The URL can be used to link to this page

Home My WebLink AboutRES NO 039-13RESOLUTION NO. 039 -13 X.R Jc t x-039 lu- RESOLUTION APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF BAKERSFIELD IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND AUTHORIZING AND DIRECTING THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY WHEREAS, the City of Bakersfield, California (the "City "), is a municipal corporation, duly organized and existing under the Constitution of laws of the State of California; and WHEREAS, the City, upon authorization of the City Council, may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the "JPA Law ") enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and WHEREAS, the City and other public agencies wish to jointly participate in economic development financing programs for the benefit of business and nonprofit entities within their jurisdiction offered by membership in the California Enterprise Development Authority (the "Authority ") pursuant to an associate membership agreement and Joint Exercise of Powers Agreement Relating to the California Enterprise Development Authority (the "Agreement "); and WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and WHEREAS, a sample form of the Associate Membership Agreement between the City and the Authority is attached hereto; and WHEREAS, a fully executed version of the Associate Membership Agreement will be maintained under separate cover and numbered as a separate document; and S:\ COUNCIL\ Resos\ 12 -13 \PACE- AssocMembership.docx 0AKF9 -- Page 1 of 3 Pages �-- m ORIGINAL_ WHEREAS, the City is willing to become an Associate Member of the Authority subject to the provisions of the Associate Membership Agreement. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The City Council hereby specifically finds and declares that the actions authorized hereby constitute public affairs of the City. The City Council further finds that the statements, findings and determinations of the City set forth in the preambles above are true and correct. 3. The Associate Membership Agreement in the form attached is hereby approved. The Mayor of the City, the City Manager, the City Clerk and other officials of the City are each hereby authorized and directed, for and on behalf of the City, to execute and deliver the Associate Membership Agreement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. 4. The officers and officials of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this resolution and the Associate Membership Agreement. All such actions heretofore taken by such officers and officials are hereby confirmed, ratified and approved. ---- - - - - -- 000---- - - - - -- S: \COUNCI L\Resos\12-13\PACE-AssocMem bershi p.docx -- Page 2 of 3 Pages -- o� gAKe, U � ORIGINAL, HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APR 171013 , by the following vote: AYE /' 5: ABSTAIN: ABSENT: APPROVED COUNCIL MEMBER VACANT, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON COUNCIL MEMBER f) -YM COUNCIL MEMBER COUNCIL MEMBER APR 171013 ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield M HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attor ey By ANDREW HEGLUAD Deputy City Attorney AH /vl S:\ COUNCIL\ Resos\ 12 -13 \PACE- AssocMembership.docx -- Page 3 of 3 Pages -- o�gAKF9'p p, r U O ORIGINAL AGREEMENT NO. 13-039 X-Ret. ASSOCIATE MEMBERSHIP AGREEMENT THIS ASSOCIATE MEMBERSHIP AGREEMENT ( "Associate Membership Agreement "), dated as of APR 17 2013 by and between CITY OF BAKERSFIELD, a California charter city and municipal corporation ( "City ") and CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the "Authority "). RECITALS: WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and collectively, the "Members "), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the "Agreement "), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an "Associate Member "); and WHEREAS, the City desires to become an Associate Member of the Authority; WHEREAS, City Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority; NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows: SA P1anning\ Agrs\ 12- 13 \CEDA.Membership.Agr.03- 05 -13. Docx March 5, 2013 -- Page 1 of 3 Pages -- �t tip, A KF9 C, S, Fn F— r �? t7 ORIGINAL Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Associate Membership Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority unless City notifies the Authority that City withdraws as an Associate Member of the Authority. Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the City shall have any right to become an officer or director of the Authority by virtue of the City being an Associate Member of the Authority. Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by all actions previously taken by the Members and the Board of Directors of the Authority to the same extent as the Members of the Authority are subject to and bound by such actions. Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City. Section 5. Execution of the Agreement. Execution of this Associate Membership Agreement and the Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above. "CITY" CITY OF BAKERSFIELD HARVE Mayor "AUTHORITY" FORNIA ENTERPRISE :LOPMENT Print Name: Gurbax Sahota Title: Chair s [Additional signatures follow on next page] U J S:\Planning\Agrs \12- 13 \CEDA. Membership .Agr.03- 05- 13.Docx ; COMMUNITY DEVELOPMENT City Attorney By: DO LAS MCISAAC APPROVED AS TO CONTENT: VIRGINIA (;ENNARO City Attorpe' Io , ANDREW HEGLUN Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director AH /vl S:\Planning\Agrs \12 -13 \C EDA. Membership.Agr.03- 05 -13. Docx March 5, 2013 -- Page 3 of 3 Pages — `�;AKfi9 J' T. C) ORIGINAL