Resolution 14725CITY OF ALAMEDA RESOLUTION NO. 14725
AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE
OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF ALAMEDA
AND THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
RESOLVED, by the Board of Directors (the "Board ") of the City of
Alameda (the "City "), as follows:
WHEREAS, the City is a municipal corporation and chartered city duly
organized and existing under and pursuant to the California Government Code;
and
WHEREAS, the City, acting pursuant to Article I (commencing with
section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government
Code (the "JPA Law "), may enter into a joint exercise of powers agreement with
one or more other public agencies pursuant to which such contracting parties
may jointly exercise any power common to them and, pursuant to section 6588
of the California Government Code, to exercise certain additional powers; and
WHEREAS, pursuant to the JPA Law, certain public agencies, including
the City (the "CMFA Members "), have entered into a Joint Exercise of Powers
Agreement Relating to the California Municipal Finance Authority, dated as of
January 1, 2004, as amended (the "CMFA Agreement "), in order to form the
California Municipal Finance Authority ( "CMFA "), for the purpose of promoting
economic, cultural and community development and in order to exercise any
powers common to the CMFA Members, including the issuance of bonds, notes
or other evidences of indebtedness; and
WHEREAS, the City and CMFA desire to create and establish the City of
Alameda Financing Authority (the "Authority ") pursuant to the JPA Law; and
WHEREAS, there has been presented to this meeting a proposed form
of Joint Exercise of Powers Agreement (the "Agreement "), by and between the
City and CMFA, which agreement creates and establishes the Authority; and
WHEREAS, under California law and the Agreement, the Authority will
be a public entity separate and apart from the parties to the Agreement, and the
debts, liabilities and obligations of the Authority will not be the debts, liabilities
or obligations of the City or any representative of the City serving on the
governing body of the Authority; and
WHEREAS, there has been presented to this meeting the CMFA
Agreement.
NOW, THEREFORE, it is hereby DECLARED and ORDERED, as
follows:
Section 1. The statements, findings, and determinations set forth above
and in the preambles of the documents approved by this resolution are true and
correct.
Section 2. The form the Agreement, on file with the Secretary to the
Board, is hereby approved. The Mayor, the City Manager, the Assistant City
Manager or the Controller (each, an "Authorized Officer ") are each hereby
authorized and directed, on behalf of the City, to execute and deliver the
Agreement substantially in the approved form, with such changes as the
Authorized Officer executing such document may, with the concurrence of the
General Counsel of the City, require or approve, such approval to be
conclusively evidenced by the execution and delivery thereof.
Section 3. The City Clerk shall forward a certified copy of this Resolution
and an originally executed copy of the Agreement to CMFA in care of its
counsel:
Harriet M. Welch, Esq.
Squire, Sanders & Dempsey LLP
555 South Flower St, Suite 3100
Los Angeles, CA 90071 -2300
Section 4. The President of the Board, the Vice President of the Board,
the General Manager of the City, the Controller of the City, the Secretary to the
Board and all other appropriate officials of the City are hereby authorized and
directed to execute such other agreements, documents and certificates as may
be necessary to effect the purposes of this resolution.
Section 5. This Resolution shall take effect upon its adoption by the
Board.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 31st day of July, 2012, by the following vote to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 1St day of August, 2012.
Lara Weisiger, City
City of Alameda