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HomeMy WebLinkAboutCity Council - 2014-29 RESOLUTION NO. 2014-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE EXECUTION AND DELIVERY OF A SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT AND OTHER MATTERS RELATED THERETO RELATING TO THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY WHEREAS, pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California and referred to herein as the "Law"), the City Council of the City of Huntington Beach (the "City") created the former Redevelopment Agency of the City of Huntington Beach (the "Former RDA"); and WHEREAS, the Former RDA was a redevelopment agency, a public body, corporate and politic duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Law; and WHEREAS, the City agreed to serve as the successor agency (referred to herein as the Agency) to the Former RDA commencing upon the dissolution of the Former RDA on February 1, 2012 pursuant to Assembly Bill X126 ("AB 26"); and WHEREAS, pursuant to Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code, commencing with Section 6500 thereof(the "Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, pursuant to the Act and the Joint Exercise of Powers Agreement, dated as of March 7, I998 as amended by the First Amendment to Joint Exercise of Powers Agreement, dated as of May 16, 1988 (collectively, the "First Amended Joint Powers Agreement"), each by and between the City and the Former RDA (collectively, the "Original Members"), the Original Members created and established the Huntington Beach Public Financing Authority (the "Authority") for the purposes set forth in the First Amended Joint Powers Agreement and to exercise the powers described in the First Amended Joint Powers Agreement, which each of the Original Members determined would provide significant public benefits; and WHEREAS, the City, the Successor Agency to the Redevelopment Agency of the City of Huntington Beach (the "Agency") and the Huntington Beach Housing Authority (the "Housing Authority") now desire to amend the First Amended Joint Powers Agreement pursuant to the Second Amendment to Joint Exercise of Powers Agreement (such Second Amendment to Joint Exercise of Powers Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the "Second Amendment") in order to substitute the Housing Authority for the Agency as a member of the Authority and to make certain other amendments to the First Amended Joint Powers Agreement; and 14-4245/109864 1 Resolution No. 2014-29 WHEREAS, there has been prepared and submitted to this meeting a form of the Second Amendment; and WHEREAS, the City Council desires to authorize the execution and delivery of such document and the performance of such acts by or on behalf of the City as may be necessary or desirable to effect the execution and delivery of such document; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Second Amendment, in substantially the form submitted to this meeting and made a part hereof as though set forth in full herein, be and the same is hereby approved. The City Manager, the Assistant City Manager and the Director of Finance of the City, and such other officers of the City as the City Manager may designate (collectively, the "Authorized Officers") are, and each of them is, hereby authorized and directed, for and in the name of the City, to execute and deliver the Second Amendment in the form presented to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Second Amendment by such Authorized Officer. Section 2. The officers and employees of the City are, and each of them is, hereby authorized and directed, for and in the name of the City, to do any and all things and to execute and deliver any and all documents which they or any of them deem necessary or advisable in order to consummate the transactions contemplated by this Resolution and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution. Section 3. All actions heretofore taken by the officers and employees of the City in connection with or related to any of the agreements or documents referred to herein, are hereby approved, confirmed and ratified. 14-4245/109865 2 Resolution No. 2014-29 Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of June , 2014. Mayor REVIEWED AND APPROVED: INITIATED AND APPROVED: 14,/h,"I, ��. 0", City NFagy Director of Finance APPROVED AS TO FORM: ty Atto ey 14-4245/109865 3 Res. No. 2014-29 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of . Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on June 16, 2014 by the following vote: AYES: Katapodis, Hardy, Harper, Boardman, Sullivan Carchio NOES: None ABSENT: Shaw ABSTAIN: None yz� City C rk and ex-officio Clerk of the City Council of the City of Huntington Beach, California