HomeMy WebLinkAbout1994-10-25; City Council; 12915; CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITYt TY OF CARLSBAD - A DA BILL 3$/5=-
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MTG. 10/?5/94
CITY M DEPT. CM
CITY A DEVELOPMENT AUTHORITY
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RECOMMENDED ACTION:
Adopt Resolution No. 4Y-j@ Approving, Authorizing and Directing execution of an Amend& and Rwtated Joint Exercke 01 Powers Agreement Relating to the California Statewide Communities Development Authority.
ITEM EXPLANATION
Under both state and federal law, local governments are given the power to issue
tax-exempt debt to fund a variety of public purpose projects. Typically these
projects fall under the heading of infrastructure such as streets, utilities, buildings,
recreational facilities, and housing. In addition, the law also provides the power
for local governments to issue Industrial Development Bonds (IDB), to assist
certain types of new manufacturing businesses, and non-profit organizations
through issuance of debt to fund certain facilities. For example, the City could
assist a 501 (c)(3) organization with the issuance of debt to fund the construction
of a school, educational facility, buildings or improvements used exclusively by the
non-profit entity.
lD6s and bonds issued to assist a non-profit agency do not become debt of the
City (the issuing agency). The business or non-profit entity who benefits from the
debt has the sole responsibility for the repayment of both principal and interest
on any debt issued under this structure.
However, the City does have certain due diligence responsibilities when acting as
a conduit for tax-exempt debt. These responsibilities include determining that the
issue is conducted in accordance with existing law, and that the issue is
monitored during its life to insure compliance with debt service schedules and
bond covenants. In the event of default on the part of the non-profit entity, the
City would be responsible for assisting the trustee in implementing whatever
remedies were necessary.
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The benefit to the community from the City’s participation in this type of conduit
issue is that qualified businesses and non-profit organizations are provided with
an opportunity to tap into the tax-exempt bond market when financing large scale
projects, thereby saving millions of dollars in interest payments, and facilitating the
construction of valuable projects. The risk is that the City is charged with
monitoring responsibilities over the life of the issue.
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If the City is interested in providing assistance to qualified businesses and non-
profit agencies but is hesitant to take on the long term responsibilities of
managing a conduit issue, the California Statewide Communities Development
Agency (CSCDA) can provide an alternative. The CSCDA is a joint powers
authority originally formed by the League of California Cities and the California
State Association of Counties (CSAC) that now has 183 member agencies
including more than 100 cities, 40 counties, and 40 special districts and
redevelopment agencies.
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Page Two of Agenda Bill No. /ai cii 5
CSCDA specializes in structuring IDB and non-profit organization bond issues
where CSCDA takes over the City's role and responsibilities as the issuer of the
debt. The member agency's role is then limited to referring any interested
business or non-profit entity to CSCDA, and holding a single public hearing in
advance of any issue related to funding a project within the member's
jurisdictional boundaries. The Council retains the sole authority to recommend or
deny a qualified project for funding by CSCDA. The ability to offer IDB and non-
profit funds through CSCDA also provides the City with an additional economic
development tool with no cost or risk to the City.
There is no fee for joining CSCDA. Any fees related to participation in CSCDA are
paid for by the business or non-profit agency using the CSCDA services.
Staff is recommending that the Council adopt the attached resolution authorizing
the City to join CSCDA. A copy of the Joint Exercise of Power Agreement spelling
out the relationship of the City and CSCDA is also attached to this agenda bill.
FISCAL IMPACT:
There will be no direct cost to the City of Carlsbad related to joining CSCDA. Any
fees for service or administration of the authority will be paid by the business or
non-profit issuer if and/or when a debt issue is completed. Indirect costs to the
City will be limited to the minor amounts of staff time related to directing
businesses and non-profit agencies to CSCDA with their questions and proposals.
EXHIBITS:
1. Resolution No. 9(r"-fo0 Approving, Authorizing and Directing execution of
an Amended and Restate Joint Exercise of Powers Agreement Relating to
the California Statewide Communities Development Authority.
2. Joint Exercise of Power Agreement.
3. Background information on CSCDA.
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0 0 EXHIBIT 1
RESOLUTION NO. 94-900
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING, AUTHORIZING AND
DIRECTING EXECUTION OF AN AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT RELATING TO
THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORIlY
WHEREAS, the City of Carlsbad, California (the "City") has expressed an ir
in participating in the economic development financing programs (the "Prograr;
conjunction with the parties to that certain Amended and Restated Joint Exerc
Powers Agreement Relating to the California Statewide Communities develol
Authority,, dated as of June 1 , 1988 (the "Agreement"); and
WHEREAS, there is now before this City Council the form of the Agreemen
WHEREAS, the City proposes to participate in the Programs and desire
certain projects to be located within the City be financed p.ursuant to the Program
it is in the public interest and for the benefit that the City do so;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car
California as follows:
1. The Agreement is hereby approved and the City Manager or thl
Manager's designee is hereby authorized and directed to execute said documen
such changes, insertions and omissions as may be approved by the City Manage
the City Clerk or her designee is hereby authorized and directed to affix the City':
to said document and to attest thereto.
2. The Mayor, City Manager, City Clerk and all other proper officer:
officials of the City are hereby authorized and directed to execute such
agreements, documents and certificates, and to perform such other acts and deec
may be necessary or convenient to effect the purposes of this Resolution an1
transactions herein authorized.
3. The City Clerk shall certify the adoption of this Resolution, and theno
and thereafter the same shall be in full force and effect.
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4. The City Clerk shall forward a certified copy of this Resolution tc
following:
' Steven L. Maler, Esq.
Orrick, Herrington & Sutcliffe
777 South Figueroa Street, Suite 3200
Los Angeles, CA 90017
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cout
the City of Carlsbad, California, held on the 25th day of ' October , 1994, t=
following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, and Finnila
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
ALETHA L. RAUTENKRANZ \
City Clerk . I
(SEAL)
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I e e EXHIBIT 2
AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
REJATING TO THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
THIS AGREEMENT, dated as of June 1, 1988, by and among the parties executing this Agreement (all such parties,
except those which have withdrawn in accordance with Section
13 hereof, being herein referred to as the "Program Participants").:
WITNESSETH
WHEREAS, pursuant to Title 1, Division 78 Chapter 5
of the Government Code of the State of California (the "Joint
Exercise of Powers Act"), two or more public agencies may by
agreement jointly exercise any power common to the contracting parties; and
WHEREAS, each of the Program Participants is a "public agency" as that term is defined in Section 6500 of the Government Code of the State of California, and
ClTHEREAS, each of the Program Participants is empowered to promote economic development, including, without
limitation, the promotion of opportunities for the creation or
retention of employment, the stimulation of economic activity, and the increase of the tax base, within its boundaries; and
WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue
industrial development bonds pursuant to the California
Industrial Development Financing Act (Title 10 (commencing
with Section 91500 of the Government Code of the State of
California)) (the "Act") and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of law to promote economic development through the issuance of bonds, notes, or other evidences of
indebtedness, or certificates of participation in leases or
other agreements (all such instruments being herein
collectively referred to as "Bonds"); and.
WHEREAS, in order to promote economic development
within the State of California, the County Supervisors
Association of California ("CSAC"), together with the
California Manufacturers Association, has established the Bonds for Industry program (the "Program").
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WHEREAS, in furtherance of the Program, certain California counties (collectively; the "Initial Participants")
have entered into that certain Joint Exercise of Powers Agreement dated as of November 18, 1987 (the "Initial Agreement"), pursuant to which the California Counties
Industrial Development Authority has been established as a separate entity under the Joint Exercise of Powers Act for the purposes and with the powers specified in the Initial Agreement; and
WHEREAS, the League of California Cities ("LCC")
has determined to join as a sponsor of the Program and to
actively participate in the administration of the Authority; and
WHEREAS, the Initial Participants have determined
to specifically authorize the Authority to issue B.onds
pursuant to Article 2 of the Joint Exercise of Powers Act ("Article 2") and Article 4 of the Joint Exercise of Powers
Act ("Article 4-1, as well as may be authorized by the Act or other applicable law; and
WHEREAS, the Initial Participants desire to rename
the California Counties Industrial Development Authority to
better reflect the additional sponsorship of the Program; and
WHEREAS, each of the Initial Participants has
determined that it is in the public interest of the citizens within its boundaries, and to the benefit of such Initial . Participant and the area and persons served by such Initial
Participant, to amend and restate in its entirety the Initial
Agreement in order to implement the provisions set forth
above; and
WHEREAS, it is the desire of the Program Participants to use a public entity established pursuant to
the Joint Exercise of Powers Act to undertake projects within their respective jurisdictions that may be financed with Bonds issued pursuant to the Act, Article 2, Article 4, or other
applicable provisions of law; and
WHEREAS, the projects undertaken will result in significant public benefits, including those public benefits set forth in Section 91502.1 of the Act, an increased level of economic activity, or an increased tax base, and will therefore serve and be of benefit to the inhabitants of the jurisdictions of the Program Participants;
NOW, THEREFORE, the Program Participants, for and
in consideration of the mutual promises and agreements herein ,
contained, do agree to amend and restate the Initial Agreement in its entirety to provide as follows:
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Section 1. PurPose-
This. Agreement is made pursuant to the provisions of
the Joint Exercise of Powers Act, relating to the joint exercise of powers common to public agencies, in this case
being the Program Participants. The Program Participants each possess the powers referred to in the recitals hereof. The
purpose of this Agreement is to establish an agency for, and
with the purpose of, issuing Bonds to finance projects within
the territorial limits of the Program Participants pursuant to
the Act, Article 2, Article 4, or other applicable provisions of law; provided, however that nothing in this Agreement shall be construed as a limitation on the rights of the Program
Participants to pursue economic development outside of this
Agreement, including the rights to issue Bonds through
industrial development authorities under the Act, or as
otherwise permitted by law.
' Within the v'arious jurisdictions of the Program
Participants such purpose will be accomplished and said powers
exercised in the manner hereinafter set forth.
Section 2. Term.
This Agreement shall become effective in accordance
with Section 18 as of the date hereof and shall continue in
full force and effect for a period of forty (40) years from
the date hereof, or until such time as it is terminated in
writing by all the Program Participants; provided, however,
' that this Agreement shall not terminate or be terminated until
the date on which all Bonds or other indebtedness issued or
caused to be issued by the Authority shall have been retired,
or full provision shall have been made for their retirement, including interest until their retirement date.
Section 3. Authoritv.
A. CREATION AND POWERS OF AUTHORITY.
(1) Pursuant to the Joint Exercise of Powers Act, there
is hereby created a public entity to be known as the "California Statewide Communities Development Authority" (the "Authority"), and said Authority shall be a public entity separate and apart from the Program Participants. Its debts, liabilities and obligations do not constitute debts,
liabilities or obligations of any party to this Agreement.
B. COMMISSION.
The Authority shall be administered by a Commission
(the "Commission") which shall consist of seven members, each
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I serving in his or her individual capacity as a member of the
Commission. The Commission shall be the administering agency
of this Agreement, and, as such, shall be vested with the
powers set forth herein, and shall execute and administer this Agreement in accordance with the purposes and functions provided herein.
Four members of the Commission shall be appointed by the governing body of CSAC and three members of the Commission shall be appointed by the governing body of LCC. Initial members of the Commission shall serve a term ending June 1,
1991. Successors to such members shall be selected in the manner in which the respective initial member was selected and
shall serve a term of three years. Any appointment to fill an
unexpired term, however, shall be for such unexpired term.
The term of office specified above shall be applicable unless
the term of office of the respective member is terminated as
hereinafter provided, and provided that the term of any member shall not expire until a successor thereto has been appointed as provided herein.
Each of CSAC and LCC may appoint an alternate member
of the Commission for each member of the Commission which it
appoints. Such alternate member may act as a member of the
Commission in place of and during the absence or disability of
such regularly appointed member. All references in this
Agreement to any member of the Commission shall be deemed to
refer to and include the applicable alternate member when so
r. acting in place of a regularly appointed member.
Each member or alternate member of..the Commission
may be removed and replaced at any time by'the governing body
by which such member was appointed. Any individual, including any member of the governing body or staff of CSAC or KC, shall be eligible to serve as a member or alternate member of
the Commission.
Members and alternate members of the Commission shall not receive any compensation for serving as such but shall be entitled to reimbursement for any-expenses actually incurred in connection with serving ds a member or alternate member, if the Commission shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.
C. OFFICERS; DUTIES; OFFICIAL BONDS.
The Commission shall elect a Chair, a Vice-Chair,
and a Secretary of the Authority from among its members to
serve for such term as shall be determined by the Commission. The Commission shall appoint one or more of its officers or
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the Authority (the "Treasurer") pursuant to Section 6505.6 of
the Joint Exercise of Powers Act to serve for such term as shall be determined by the .Commission.
Subject to the applicable provisions of any
resolution, indenture or other instrument or proceeding
authorizing or securing Bonds (each such resolution,
indenture, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal
agent, the Treasurer is designated as the depositary of the
Authority to have custody of all money of the Authority, from whatever source derived.
The Treasurer of the Authority shall have the
powers, duties and responsibilities specified in Section 6505.5 of the Joint Exercise of Powers Act.
The Treasurer of the Authority is designated as the
public officer or person who has charge of, handles, or has
access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Commission but in no event less than $1,000; If and to the extent permitted by law, any such officer may satisfy this requirement by filing an official bond in at least said amount obtained in connection with another public office.
T The Commission shall have the power to appoint such
other officers and employees as it may deem necessary and to
retain independent counsel, consultants and. accountants.
The Commission shall have the power, by resolution,
to the extent permitted by the Joint Exercise of Powers Act or
any other applicable law, to delegate any of its functions to
one or more of the members of the Commission or officers or . agents of the Authority and to cause any of said members, officers or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Commission or the Authority.
D. MEETINGS OF THE COMMISSION.
(1) war Meetin-
The Commission shall provide for its regular meetings; provided, however, it shall hold at least one
regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution
of the Commission and a copy of such resolution shall be filed
with each party hereto.
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Special meetings of the Commission may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California.
(3) ELaLph M. Brown Act.
All meetings of the Commission, including, without limitation, regular, adjourned regular, special, and adjourned. special meetings shall be called, noticed, held and conducted in accordance with the provisions of.the Ralph M. Brown Act
(commencing with Section 54950 of the Government Code of the
State of California).
(4) Minutes.
The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Commission and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Commission.
(5) Ouorum.
A majority of the members of the Commission which includes at least one member appointed by the:governing body of each of CSAC and LCC shall constitute a quorum for the
Commission except upon the affirmative vote of a majority of the members of the Commission which includes.at least one member appointed by the governing body of each of CSAC and
LCC, except that less than a quorum may adjourn a meeting to
another time and place.
, transaction of business. No action may be taken by the
E. RULES AND REGULATIONS.
The Authority may adopt, from time to time, by resolution of the Commission such rules and regulations for
the conduct of its meetings and affairs as may be required.
Section 4. w.
The Authority shall have any and all powers relating
to economic development authorized by law to each of the
parties hereto and separately to the public entity herein created, including, without limitation, the promotion of opportunities for the creation and retention of employment,
the stimulation of economic activity, and the increase of the tax base, within the jurisdictions of such parties. Such
powers shall include the common powers specified in this
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Agreement and may be exercised in.the manner and according to
the method provided in this Agreement. All such powers common
to the parties are specified as powers of the Authority. The Authority is'hereby authorized to do all acts necessary for
the exercise of such powers, including, but not limited to,
any or all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or
maintain and operate, any buildings, works or improvements; to
incur debts, liabilities or obligations; to receive gifts,
contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and any goverrmental entity; to sue and be sued in its own
name: and generally to do any and all things necessary or convenient to the promotion of economic development, including without limitation the promotion of opportunities for the
creation or retention of employment, the stimulation of
economic activity, and the increase of the tax base, all as
herein contemplated. Without limiting the generality of the foregoing, the Authority may issue or cause to be issued
bonded and other indebtedness, and pledge any property or revenues as security to the extent permitt.ed under the Joint Exercise of Powers Act, including Article 2 and Article 4, the Act or any other applicable provision of law.
acquire, hold or dispose of property wherever located; to
The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the
restrictions upon the manner in which a California county
California general law city shall become a.Program Participant, at which time it shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and
perform its dut.ies shall not be subject to any restrictions
applicable to the manner in which any other public agency
could exercise such powers or perform such duties, whether
such agency is a party to this Agreement or not.
f could exercise such powers and perform such duties until a
Section 5. Piacal Pear.
For the purposes of this Agreement, the term "Fiscal
Year" shall mean the fiscal year as established from time to time by the Authority, being, at the date of this Agreement, the period from July 1 to and including the following June 30,
except for the first Fiscal Year which shall be the period
from the date of this Agreement to June 30, 1988.
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e e . Section 6. Qisvosl~on of Assets- "
At the end of the term hereof or upon the earlier
termination of this Agreement as set forth in Section 2 hereof, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Program Participants
and shall thereafter remain the sole property of the Program
Participants; provided, however, that any surplus money on
hand shall be returned in proportion to the contributions made
by the Program Participants.
Section 7, Bonds.
The Authority shall issue Bonds for the purpose of
exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. Said Bonds may, at the discretion of Authority, be issued in series.
The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The
fees and expenses of such counsel, consultants, advisors, and
the expenses of CSAC, LCC, and the Commission shall be paid from the proceeds of the Bonds or any other unencumbered funds
of the Authority available for such purpose.
Section 0. Bonds Only Limed and SPU ..
of Authorltvt r
The Bonds, together with the interest and premium,
if any, thereon, shall not be deemed to constitute a debt of any Program Participant, CSAC, or LCC or pledge of the faith
and credit of the Program Participants, CSAC, LCC, or the
Authority. The Bonds shall be only special obligations of the Authority, and the-Authority shall under no circumstances be obligated to pay the Bonds or the respective project costs except from revenues and other funds pledged therefor. Neither the Program Participants, CSAC, LCC, nor the Authority
shall be obligated to pay the principal of, premium, if any,
or interest on the Bonds, or other costs incidental thereto,
except from the revenues and funds pledged therefor, and
neither the faith and credit nor the taxing power of the Program Participants nor the faith and credit of CSAC, LCC, or the Authority shall be pledged to the payment of the principal of, premium, if any, or interest on the Bonds 'nor shall the Program Participants, CSAC, Lcc8 or the Authority in any manner be obligated to make any appropriation for such payment.
No covenant or agreement contained in any Bond or
Indenture shall be deemed to be a covenant or agreement of any
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member of the Commission, or any officer, agent or employee of
the Authority in his individual capacity and neither the
Commission of the Authority nor any officer thereof executing
the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.
Section 9- Lpcal Approvd.
A copy of the application for financing of a project
shall be filed by the Authority with the Program Participant
in whose jurisdiction the project is to be located. The Authority shall not issue Bonds with respect to any project unless the governing body of the Program Participant in whose jurisdiction the project is to be located, or its duly authorized designee, shall approve, conditionally or
unconditionally, the project, including the issuance of Bonds
therefor. Action to approve or disapprove a project sh.all be
taken within 45 days of the filing with the Program
Participant. Certification of approval or disapproval shall be made by the clerk of the governing body of the Program
Parti.cipant, or.by such other officer as may be designated by
the applicable Program Participant, to the Authority.
Section 10, Accounts and Reports.
All funds of the Authority shall be strictly
accounted for. The Authority shall establish and maintain , such funds and accounts as may be required by good accounting
practice and by any provision of any Indenture (to the extent
such duties are not assigned to a trustee of.Bonds). The books and records of the Authority shall be open to inspection
at all reasonable times by each Program Participant.
The Treasurer of the Authority shall cause an
independent audit to be made of the books of accounts and financial records of the Agency by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers
Act. In each case the minimum requirements of the audit shall
be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the
State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and
records is made by a certified public accountant or public
accountant, a report thereof shall be filed as public records
with each Program Participant and also with the county auditor of each county in which a Program Participant is located.
Such report shall be filed within 12 months of the end of the
Fiscal Year or Years under examination.
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unencumbered funds of the Authority available for that purpose.
In any Fiscal Year the Commission may, by resolution adopted by unanimous vote, replace the annual special audit
with an audit covering a two-year period.
The Treasurer of the Authority, within 120 days after the close of each Fiscal Year, 3hal1,give a complete
written report of all financial activities'for such Fiscal
Year to each of the Program Participants to the extent such activities are not covered by the reports of the trustees for
the Bonds. The trustee appointed under each Indenture shall establish suitable funds, furnish financial reports and
provide suitable accounting procedures to carry out the provisions of said Indenture. Said trustee may be given such duties in said Indenture as may be desirable to carry out this Agreement.
Section 11. Funds.
Subject to the applicable provisions of each Indenture, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse
e Authority funds pursuant to the accounting procedures
developed under Section 10 hereof, and shall make the
disbursements required by this Agreement or otherwise
necessary to carry out any of the provisions or purposes of
this Agreement.
Section 12. Notices.
Notices and other communications hereunder to the Program Participants shall be sufficient if delivered to the clerk of the governing body of each Program Participant.
wal anddltlon of parties. Section 13. Withdra
A Program Participant may withdraw from this
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Agreement upon written notice to the Commission; provided,
however, that no such withdrawal shall result in the
dissolution of the Authority so long as any Bonds remain outstanding under an Indenture. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Commission which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.
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Qualifying public agenci-es may be added as parties
to this Agreement and become Program Participants upon: (i)
the filing by such public agency of an executed counterpart of this Agreement, together with a certified copy of the
approving this Agreement and the execution and delivery hereof; and (ii) adoption of a resolution of the Commission approving the addition of such public agency as a Program Participant. Upon satisfaction of such conditions, the
Commission shall file such executed counterpart of this
Agreement as an amendment hereto, effective upon such filing.
. resolution of the governing body of such public agency
Section 14.
To the full extent permitted by law, the Commission
may authorize indemnification by the Authority of any person who is or was a member or alternate member of the Commission,
or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member or alternate member of the Commission, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in a manner
such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had
no reasonable cause to believe the conduct of such person was
unlawful and, in the case of an action by or in the right of
the Authority, acted with such care, including reasonable
inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
Section 15. Contributions and Ad-.
Contributions or advances of public funds and of the
use of personnel, equipment or property may be made to the Authority by the parties hereto for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance may be made subject to repayment, and in such case shall be repaid,
in the manner agreed upon by the Authority and the party
making such advance at the time of such advance.
Section 16. Imrmnltles.
All of the privileges and immunities from
liabilities, exemptions from laws, ordinances and rules, all
pension, relief, disability, workers' compensation, and other
benefits which apply to the activity of officers, agents or
employees of Program Participants when performing their
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* respective functions within the territorial limits of their
respective public agencies, shall apply to them to the same
degree and extent while engaged as members of the Commission
or otherwise as an officer, agent or other representative of
the Authority or while engaged in the performance of any of their functions or duties extraterritorially under the
provisions of this Agreement.
Section 17. Aroendments.
Except as provided in Section 13 above, this Agreement shall not be amended, modified, or altered except by a written instrument duly executed by each of the Program
Participants.
Section 18, Effectiveness.
This Agreement sha1.l become effective and be in full force and effect and a legal, valid and binding obligation of
each of the Program Participants at 9:00 a.m., California
time, on the date that the Commission shall have received from each of the Initial Participants an executed comterpart of
this Agreement, together with a certified copy of a resolution
of the governing body of each such Initial Participant
approving this Agreement and the execution and delivery hereof.
Section 19, Partial Invahktx.
If any one or more of the terms, provisions,
r promises, covenants or conditions of this Agreement shall to
any extent be adjudged invalid, unenforceable, void or
voidable for any reason whatsoever by a court of competent
jurisdiction, each and all of the remaining terms, provisions,
promises, covenants and conditions of this Agreement shall not
be affected thereby, and shall be valid and enforceable to the
fullest extent permitted by law.
..
Section 20. Successors.
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto.
Except to the extent expressly provided herein, no party may assign any right or obligation hereunder without the consent of the other parties.
Section 21. Fliscellaneous.
This Agreement may be executed in several
counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
12
379h5
c - e 0
I The section headings herein are for convenience only
and are not to be construed as modifying or governing the language in the section referred to.
Wherever in this Agreement any consent or approval
is required, the same shall not be unreasonably withheld.
This Agreement is made in the State of Califo-rnia,
under the Constitution and laws of such state and is to be so
construed.
This Agreement is the complete and exclusive
statement of the agreement among the'parties hereto, which
supercedes and merges all prior proposals, understandings, and other agreements, including, without limitation, the Initial Agreement, whether oral, written, or implied in conduct, between and among the parties relating to the subject matter
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper off'icers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above
written.
Program Participant: ,I
[SEAL]
f
City of Ckrlsba'tf ' ,- , . .- '/I)/ /LG? / fiv- BY p"~, """ Namq': Ja es 2 -. ,'Elliott /- .('. K c-y u '/ /.
Tit e: inancial Management / Director
\
ATTEST: .I
A
BY w Name: ALETHA L. RAUTENKRANZ
Title: City Clerk
13
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a CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPhlENT AUTHORITY
The California Statewide Communities Development Authority (CSCDA) was formed by the
California State Association of Counties (CSAC) and the League of California Cities (League)
to jointly pursue programs that improve the quality of life and economic vitality of communities
throughout the state. CSCDA is dedicated to assisting communities with reducing expenditures,
increasing income and financing facilities that result in direct economic and community
enhancement.
CSCDA is a joint exercise of power of California counties and cities, jointly sponsored by CSAC
and the League. CSCDA is located in Sacramento, California and has a seven-member
Commission. Every county and city in California is eligible to be a member and utilize the
services and programs provided by CSCDA. Currently, over 100 cities, 40 counties and 37
special districts and agencies, including most of the major cities and counties in California, are
members of the Authority. Typically, a city or county joins to facilitate a specific bond
financing.
The first program offered by CSCDA when it was formed in 1987 was issuance of industrial
development bonds on behalf of cities and counties in California. Since then, the list of
programs CSCDA offers its members has grown to include the following:
Cooperative Purchasing Program
Nonprofit Public Benefit Financing
Lease Finance Program
Equipment Lease Financing
Tax & Revenue Anticipation Notes
' Industrial Development Bonds
The newest programs which were launched this spring are:
. Local Government Credit Line
MuniHome, Affordable Housing Program
* Local Government Energy Advantage
* Pension Obligation Bonds
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PAGE 1 OF 3
AMENDMENT TO A JOINT POWERS AGREEMENT
FOR THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
183 PARTICIPANTS AS OF December 14, 1993
CITIES (104)
City of Agoura Hills
City of Anaheim City of Alhambra City of Auburn City of Azusa City of Bell City of Berkeley City of Brentwood City of Buena Park
City of Burlingame City of Canyon Lake
city of Carson City of Ceres City of Chowchilla city of Claremont City of Clearlake city of Corcoran City of Corona City of Cypress Town of Danville City of Dos Palos
/City of El Ca jon !,/City of El Centro
/City of Encinitas
)/City of Burbank
City of Etna City of Eureka City of Folsom City of Fresno City of Fullerton
City of Gridley
City of Grass Valley
City of Hanford City of Hollister City of Industry City of Inglewood City of Ione :/City of Irvine
/City of La Mesa '/City of Laguna Beach City of Lakeport
city of Lancaster City of Lathrop
City of Lincoln
City of Lindsay
city of Livingston
City of Lodi City of Lompoc 'City of Long Beach
/City of Los. Angeles City of Madera City of Manteca City of Maywood City of Marysville City of Merced
City of Millbrae
City of Monterey Park City of Morgan Hill City of Mountain View
WCity of National City City of Norwalk
City of Novato
Hity of Oceanside city of Orange
city of Oroville city of Oakland City of Palmdale City of Palos Verdes Estates city of Paramount
City of Pasadena city of Patterson city of Petaluma city of Pittsburg city of Placerville city of Pomona City of Redding City of Rialto City of Richmond City of Riverside city of Rohnert Park #city of Sacramento city of Salinas City of San Bruno City of San Gabriel
city of Sanger
VJCity of San Diego
City of San Jose
,,City of San Marcos
city of Santa Clarita
city of Santa Cruz
SCl-61162.1
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1 0 .. ..
L .. -.
City of Santa Maria Stanislaus County City of Santa Monica Sutter County
City of Seaside Trinity County City of South Lake Tahoe Ventura County City of Suisun Yo10 County City of Torrance Yuba County
City of Turlock City of Twentynine Palms City of Union City City of Upland city of Vacaville
City of West Sacramento
City of’ Whittier
City of Woodland
COUNTIES ( 4 0 ) Alameda County Butte County Colusa County Contra Costa County Del Norte County
El Dorado County Glenn County Humboldt County Imperial County Inyo County Kern County Kings County Lake County
Lake County Service Area
No. 20 Lassen County Madera County Mariposa County Mendocino County Merced County
Modoc County Napa County Nevada County Orange County P1.acer County Sacramento County San Bernardino County
San Joaquin County
Santa Barbara County Santa Clara County Sierra County Siskiyou County Solano County Sonoma Countv
W- San Diego County
DISTRICTS (37) Apple Valley Fire Pr.otection
District Armona Community Services District Big Bear City Community
Bolinas Community Public
Bostonia Fire Protection
Cardiff Sanitation District Diablo Water District Encinitas Fire Protection
Encinitas Sanitation District
Hamilton Branch Community
Hillmar County Water District Idyllwild Fire Protection
Irish Beach Water District June Lake Public Utility
Keyes Community Services
Lakeside Fire Protection
Lakeside Water District
Los Trancos County Water District
Madera County Maintenance District No. 1
Mid Carmel Valley Fire
Protection District Millview County Water District North County Fire Protection
Oceano community Services
Paradise Irrigation District San Lorenzo Valley Water
Services District
Utility District
District
District
Services District
District
District
District
District
I
District
District
District
.I T e hama County
SCI-61162.1
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San Miguel Consolidated Fire
Protection District
Scotts Valley County Water District
.Springville Public Utility
District
Squaw Valley County Water
District
San Bernardino County Service
Area #70
Sierra Lakes County Water
District
Stinson Beach County Water
District
Tri-Cities Municipal Water
District
Tuolumne County Water District fl
Upper Lake County Water District
Vista Unified School District Winton Water & Sanitary District
AGENCIES (2 1
City of Rialto Redevelopment
Whittier Redevelopment Agency
Agency
I
SC1-61162.1