, from time to time, authorizes the
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issuance of bonds pursuant to the JPA Act including Article 4 (commencing with Section 6584
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of Chapter 5, Division 7, Title 1 of the California Government Code therein; and
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WHEREAS, the public capital improvements financed by the Authority through the
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issuance of bonds include an office building and related facilities (the "Facilities") located at 46
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I West 4th Street in the City and leased by the Authority to the Department of Transportation of the
2 State of California("Caltrans"); and
3 WHEREAS, the debt service payments on the bonds issued by the Authority to finance
4 the Facilities consist are made by the State of California and are funded wholly by the leas
5 payments made by Caltrans for the use of the Facilities; and
6 WHEREAS, the State of California seeks to reduce said debt service and lease payment
7 through the issuance by the Authority of refunding bonds; and
8 WHEREAS, Government Code Section 6592.1 provides that a joint exercise of power
9 authority such as the Authority may adopt a resolution authorizing the issuance of bonds only
10 during a regular meeting held pursuant to Government Code Section 54954; and
11 WHEREAS, Section 4.C.(1) of the JPA Agreement provides that the Authority may by
12 resolution fix the dates upon which, and the hour and place at which, any regular meeting of the
13 Authority shall be held;
14 WHEREAS, the Authority desires to adopt this resolution in accordance with the
15 provisions of Section 4.C.(1) of the JPA Agreement and Government Code Sections 6592.1 an
16 54954 to establish dates for regular meetings of the Authority; and
17 WHEREAS, Section 4.D.(1) of the JPA Agreement provides that the Authority shall
18 appoint a Secretary of the Authority by resolution; and
19 WHEREAS, the Authority desires to appoint the City Clerk of the City as the Secretary
20 of the Authority; and
21 WHEREAS, the Authority desires to appoint the Office of the City Attorney of the
22 City as the General Counsel to the Authority.
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24 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF THE SA
BERNARDINO JOINT POWERS FINANCING AUTHORITY AS FOLLOWS:
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I SECTION 1. Each of the foregoing recitals is true and correct.
2 SECTION 2. In accordance with Section 4.C.(1) of the JPA Agreement, an
3 notwithstanding any prior resolutions or actions of the Authority to the contrary, a regular
4 meeting of the Board of the Authority shall be held at 4:00 p.m. on each of November 7, 2016,
5 and November 21, 2016, which regular meetings may be held as a joint meeting of the Board an
6 the Common Council of the City and may be adjourned or continued from time to time as
7 permitted by law, including as set forth in Government Code Sections 54955 and 54955.1. Such
8 regular meetings shall be held in the Council Chamber of the City, located at 300 North "D'
9 Street, San Bernardino, California. In the event that the Secretary determines that there is n
10 business of the Authority to be conducted at either of the regular meetings set forth in this
11 Section 2, then the Chairperson, Vice Chairperson, the Secretary and other officers of the
12 Authority are authorized to take whatever actions are required by law to cancel such regularly
13 scheduled meeting.
14 SECTION 3. The City Clerk of the City is hereby appointed as the Secretary of the
15 Authority and shall be authorized to carry out all the functions of the Secretary as set forth in the
16 JPA Agreement. The office of the City Attorney is hereby appointed as General Counsel to the
17 Authority.
18 SECTION 4. The Chairperson, Vice Chairperson, Secretary, Treasurer and Controller of
19 the Authority and the Authority General Counsel are authorized and directed, jointly an
20 severally, to do any and all things which they may deem necessary or advisable in order t
21 effectuate the purposes of this resolution, and such actions previously taken by such officers are
22 hereby ratified and confirmed.
23 SECTION 5. This resolution shall take effect immediately upon its adoption.
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1 RESOLUTION OF THE BOARD OF THE SAN BERNARDINO JOINT POWER
FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES AN
2 APPOINTING SECRETARY AND GENERAL COUNSEL
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of
5 the San Bernardino Joint Powers Financing Authority at a joint adjourned regular meeting
6 thereof, held on the 10th day of October, 2016, by the following vote, to wit:
7 Board Members: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ X-
9 BARRIOS X
10 VALDIVIA X
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SHORETT X
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NICKEL X
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RICHARD X
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MULVIHILL X
15 J
pLA
17 Georgeann Hanna, Secretary
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19 The foregoing resolution is hereby approved this day of tober, 2016.
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21 R. Carey Dav s, Chairperson
22 Approved as to form:
23 Gary D. Saenz,
Authority General Counsel
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By:
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