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HomeMy WebLinkAboutMINUTES - 04281992 - 1.47 THE BOARD OF SUPERVISORS OF CENTRA COSTA COUNTY CALIFORNIA v RESOLUTION NO. 92/264 A RESOLUTION APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS TO ESTABLISH BOTH VOTING AND NONVOTING MEMBERS WHEREAS, the cities of Los Altos and San Mateo and the counties of Alameda, Contra Costa, Santa Clara and Santa Cruz have, under the provisions of §§ 6500 et seq., of the California Government Code, executed a Joint Exercise of Powers Agreement (JPA) to form the ABAG Finance Authority for Nonprofit Corporations (Authority); and WHEREAS, the JPA as currently drafted provides only for one class of membership, that of voting membership, in the Authority; and WHEREAS, the Board of Directors has determined that it is in the best interest of the Authority to permit public entities located outside of the nine San Francisco Bay Area counties to apply for membership in the Authority; and WHEREAS, the Board of Directors has further determined that it is in the best interest of the Authority to permit any such out-of-the-jurisdiction entities to join the Authority as non- voting associate members to assure more efficient operation of the Authority; and WHEREAS, the Authority's Board of Directors has passed a resolution requesting Member Entities to approve an amendment to the JPA as set forth in Exhibit A attached hereto. NOW, THEREFORE, the Board of Supervisors of the County of Contra Costa does resolve as follows: Section 1. Approves an amendment to the Joint Exercise of Powers Agreement creating -1- RESOLUT.IDN NO. 92/264 the ABAG Finance Authority for Nonprofit Corporations to establish two classes of membership, as set forth in Exhibit A attached hereto and incorporated herein by reference. Section 2. Authorizes the Chair of the Board of Supervisors and the Chief Administrative Official of the County and any other County officer or official authorized by the Chair of the Board of Supervisors to execute, acknowledge and deliver, in the name and on behalf of the County said amended Joint Exercise of Powers Agreement. Section 3. Directs the Clerk of the Board of Supervisors to attest to the signature of the authorized signatory and to affix and attest the seal of the County, as may be required or appropriate in connection with execution and delivery of the Joint Exercise of Powers Agreement. Section 4. This resolution shall become effective immediately upon its passage and adoption. Adopted by the Board of Supervisors of the County of Contra Costa at a meeting of said Board regularly held on the 28th day of April 1992, by the following vote: AYES: Supervisors Powers , Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None X A 4" Chair, Board of Supervisors ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Clerk, d of Supervisors -2- EXHIBIT A The following Article VIII shall be inserted into the Joint Powers Agreement on page 4 and the identifying numbers of Articles VIII through XXVII, inclusive, changed to Articles IX through XXVIII, inclusive: ARTICLE VIII MEMBERSHIP A. Voting Members. All public agencies in the State shall be eligible to join the Authority as Voting Members subject to the approval of the Board of Directors. B. Associate Membership. 1. Those public agencies located outside of the nine (9) San Francisco Bay Area Counties shall be eligible to join the Authority as Associate Members, subject to the approval of the Board of Directors. 2. Associate Members shall be entitled to attend all meetings of the Board of Directors but shall not be entitled to vote or participate in debate. Further, no representative of an Associate Member may become an officer or director of the Authority. 3. Eligible nonprofit corporations located within the jurisdictional limits of an Associate Member shall be entitled to apply to the Authority for assistance in obtaining tax- exempt financing for its projects and purposes serving the public interest which qualifies for financing under the Authority's Financing Guidelines. C. For the purposes of this Agreement, both Voting Members and Associate Members shall be referred to as "Member Entities."