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HomeMy WebLinkAbout1991-11-12 - RESOLUTIONS - LACO TREASURY POOL INVESTMENT (2)RESOLUTION NO. 91-185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AUTHORIZING AND REQUESTING THE INVESTMENT OF EXCESS FUNDS IN THE LOS ANGELES COUNTY TREASURY POOL WHEREAS, California Government Code ("Government Code") Section 53684 allows local agencies in the County of Los Angeles (the "County") to deposit excess funds in the Los Angeles County Treasury Pool for the purpose of investment by the Treasurer and Tax Collector of the County (the "Treasurer") pursuant to Government Code Sections 53601 and 53635; and WHEREAS, Government Code Section 6502 allows public agencies, even if outside the County to enter into joint powers agreements with the County, under which excess funds may be deposited in the County Treasury Pool; and WHEREAS, the City of Santa Clarita is a local agency as that term is defined in Government Code Section 53600 and/or a public agency as that term is defined in Government Code Section 6500; and WHEREAS, the Board of Supervisors of the County has made the Government Code Section 53684 operative in the County and has authorized such joint powers agreements; and WHEREAS, the Treasurer of the City of Santa Clarita has determined that the City of Santa Clarita has excess funds which are not required for immediate use; and WHEREAS, this City Council has determined that it would be desirable to deposit the excess funds in the County Treasury Pool for the purpose of investment pursuant to Government Code Sections 53601 and 53635. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as follows: SECTION 1. The Treasurer of the City of Santa Clarita is hereby authorized and directed to request the Treasurer's consent to deposit in the County Treasury Pool those funds she deems to be excess and not required for immediate use, for the purpose of investment pursuant to Government Code Section 53601 and 53605, and subject to the terms and conditions set forth in Government Code Section 53684, and in accordance with the resolutions entitled "Resolution of the Board of Supervisors of the County of Los Angeles Authorizing the County Treasurer and Tax Collector to Invest Excess Funds of Public Agencies" and "Resolution of Board of Supervisors of the County of Los Angeles Authorizing the County Treasurer and Tax Collector to Invest Excess Fund of Public Agencies" adopted by the Board of Supervisors of the County of February 24, 1987, and on May 31, 1988, respectively. SECTION 2. This resolution, upon due adoption by this City Council and with the consent of the Treasurer as evidenced by her signature or that of her designated representative below, constitutes a joint powers agreement between the City of Santa Clarita and the County. RESOLUTION 91-185 Page 2 SECTION 3. The City Council hereby agrees to inform the Treasurer if and to the extent of any of the City of Santa Clarita's funds deposited in the County Treasury Pool pursuant to this joint powers agreement are proceeds of the issuance of bonds, certificates of participation, notes or other evidences of indebtedness ("Bond Proceeds"). If the Bond Proceeds are restricted by a certificate of the City Council relating to compliance with federal tax requirement ("Nonarbitrage Certificate"), the City Council agrees to provide the Nonarbitrage Certificate to the Treasurer so that the Treasurer can provide the market value of the Bond Proceeds as of the rebate calculation dates as provided in the Nonarbitrage Certificate. Notwithstanding the foregoing, the County takes no responsibility and the City Council is solely responsible for compliance with the terms and conditions of the Nonarbitrage Certificates and of any federal tax requirements that may apply to the Bond issuance. The City of Santa Clarita will review bond documents to determine if funds can be deposited into the County Treasury Pool. SECTION 4. The City Council hereby agrees to indemnify and hold harmless the County and all of its officers, employees and agents and each of them, from and against any and all loss, liability, expense and claims for damages of any nature whatsoever resulting from or arising out of any misrepresentations or false information provided by the City of Santa Clarita or any of its officers, employees or agents; or resulting from or arising out of any investments of only the City of Santa Clarita's funds made or authorized by the Treasurer in accordance with Government Code Section 53601 or Government Code Section 53635; or resulting from or arising out of the performance by the Treasurer or its officers, employees or agents of their duties with respect to only the City of Santa Clarita required by Government Code Section 53684 or by this joint powers agreement. Not withstanding the foregoing, this section does not apply to damages arising out of the gross negligence or willful misconduct of the County or any of its officers, employees or agents. SECTION 5. The City Clerk shall certify to the adoption of this resolution and certify this record to be a full, true, correct copy of the action taken. PASSED, APPROVED AND ADOPTED this 12th day of Novemher , 1991. l+'v �� Carl Boyer, Mayor RESOLUTION 91-185 Page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing Resolution vas duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 12th day of November , 1991 by the folloving vote of Council: AYES: COUNCILMEMBEES: Darcy, Heidt, Klajic, McKeon, Boyer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None M. Grindey, City Clerk Agreed and accepted on this mil day of Nnvpmhpr , 1991. Treasurer and Tax Collector of the County of Los Angeles