Loading...
HomeMy WebLinkAboutHousing Authority - 04 Housing Authority RESOLUTION NO.o4— A RESOLUTION OF THE GOVERNING BOARD OF THE HUNTINGTON BEACH HOUSING AUTHORITY 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 Xl 26 ("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,;1 0" 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 (each, a "Member" and collectively, the "Members") of the Authority and to make certain other amendments to the First Amended Joint Powers Agreement; and 14-4245/109863 1 Housing Authority Resolution No. 04 WHEREAS, there has been prepared and submitted to this meeting a form of the Second Amendment; and WHEREAS, the Governing Board of the Housing Authority desires to authorize participation of the Housing Authority as a Member under the First Amended Joint Powers Agreement as amended by the Second Amendment and authorize the execution and delivery of the Second Amendment and the performance of such acts by or on behalf of the Housing Authority as may be necessary or desirable to effect the execution and delivery of such document; NOW, THEREFORE, THE GOVERNING BOARD OF THE HUNTINGTON BEACH HOUSING AUTHORITY, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Participation of the Housing Authority as a Member, under the First Amended Joint Powers Agreement and as amended by and as further provided in the Second Amendment, is hereby approved. Section 2. 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 Chairperson of the Governing Board, and such other member of the Governing Board as the President may designate, the Executive Officer of the Housing Authority, and such other officer or employee of the Housing Authority as the Executive Officer may designate (the "Authorized Officers") are, and each of them is, hereby authorized and directed, for and in the name of the Housing Authority, 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 3. The officers and employees of the Housing Authority are, and each of them is, hereby authorized and directed, for and in the name of the Housing Authority, 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 4. All actions heretofore taken by the officers and employees of the Housing Authority in connection with or related to any of the agreements or documents referred to herein, are hereby approved, confirmed and ratified. 14-4245/109863 2 Housing Authority Resolution No. 04 I Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Governing Board of the Huntington Beach Housing Authority at a regular meeting thereof held on the 16th day of June , 2014. ChairpersonW REVIEWED AND APPROVED: INITIATED AND APPROVED: I Ex •ut 'e irector Cputy Executive Director APPROVED AS TO FORM: i I A :thority Attorney 14-4245/109863 3 Housing Authority Res. No. 04 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, Housing Authority Clerk of the Huntington Beach Housing Authority DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Huntington Beach Housing Authority at a Special meeting of said Housing Authority held on June 16, 2014 and that it was so adopted by the following vote: AYES: Katapodis, Hardy, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: Shaw ABSTAIN: None 10 Of�AAMI&o Clerk the Huntington Be ffh Housing Authority City of Huntington Beach, California I I