HomeMy WebLinkAbout2016-05-10 - RESOLUTIONS - AMEND JOINT EXERCISE OF POWERS (3)RESOLUTION NO. PA 16-02
A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA
CLARITA, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY
OF AN AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT AND
TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
WHEREAS, on July 9, 1991, the City of Santa Clarita (the "City") and the City of Santa
Clarita Redevelopment Agency (the "Agency"), entered into a Joint Exercise of Powers Agreement,
as amended (together, the "Agreement") creating the Santa Clarita Public Financing Authority (the
"Authority"), pursuant to Articles 1 through 4 (commencing with Section 6500) of Chapter 5,
Division 7, Title 1 of the Government Code of the State of California (the "Act") for the purpose of,
among other things, issuing its bonds to be used to provide financing for public capital
improvements of the City; and
WHEREAS, the Agency was dissolved effective February 1, 2012, by way of
Assembly Bill x1 26 (as subsequently amended from time to time, the "Dissolution Act"); and
WHEREAS, the City elected to serve as the "successor agency" to the Agency ("Successor
Agency") by operation of the Dissolution Act, and the Successor Agency is a separate and
independent legal entity from the City charged with expeditiously "winding down" the affairs of the
Agency; and
WHEREAS, the City and the Successor Agency desire to amend the Agreement pursuant to
Section 8.05 thereof to add the Parking Authority of the City (the "Parking Authority") as a
Member thereunder and to remove the Successor Agency as a Member; and
WHEREAS, the Parking Authority desires to become a Member of the Authority.
NOW, THEREFORE, the Board of Directors of the Santa Clarita Parking Authority, does
hereby resolve as follows:
SECTION 1. Amendment to Joint Exercise of Powers Agreement. The Amendment to
Joint Exercise of Powers Agreement, by and among the City, the Parking Authority and the
Successor Agency (the "Amendment"), in substantially the form attached hereto as Exhibit A, is
hereby approved by the Board. The Chair of the Parking Authority, the Executive Director or the
Treasurer (each, an "Authorized Representative") is hereby authorized and directed, for and in the
name of the Parking Authority to execute and deliver the Amendment in such form, together with
such changes, insertions and omissions as may be approved by the Authorized Representative
executing the Amendment, such execution to be conclusive evidence of such approval. The Board
hereby authorizes the delivery and performance of the Amendment and all actions necessary or
advisable in connection with the execution and delivery thereof.
SECTION 2. Other Actions. The Authorized Representatives hereby authorized,
individually and collectively, to take all actions and execute any and all documents, certificates and
other instruments which they may deem necessary or advisable to consummate the execution and
delivery of the Amendment and to carry out, give effect to and comply with the terms and intent of
this Resolution. All actions heretofore taken by the Authorized Representatives, the Parking
Authority's other officers, or their respective designees, and the employees and agents of the
Parking Authority, in connection with the matters described in this Resolution, the Amendment is
hereby ratified, approved and confirmed.
SECTION 3. Effective Date. This Resolution shall take effect immediately upon its
adoption.
PASSED, APPROVED, AND ADOPTED this 10th day of May 2016.
ATTEST:
SECRET
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, Secretary of the Santa Clarita Parking Authority, do hereby certify that the
foregoing Resolution was duly adopted by the Board of Directors of the Santa Clarita Parking
Authority at a regular meeting thereof, held on the 10th day of May 2016, by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
Boydston, Acosta, McLean, Weste, Kellar
None
ABSENT: BOARDMEMBERS: None
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EXHIBIT A
AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
SANTA CLARITA PUBLIC FINANCING AUTHORITY
This AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT,
dated May 10, 2016 (this "Amendment"), is made by and among the City of Santa Clarita,
California (the "City"), the City as the Successor Agency to the Redevelopment Agency of the
City of Santa Clarita (the "Successor Agency") and the Parking Authority of the City (the
"Parking Authority"), each duly organized and existing under the laws of the State of California.
RECITALS:
WHEREAS, the City and the City of Santa Clarita Redevelopment Agency
entered into that certain Joint Exercise of Powers Agreement, dated July 9, 1991 (the
"Agreement"), for the purpose, among other things, of financing public capital improvements;
and
WHEREAS, the City and the Successor Agency desire to amend the Agreement
pursuant to Section 8.05 thereof to add the Parking Authority as a Member under the Agreement;
and
WHEREAS, adding the Parking Authority as a Member will facilitate the
issuance of revenue bonds by the Santa Clarita Public Financing Authority (the "Authority") to
assist the City refinance certain of its outstanding debt obligations and finance capital
improvements; and
WHEREAS, after the Parking Authority is a Member of the Authority hereby, the
Members desire to remove the Successor Agency as a Member;
NOW, THEREFORE, in consideration of the above premises and of the mutual
covenants hereinafter contained the parties hereto agree as follows:
AMENDMENTS:
Amendment to Definitions. Section 1.01 of the Agreement is hereby amended and
restated with respect to the following definitions:
"Members" means the City, the Parking Authority and any other Member under the
Agreement.
"Parking Authority" means the Santa Clarita Parking Authority.
ADDITION OF THE SANTA CLARITA PARKING AUTHORITY
AS A MEMBER
Addition of Member. The Parking Authority is hereby made a Member under the
Agreement for all purposes thereof.
REMOVAL OF SUCCESSOR AGENCY AS A MEMBER
Removal of Member. Upon execution by the Parking Authority of this Amendment, the
Successor Agency shall be and is hereby removed as a Member of the Agreement for all
purposes thereof. All references to "Agency" in the Agreement are hereby removed and
replaced with "Parking Authority."
MISCELLANEOUS
Counterparts. This Amendment may be simultaneously executed in several counterparts,
each of which shall be deemed an original and all of which shall constitute but one and the same
instrument.
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IN WITNESS WHEREOF, the parties hereto, by their officers thereunto duly authorized,
have executed and delivered this Amendment, effective as of the day and year first above
written.
ATTEST:
City Clerk
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ATTEST:
Secretary
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CITY OF SANTA CLARITA, CALIFORNIA
By: _
Name:
Title:
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF
SANTA CLARITA
By: _
Name:
Title:
SANTA CLARITA PARKING AUTHORITY
By: _
Name:
Title:
ATTEST:
Secretary
ACKNOWLEDGED AND ACCEPTED
SANTA CLARITA PUBLIC FINANCING AUTHORITY
By:
Name:
Title:
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