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HomeMy WebLinkAboutMINUTES - 05161989 - 1.64 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re: CSAC Cal. Counties Lease ) RESOLUTION NO. 89/ 308. Financing JPA, First ) Amendment ) RESOLUTION APPROVING THE FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE CALIFORNIA COUNTIES LEASE FINANCING AUTHORITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO The Board of Supervisors of Contra Costa County Resolves That: WHEREAS, in previous action, the County has approved and entered into that certain Joint Exercise of Powers Agreement with certain Counties in California which created the California Counties Lease Financing Authority (the "JPA Agreement" ) ; and WHEREAS, a form of the First Amendment to the JPA Agreement has been presented to the Board of Supervisors . NOW, THEREFORE, it is hereby ORDERED AND DETERMINED, as follows: SECTION 1 . The presented First Amendment to the JPA Agreement is hereby approved and the Chairman, Vice Chairman, County Auditor, County Treasurer, or any other County official designated by the Board of Supervisors or otherwise authorized to execute contracts (after approval) on behalf of the County (the "County Representative(s ) " ) are hereby authorized and directed to execute the First Amendment to the JPA Agreement, as required, in substantially the form presented at this meeting, with such changes, insertions and omissions as may be approved by such official, and the Clerk of the Board or Deputy Clerk is hereby authorized and directed to attest the such official's signature. SECTION 2. This Resolution shall take effect from and after its date of adoption. The foregoing resolution was duly passed and adopted by the Board of Supervisors of the County of Contra Costa at a regular meeting thereof, held on May 16, 1989, by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson NAYS: None ABSENT: None RESOLUTION No. ..89/308 Signed and approved by me after its passage. By: CHAIRMAN, Board of Supervisors (S E A L) ATTEST: Phil Batchelor, Clerk of the Board of Superviso s and County Administrator By: , Deput lerk of tjife Board LEGALITY APPROVED BY COUNS If e: -CouWEk ounsel Date: Ma /( , 1989 PLEASE CERTIFY BELOW: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: ✓`�� /, `�,P f PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By .,. ..�' .Deputv cc : County Counsel CSAC County Administrator Auditor-Controller FIRST AMENDMENT JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CERTAIN COUNTIES IN CALIFORNIA CREATING THE CALIFORNIA COUNTIES LEASE FINANCING AUTHORITY WHEREAS , as of August 12 , 1986 the California Counties Lease Financing Authority (the "Authority" ) was created between several Counties of the State of California (the "Program Participants" ) pursuant to the provisions of Chapter 5 , . Article 1 , Title 1 et seq. of the Government Code of the State of California; and .WHEREAS, the Authority was created in conjunction with the creation of the CSAC Finance Corporation in order to facilitate the municipal financing of Capital Assets for the benefit of the individual members of the Authority pursuant to the provisions of the California Counties Lease Financing Program; and WHEREAS, the Joint Powers Agreement of the Authority provides that the Authority shall be administered by the County Supervisors Association of California ( "CSAC" ) and that the Governing Board of Directors of the Authority shall be the officers of CSAC; and WHEREAS, in order to simplify and expedite administration of the Authority, the Administrator (CSAC) and the Governing Board of Directors of the Authority desire to amend the Joint Powers Agreement to provide that the Governing Board of the Authority shall consist of the same individuals with the same terms of office as serve on the Board of Directors of the CSAC Finance Corporation, and in addition that the Governing Board be given the power to adopt bylaws and rules and regulations for the conduct of Authority business as may be required; NOW, THEREFORE, the Administrator (CSAC) and the Governing Board of Directors of the Authority and all of the Program Participants hereby agree to amend the Joint Powers Agreement of the Authority to provide as follows : I 1 At 1 Vo r' 1 . The last sentence of Section 3 , Paragraph B. . Administrator of. Agreement, presently provides : "The Governing Board of the Authority shall be the following officers of CSAC: the Executive Director , the Deputy Executive Director, the President, the Immediate Past President, the Secretary and the Treasurer. " Said last sentence is hereby deleted in its entirety and is amended to provide: "The Governing Board of Directors of the Authority shall consist of the same individuals, with the same terms of office as serve on the Board of Directors of the CSAC Finance Corporation. " 2 . Section E . Rules presently provides : "The Authority may adopt, from. time to time, such rules and regulations for the conduct of its meetings and affairs as may be required . " Said Section E. is hereby deleted in its entirety and is amended to provide : "The Governing Board of Directors may adopt, from time to time such bylaws , rules and regulations as may be required for the implementation of the Joint Powers Agreement and for the conduct of the Authority' s business . " 3 . All other provisions and terms of the Joint Powers Agreement shall remain the same. 4 . This First Amendment shall be effective as of the beginning of the current fiscal year, July 1 , 1989 , and may be executed in several counterparts , each of which shall be an original and all of which shall constitute but one and the -same instrument . 2 s IN WITNESS WHEREOF, the parties hereto (as set forth on Attachment A and incorporated herein by this reference) have caused this First Amendment to the Joint Powers Agreement to be executed and attested by their proper officers thereunto duly authorized , and their official seals to be hereto affixed . California Counties Lease Financing Administrator for and on Authority: behalf of the California Counties Lease Financing By: Authority: Print Name: Stephen C. Swen iman Office or Title: Secretary/Treasurer County Supervisors Association of California ATTEST: By: By: Print Name: Muriel S acpoo a Print Name: Larry E. Naa e Office or Title: Assistant Secretary Office or Title: Executive Director ATTEST: By: Print Name• Office or Title: County of Contra Costa By: PrinEName: om r Office or Title: Chairman ` ATTEST AND CERTIFICATION BY COUNTY CLERK By: "VO-1- Pri a e: tephen L. WeIr Office or Title: County er - eco e Approved, as to form by County Counsel By: • A Z'�� Print Name: -Victor J . wesfMaff-- Title:— County Counsel 3