HomeMy WebLinkAbout2000-04-18; City Council; 15705; Adoption of Resolutions City of Carlsbad and Carlsbad Municipal Water District and Approval of Joint Powers Agreement for Carlsbad Public Financing of Carlsbad Municipal Golf CourseCITY OF CARLSBADKARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL
I# 1s. 705
‘G. 4/18/00
:PT. CA
TITLE- ADOPTION OF RESOLUTIONS BY THE CITY OF
CARLSBAD AND THE CARLSBAD MUNICIPAL WATER
DISTRICT, AND APPROVAL OF A JOINT EXERCISE OF
POWERS AGREEMENT, CREATING THE CARLSBAD
PUBLIC FINANCING AUTHORITY FOR THE CARLSBAD
MUNICIPAL GOLF COURSE
RECOMMENDED ACTION:
City of Carlsbad City Council: Adopt Resolution No. ZOOO- 123 approving the
Joint Exercise of Powers Agreement creating a Joint Powers Authority known as the
Carlsbad Public Financing Authority by and between the City of Carlsbad and the
Carlsbad Municipal Water District (“CMWD”) for the financing, construction and
operation of the Carlsbad Municipal Golf Course.
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No.
1080 approving the Joint Exercise of Powers Agreement creating a Joint
Powers Authority known as the Carlsbad Public Financing Authority by and between
the City of Carlsbad and CMWD for the financing, construction and operation of the
Carlsbad Municipal Golf Course.
ITEM EXPLANATION:
In June 1989, the citizens of Carlsbad approved Proposition G which allowed the City
to spend more than $1 million of tax revenue on the construction of a public golf
course and other recreational facilities. Thereafter, staff has proceeded diligently to
make the Council’s vision of a municipal golf course a reality.
After assessing the suitability and availability of several alternative locations for a
municipal golf course, a site was identified at Palomar Airport Road and College
Boulevard, consisting of 250 acres of vacant land. Preliminary land use,
environmental, geotechnical, and golf course layout studies verified the feasibility of a
municipal golf course facility on this site.
In December 1994, Council approved a purchase agreement with the Huntington
Beach Company for the purchase of 109 gross acres of property located at Palomar
Airport Road and College Boulevard for the potential future development of a
municipal golf course. This property acquisition represented the first purchase of land
for the future development of the municipal golf course facility.
Staff then proceeded with the second acquisition of land for the golf course which
occurred through foreclosure sale on 104 acres immediately adjacent to the previously
acquired Huntington Beach Company property. Acquisition of 24 foreclosure
properties in the Carlsbad Airport Centre completed the major acquisitions for the
entire 250 acres of golf course property.
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Page 2 to Agenda Bill No. 15,705
From 1996 to the present, The Carlsbad City Golf Course Project has undergone
extensive review and analysis by Federal and State Resource Agencies participating
in the preparation of a Habitat Management Plan (“HMP”). The project is now
awaiting certification of the golf course EIR after satisfying the United States Fish &
Wildlife Service and the California Department of Fish and Game as well as other
interested agencies that the sensitive species on the proposed site of the golf course
will be properly protected. Assuming that all the environmental objectives can be
accomplished, staff will then be ready to move forward with a recommendation for
financing and construction of the golf course project.
One of the tools staff is recommending be in place in anticipation of the next phase of
this project is the formation of a Joint Powers Authority. California law authorizes two
or more public agencies to form a separate and distinct public agency, known as a
Joint Powers Agency (“JPA” or “Authority”) having the powers common to the
members. In addition to the powers common to the members creating it, a JPA also
has additional powers granted to all JPAs by the California legislature. California
Government Code section 6508 authorizes a JPA to:
l Make and enter contracts
l Employ agents and employees
l Acquire, construct, manage, maintain or operate any buildings, works or
improvements
l Acquire, hold or dispose of property
l Incur debts, liabilities or obligations
l Sue and be sued in its own name.
Among these powers is the power to issue bonds for public capital improvements, and
the ability to acquire and construct public capital improvements in accordance with the
JPA’s rules and regulations. In this case, staff is recommending the formation of a
JPA to finance, own and operate public projects, including the proposed golf course.
The JPA would have more flexibility in the award of construction contracts than the
City or the District individually, and can be used to assist in the construction of the
proposed golf course.
By approving the Joint Exercise of Powers Agreement the Council and Water Board
will form the Carlsbad Public Financing Authority (CPFA). This Authority would then
take the necessary actions to finance, construct and operate the Carlsbad Municipal
Golf Course. Under the Joint Exercise of Powers Agreement, the City Council will sit
as the original board of directors of the CPFA. The make up of the Board may be
changed by CPFA resolution at a later date. The Council will hold CPFA meetings as
needed during the construction and operations phases of the golf course project.
If the JPA is formed, staff intends to return to Council on April 25, 2000, acting as the
Board of the Authority. At that first meeting of the Authority, staff will recommend
approval of Rules and Regulations for the Authority which will specify the procedures
:‘, ’
for the award of contracts,
Page 3 to Agenda Bill No. 15.7 05
including those for the construction of the Carlsbad Municipal Golf Course.
The creation of the Joint Powers Authority is not a project subject to environmental
review, as defined by CEQA Guidelines section 15378.
FISCAL IMPACT:
None.
ResolutionNo. 2000-13.3 . City Council.
Resolution No. 1080 Municipal Water District.
Joint Exercise of Powers Agreement.
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RESOLUTION NO. 2000-123
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING FORMATION OF A JOINT
POWERS AUTHORITY WITH THE CARLSBAD
MUNICIPAL WATER DISTRICT
WHEREAS, the City of Carlsbad, California (the “City”), and the
Carlsbad Municipal Water District (the “District”), propose to form a joint powers
authority pursuant to Article 1 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California in order that such authority may
exercise the powers authorized under the Marks-Roos Local Bond Pooling Act of
1985 (Government Code Section 6584 et seq.) and, in addition, exercise such
powers in cooperation with future proceedings of such nature undertaken by the
District or the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. Recitals. That the above recitations are true and correct.
2. Formation of Joint Powers Authority. The City Council hereby
authorizes the officers and staff members of the City to assist in the
organization of a joint powers authority between the City and the District, to
be known as the Carlsbad Public Financing Authority. The City Council
hereby approves and authorizes the Mayor to execute and the City Clerk to
attest a joint exercise of powers agreement forming said joint powers
authority, in substantially the form on file with the City Clerk, together with
any changes therein deemed advisable by the City Attorney.
3. Official Actions. The Mayor, City Manager, the City Clerk and all
other proper officers of the City are hereby authorized and directed to take
all actions and do all things necessary or desirable hereunder with respect to
the formation of said joint powers authority, including but not limited to the
execution and delivery of any and all agreements, certificates, instruments
and other documents, which they, or any of them, may deem necessary or
desirable and not inconsistent with the purposes of this resolution.
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4. Effective Date. This Resolution shall take effect immediately upon
its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held on the 18th day of
April I 2000 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
(SEAL)
%fiaznL
OOD, City Clerk
RESOLUTION NO. lnsn
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CARLSBAD MUNICIPAL WATER
DISTRICT, AUTHORIZING FORMATION OF A
JOINT POWERS AUTHORITY WITH THE CITY
OF CARLSBAD
5 WHEREAS, the Carlsbad Municipal Water District (the “District”), and
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7 the City of Carlsbad, California (the “City”), propose to form a joint powers authority
8 pursuant to Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of
9 the State of California in order that such authority may exercise the powers
10 authorized under the Marks-Roos Local Bond Pooling Act of 1985 (California
11 Government Code Section 6584 et seq.) and, in addition, exercise such powers in
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cooperation with future proceedings of such nature undertaken by the District or the
City;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of
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16 Carlsbad Municipal Water District of the City of Carlsbad, California, as follows:
17 1. Recitals. That the above recitations are true and correct.
2. Formation of Joint Powers Authority. The Board of Directors
hereby authorize the officers and staff members of the District to assist in the
organization of a joint powers authority between the District and the City, to be
known as the Carlsbad Public Financing Authority. The Board of Directors hereby
approve and authorize the President to execute and the Secretary to attest a joint
exercise of powers agreement forming said joint powers authority, in substantially
the form on file with the Secretary, together with any changes therein deemed
advisable by the District General Counsel.
3. Official Actions. The President, the Executive Manager, the
Secretary and all other proper officers of the District are hereby authorized and
directed to take all actions and do all things necessary or desirable hereunder with
respect to the formation of said joint powers authority, including but not limited to
the execution and delivery of any and all agreements, certificates, instruments and
other documents, which they, or any of them, may deem necessary or desirable
and not inconsistent with the purposes of this resolution.
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4. Effective Date. This Resolution shall take effect immediately upon
its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Board of Directors of the Carlsbad Municipal Water District held on the 18” day of
April, 2000, by the following vote:
AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin
ATTEST:
&&h-W
LOF&AlNE M. WOOD, Secretary
JOINT EXERCISE OF POWERS AGREEMENT
by and between the
CITY OF CARLSBAD
and the
CARLSBAD MUNICIPAL WATER DISTRICT
Creating the
CARLSBAD PUBLIC FINANCING AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
CARLSBAD PUBLIC FINANCING AUTHORITY
THIS JOINT POWERS AGREEMENT (the “Agreement”), dated April 1,2000, is
by and between the CITY OF CARLSBAD, a municipal corporation and general law city
organized and existing under the laws of the State of California (the “City”), and the
CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized and existing
under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad
(the “District”);
WITNESSETH:
WHEREAS, the City and the District from time to time undertake the financing of
public capital improvements, and the City and the District wish to form a joint powers
authority under the Joint Exercise of Powers Law of the State of California (constituting
Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California) for
the purpose of establishing a vehicle which may reduce local borrowing costs and
promote the greater use of existing and new financial instruments and mechanisms:
NOW, THEREFORE, in consideration of the above premises and of the mutual
promises herein contained, the City and the District do hereby agree as follows:
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ARTICLE I
Section 1 .Ol. Definitions. Unless the context otherwise requires, the words
and terms defined in this Article shall, for the purpose hereof, have the meanings herein
specified.
“Agreement” means this Joint Exercise of Powers Agreement, as originally
entered into or as amended from time to time.
“Authority” means the Carlsbad Public Financing Authority established
pursuant to Section 2.02.
“Board” means the Board of Directors referred to in Section 2.03, which shall be
the governing body of the Authority.
“Bond Law” means the Marks-Roos Local Bond Pooling Act of 1985, being
Article 4 of the Act (commencing with section 6584) as now in effect or hereafter
amended, Article 2 of the Act as now in effect or hereafter amended, or any other law
available for use by the Authority in the authorization and issuance of bonds to provide
for the financing of Obligations and/or Public Capital Improvements.
“Bonds” means bonds, notes or other obligations of the Authority issued
pursuant to the Bond Law or pursuant to any other provision of law to finance the
acquisition, construction and improvement of Public Capital Improvements.
“Fiscal Year” means the period from July 1 in any calendar year to and
including June 30 in the succeeding calendar year.
“Joint Powers Law” means Articles 1 through 4 (commencing with section
6500) of Chapter 5, Division 7, Title 1 of the California Government Code.
“Members” means, collectively, the City and the District.
“Public Capital Improvements” has the meaning given such term in section
6585(g) of the Bond Law.
“Rules and Regulations” means the rules and regulations adopted by the
Board pursuant to Section 2.05, as amended from time to time pursuant to resolution of
the Board.
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ARTICLE II
GENERAL PROVISIONS
Section 2.01. Pumose. This Agreement is made pursuant to the Joint Powers
Law providing for the joint exercise of powers common to the Members, and for other
purposes as permitted under the Joint Powers Law, the Bond Law and as agreed by
the parties hereto. The purpose of this Agreement is to provide for the financing of
Public Capital Improvements for the Members.
Section 2.02. Creation of Authoritv. Pursuant to the Joint Powers Law, there
is hereby created a public entity to be known as the “Cartsbad Public Financing
Authority”. The Authority shall be a public entity separate and apart from the Members,
and shall administer this Agreement.
Section 2.03. Board. The Authority shall be administered by a Board of five (5)
Directors, unless and until changed by amendment of this Agreement. The sitting
members of the City Council of the City shall constitute the initial Directors of the
Authority. The Board shall be called the “Board of Directors of the Carlsbad Public
Financing Authority”. All voting power of the Authority shall reside in the Board. The
City Council of the City, acting in its capacity as City Council of the City and Board of
Directors of the Authority, may, by Resolution, appoint members other than City Council
members to sit as the Board of Directors of the Authority. Such Resolution, when filed
with the Secretary of the Authority, shall effect said change to the Board of Directors of
the Authority, without any other amendment to this Agreement.
Section 2.04. Meetincas of the Board. (a) Call. Notice and Conduct of
Meetinas. All meetings of the Board, including without limitation, regular, adjourned
regular and special meetings, shall be called, noticed, held and conducted in
accordance with the provisions of sections 54950 et seq. of the California Government
Code (the “Ralph M. Brown Act”).
(b) Quorum. Directors holding a majority of the votes shall constitute a quorum
for the transaction of business, except that less than a quorum may adjourn from time
to time. The affirmative votes of at least a majority of the Directors present at any
meeting at which a quorum is present shall be required to take any action by the Board.
Section 2.05. Rules and Reaulations. The Board may adopt, from time to
time, such rules and regulations for the conduct of its meetings and the exercise of its
powers as are necessary for the purposes hereof.
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ARTICLE III
Section 3.01. Chairman. Vice-Chairman, Executive Director and Secretary.
So long as the City Council sits as the Board of Directors of the Authority, the Mayor of
the City shall serve as Chairman of the Board, and the Mayor Pro Tern of the City shall
serve as the Vice Chairman of the Board. If the City Council shall cease to act as the
Board of the Authority, the Board shall elect its Chairman and Vice-Chairman. The City
Manager shall serve as the Executive Director of the Authority. The City Clerk shall
serve as Secretary of the Authority. The officers shall perform the duties normal to said
offices. The Chairman or the Executive Director shall sign all contracts on behalf of the
Authority, and shall perform such other duties as may be imposed by the Board. The
Vice-Chairman shall act, sign contracts and perform all of the Chairman’s duties in the
absence of the Chairman. The Secretary shall countersign all contracts signed by the
Chairman, Executive Director or Vice-Chairman on behalf of the Authority, perform such
other duties as may be imposed by the Board and cause a copy of this Agreement to
be filed with the Secretary of State of the State of California pursuant to the Joint
Powers Law.
Section 3.02. Treasurer: Audltor. (i) Pursuant to section 65055 of the Joint
Powers Law, the Finance Director of the City is hereby designated as the Treasurer of
the Authority. The Treasurer shall be the depository, shall have custody of all of the
accounts, funds and money of the Authority from whatever source, and shall have the
duties and obligations customarily performed by a treasurer and set forth in sections
6505 and 6505.5 of the Joint Powers Law.
(ii) Pursuant to section 6505.6 of the Joint Powers Law, the Finance Director of
the City is hereby designated as the Auditor of the Authority. The Auditor shall perform
all auditing functions set forth in Section 6505 and 6505.5 of the Joint Powers Law, and
shall assure that there shall be strict accountability of all funds and reporting of all
receipts and disbursements of the Authority,
Section 3.03. Officers in Charae of Records, Funds and Accounts.
Pursuant to section 6505.1 of the Joint Powers Law, the Treasurer shall have charge
of, handle and have access to all accounts, funds and money of the Authority, and the
Auditor and Treasurer shall jointly have charge of, handle and have access to all
records of the Authority relating thereto; and the Secretary shall have charge of, handle
and have access to all other records of the Authority.
Section 3.04. Bondina Persons Having Access to Public Capital
Imorovements. From time to time, the Board may designate persons, in addition to the
Secretary, Auditor and the Treasurer, having charge of, handling or having access to
any records, funds or accounts or any Public Capital Improvement of the Authority, and
the respective amounts of the official bonds of the Secretary, Auditor and the Treasurer
and such other persons pursuant to section 6505.1 of the Joint Powers Law.
Section 3.05. Leaal Advisor. The City ‘Attorney shall serve as the legal advisor
of the Authority.
Section 3.06. Other Emplovees. The Board shall have the power to appoint
and employ such other consultants and independent contractors as may be necessary
for the purposes of this Agreement.
All of the privileges and immunities from liability, exemption from laws,
ordinances and rules, all pension, relief, disability, workers’ compensation and other
benefits which apply to the activities of officers, agents, or employees of a public
agency when performing their respective functions shall apply to them to the same
degree and extent while engaged in the performance of any of the functions and other
duties under this Agreement.
None of the officers, agents, or employees directly employed by the Board shall
be deemed, by reason of their employment by the Board to be employed by the either
.of the Members or, by-reason of their employment by the Board, to be subject to any of
the requirements of either of the Members.
Sectibi ‘3.07. Assistant Officers. The Board may appoint such assistants to
act in the place of the Secretary or other officers of the Authority (other than any
Director) as the, Board shall from time to time deem appropriate.
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ARTICLE IV
POWERS
Sectlon 4.01. General Powers. The Authority shall exercise in the manner
herein provided the powers common to the Members, or as otherwise permitted under
the Joint Powers Law, and necessary to the accomplishment of the purposes of this
Agreement, subject to the restrictions set forth in Section 4.04.
As provided in the Joint Powers Law, the Authority shall be a public entity
separate from the Members. The Authority shall have the power to acquire and to
finance the acquisition of Public Capital Improvements necessary or convenient for the
operation of a Member or any Local Agency, and to acquire Obligations of a Member or
any Local Agency.
Section 4.02. Power to Issue Revenue Bonds. The Authority shall have all of
the powers provided in the Joint Powers Law, including but not limited to Article 4 of the
Joint Powers Law (commencing with section 6584) and including the power to issue
Bonds under the Bond Law.
Section 4.03. Specific Powers. The Authority is hereby authorized, in its own
name, to do all acts necessary for the exercise of the foregoing powers, including but
not limited to, any or all of the following:
(a) to make and enter into contracts;
(b) to employ agents or employees;
(c) to acquire, construct, manage, maintain or operate any Public Capital
Improvement, including the common power of the Members to acquire any Public
Capital Improvement by the power of eminent domain;
(d) to sue and be sued in its own name;
(e) to issue Bonds and otherwise to incur debts, liabilities or obligations,
provided that no such Bond, debt, liability or obligation shall constitute a debt, liability or
obligation of the Members;
(9 to apply for, accept, receive and disburse grants, loans and other aids from
any agency of the United States of America or of the State of California;
(g) to invest any money in the treasury pursuant to section 6505.5 of the Joint
Powers Law that is not required for the immediate necessities of the Authority, as the
Authority determines is advisable, in the same manner and upon the same conditions
as local agencies, pursuant to section 53601 of the California Government Code;
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(h) to apply for letters of credit or other form of financial guarantees in order to
secure the repayment of Bonds and enter into agreements in connection therewith;
(i) to carry out and enforce all the provisions of this Agreement; and
(j) to exercise any and all other powers as may be provided in the Joint Powers
Law.
Section 4.04. Restrictions on Exercise of Powers. The powers of the
Authority shall be exercised in the manner provided in the Joint Powers Law and in the
Bond Law and, except for those powers set forth in Article 4 of the Joint Powers Law,
shall be subject (in accordance with section 6509 of the Joint Powers Law) to the
restrictions upon the manner of exercising such powers that are imposed upon the City
in the exercise of similar powers.
Section 4.05. Non-Liability of Members and Directors For Obliaations of
Authority. The debts, liabilities and obligations of the Authority shall not be the debts,
liabilities and obligations of any of the Members. No member, officer, agent or
employee of the Authority shall be individually or personally liable for the payment of
the principal of or premium or interest on any obligations of the Authority or be subject
to any personal liability or accountability by reason of any obligations of the Authority;
but nothing herein contained shall relieve any such member, officer, agent or employee
from the performance of any official duty provided by law or by the instruments
authorizing the issuance of any obligations of the Authority.
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ARTICLE V
METHODS OF PROCEDURE; CREDIT TO MEMBERS
Section 5.01. AssumDtion of Responsibilities Bv the Authority. As soon as
practicable after the date of execution of this Agreement, the Secretary shall give notice
of the organizational meeting of the Board.
Section 5.02. Delegation of Powers. The Members hereby delegate to the
Authority the power and duty to acquire, by lease, lease-purchase, installment sale
agreements, or otherwise, or make loans to finance, such Public Capital Improvements
as may be necessary or convenient for the operation of the Members and to exercise
the power of condemnation of the City as necessary in connection therewith.
Section 5.03. Credit to Members. All accounts or funds created and
established pursuant to any instrument or agreement to which the Authority is a party,
and any interest earned or accrued thereon, shall inure to the benefit of the Members in
the respective proportions for which such funds or accounts were created.
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ARTICLE VI
CONTRIBUTION; ACCOUNTS AND REPORTS; FUNDS
Section 6.01. Contributions. The Members may, in the appropriate
circumstance when required hereunder: (a) make contributions from their treasuries for
the purposes set forth herein, (b) make payments of public funds to defray the cost of
such purposes, (c) make advances of public funds for such purposes, such advances to
be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of
other contributions or advances. The provisions of section 6513 of the California
Government Code are hereby incorporated into this Agreement.
Section 6.02. Accounts and Reports. To the extent not covered by the duties
assigned to a trustee chosen by the Authority, the Treasurer shall establish and
maintain such funds and accounts as may be required by good accounting practice or
by any provision of any trust agreement entered into with respect to the proceeds of
any Bonds issued by the Authority. The books and records of the Authority in the
hands of a trustee or the Treasurer shall be open to inspection at all reasonable times
by representatives of the Members. The Treasurer within 180 days after the close of
each Fiscal Year, shall give a complete written report of all financial activities for such
fiscal year to the Members to the extent such activities are not covered by the report of
such trustee. The trustee appointed under any trust agreement shall establish suitable
funds, furnish financial reports and provide suitable accounting procedures to carry out
the provisions of said trust agreement. Said trustee may be given such duties in said
trust agreement as may be desirable to carry out this Agreement.
Section 6.03. Funds. Subject to the applicable provisions of any instrument or
agreement which the Authority may enter into, 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 Authority funds as nearly as possible in
accordance with generally accepted accounting practices, shall make the
disbursements required by this Agreement or to carry out any of the provisions or
purposes of this Agreement.
Section 6.04. Annual Budaet and Administrative ExDenses. The Board may
adopt a budget for administrative expenses, which shall include all expenses not
included in any financing issue of the Authority, annually prior to July 1st of each year.
The estimated annual administrative expenses of the Authority shall be allocated by the
Authority to the City.
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ARTICLE VII
TERM; DISPOSITION OF ASSETS
Section 7.01. Term. This Agreement shall become effective, and the Authority
shall come into existence, on the date of execution and delivery hereof, and this
Agreement and the Authority shall thereafter continue in full force and effect so long as
either (a) any Bonds remain outstanding or any material contracts to which the Authority
is a party remain in effect, or (b) the Authority shall own any interest in any Public
Capital Improvements.
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Section 7.02. Disposition of Assets. Upon termination of this Agreement, all
property of the Authority, both real and personal, shall be distributed to the City.
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,I , ,
ARTICLE VIII
MISCELLANEOUS PROVISIONS
Section 8.01. Notices. Notices hereunder shall be in writing and shall be
sufficient if delivered to the notice address of each party hereto for legal notices or as
otherwise provided by a party hereto in writing to each of the other parties hereto.
Section .8.02. Section Headincls. All section headings in this Agreement are
for convenience of reference only and are not to be construed as modifying or
governing the language in the section referred to or to define or limit the scope of any
provision of this Agreement.
Section 8.03. Consent. Whenever in this Agreement any consent or approval
is required, the same shall not be unreasonably withheld.
Section 8.04. Law Governing. This Agreement is made in the State of
California under the constitution and laws of the State of California, and is to be so
construed.
Section 8.05. Amendments. This Agreement may be amended at any time, or
from time to time, except as limited by contract with the owners of Bonds issued by the
Authority or certificates of participation in payments to be made by the Authority or a
Member or by applicable regulations or laws of any jurisdiction having authority, by one
or more supplemental agreements executed by all of the parties to this Agreement
either as required in order to carry out any of the provisions of this Agreement or for any
other purpose, including without limitation addition of new parties (including any legal
entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of
this Agreement.
Section 8.06. Enforcement bv Authority. The Authority is hereby authorized
to take any or all legal or equitable actions, including but not limited to injunction and
specific performance, necessary or permitted by law to enforce this Agreement.
Section 8.07. Severabilitv. Should any part, term or provision of this
Agreement be decided by any court of competent jurisdiction to be unconstitutional,
illegal or in conflict with any law of the State of California, or otherwise be rendered
unenforceable or ineffectual, the validity of the remaining portions or provisions shall
not be affected thereby.
Section 8.08. Successors. This Agreement shall be binding upon and shall
inure to the benefit of the successors of the Members. Neither Member may assign any
right or obligation hereunder without the written consent of the other.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by their proper officers thereunto duly authorized and their
official seals to be hereto affixed, on the day and year first set forth above.
ATTEST: II //y&w2&M
Lk3?I%IF$E M. WOOD, City Clerk
(S E A L)
‘MUNICIPAL WA
ATTEST:
(S E A L)
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:-. c
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
I &h.w , City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with
the original Joint Excercise of Powers Agreement Carlsbad Public Financing. Authoritv,
passed and adopted by said City Council, at a snecial meeting thereof, at the time and by the vote therein stated, which original Agreement is now on file in my o&e: that the same contains a full, true and correct transcript therefrom and of the whole
thereof.
Witness my hand and the seal of said City of Carlsbad, this 62/ ti day of ,200o.
(SE&I Lh7W
M. WOOD, City Clerk
April 21,200O
SECRETARY OF STATE
RE: JOINT EXERCISE OF POWERS AGREEMENT 1500 llth ST.
SACRAMENTO, CA 958 14
RE: JOINT EXERCISE OF POWERS AGREEMENT by and between the
CITY OF CARLSBAD and the CARLSBAD MUNICIPAL WATER DISTRICT
Creating the CARLSBAD PUBLIC FINANCING AUTHORITY
At the meeting of April 18,2000, the Carlsbad City Council adopted Resolution No. 2000-123,
and the Carlsbad Municipal Water District adopted Resolution No. 1080, approving the above
referenced agreement.
Enclosed for your record is a copy of Resolution No. 2000-123 and 1080, as well as a certified
copy of the fully executed agreement for your files. (per Government Code Section 6503.5)
If you have questions concerning the contract, please contact Jane Mobaldi, Assistant City
Attorney, at 760-434-2891.
Sinzrely, . 42!2~~ .
Office of the Carlsbad City Clerk
Enclosures (3)
cc: Jane Mobaldi, Assistant City Attorney
1200 Carlsbad Village Drive - Carlsbad, CA 92008-I 989 - (760) 434-2808 49
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SECRETARY OF STATE
1500 11th ST.
SACRAMENTO, CA 95814
ur eceipt
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8 CITY OF CARLSBAD
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CITY CLERK'S OFFICE, Dee Ulrich
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CARLSBAD, CA 92008 I
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