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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. - 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 6 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 23 24 25 26 27 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 12 13 14 15 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. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: -2- 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. -3- 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. -4 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. -6- 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; -7- (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. -8- 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. -9- 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. -IO- 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. __ 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. -ll- ,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. -12- 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) -13- :-. 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 5 SENDER: n Complete Items 1 and/or 2 for additional services. I also wish to receive the u) n Complete items 3. 4a. and 4b. following services (for an $ n Print your name and address on the reverse of this form so that we can return thts extra fee): 5 card to you. 5 n Attach this form to the front of the mallpiece, or on the back if space does not 1. 0 Addressee’s Address $ .- permit. . Write “Return Receipr Requested” on the mailplece below the article number. 2. 0 Restricted Delivery ii s The Return Receipt wll show to whom the article was delivered and the date 5 Consult oostmaster for fee. Z delivered. 3. Article Addressed to: = 4a. Article Number c Z 096 935 423 . d 4b. Service Type E a q Registered 5 q Certified = 0 Express Mail 0 *insured F 0 Return Receipt for Merchandise 0 COD ‘4 7. Date of Delivery 8 SECRETARY OF STATE 1500 11th ST. SACRAMENTO, CA 95814 ur eceipt UNITED STATES POSTAL SERVICE t-------m---w -.~l_l_..,-.xI^“-.--_l.-_--.--. _._. “._. ..~I _-.. .-_.-- .-...--,l . ..-. .i_xI -. l Print your name, address, and ZIP Code in this box l ! ! 8 CITY OF CARLSBAD / CITY CLERK'S OFFICE, Dee Ulrich 1200 CARISBAD VILLAGE DR. CARLSBAD, CA 92008 I 20