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HomeMy WebLinkAbout2016-05-10 - RESOLUTIONS - SUCESSOR AGENCY TO RDA (2)RESOLUTION NO. 16-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT TO SUBSTITUTE THE SANTA CLARITA PARKING AUTHORITY FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA AS A MEMBER AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, on July 9, 1991, the City of Santa Clarita (City) and the City of Santa Clarita Redevelopment Agency (Agency), entered into a Joint Exercise of Powers Agreement (Agreement) creating the Santa Clarita Public Financing Authority (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 (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 xl 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 of Santa Clarita (Parking Authority) as a Member thereunder; and WHEREAS, following amendment of the Agreement to add the Parking Authority as a Member, the Successor Agency desires to be removed as a Member of the Authority. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. Recitals. All of the above recitals are true and correct and the City Council so finds. SECTION 2. Amendment to Joint Exercise of Powers Agreement. The Amendment to Joint Exercise of Powers Agreement, by and among the Authority, the Parking Authority and the Successor Agency (Amendment), in substantially the form attached hereto as Exhibit A, is hereby approved by the City Council. The Mayor, City Manager or Deputy City Manger/Director of Administrative Services (each, an Authorized Representative) is hereby authorized and directed, for and in the name of the City 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 City Council hereby authorizes the delivery and performance of the Amendment and all actions necessary or advisable in connection with the execution and delivery thereof. SECTION 3. Other Actions. The Authorized Representatives are 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 otherwise 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 City's other officers, or their respective designees, and the employees and agents of the City, in connection with the matters described in this Resolution and the Amendment are hereby ratified, approved and confirmed. SECTION 4. Costs and Expenses of the City. The Parking Authority shall be responsible for all costs and expenses incurred by the City in connection with the Amendment. SECTION 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this 10th day of May 2016. )Ayok— ATTEST: CITY CLERK l DATE: b 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 10th day of May 2016, by the following vote: AYES: COUNCILMEMBERS: Boydston, Acosta, McLean, Weste, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1 1 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 defmitions: "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. 1 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. CITY OF SANTA CLARITA, CALIFORNIA By: Name: Title: ATTEST: City Clerk SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA By: _ Name: Title: ATTEST: Secretary 1 SANTA CLARITA PARKING AUTHORITY IM Name: Title: ATTEST: Secretary ACKNOWLEDGED AND ACCEPTED SANTA CLARITA PUBLIC FINANCING AUTHORITY 1 Name: Title: 1