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HomeMy WebLinkAboutResolution 2025-057City of Atascadero Resolution No. 2025-057 Page 1 of 2 RESOLUTION NO. 2025-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO INDUSTRIAL DEVELOPMENT AUTHORITY TO FORM THE ATASCADERO FINANCING AUTHORITY WHEREAS, the City of Atascadero (the “City”) is a municipal corporation that is duly organized and existing under and pursuant to the general laws of the State of California; and WHEREAS, the Atascadero Industrial Development Authority (the “AIDA”) is an industrial development authority and a public body corporate and politic that is duly organized and existing under and pursuant to the California Industrial Development Financing Act, as codified in Title 10 (commencing with Section 91500) of the California Government Code; and WHEREAS, the City and the AIDA, acting under Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “JPA Act”) may enter into a joint exercise of powers agreement pursuant to which such contracting parties may jointly exercise any power common to them and, pursuant to Article 4 of the JPA Act, exercise certain additional powers; and WHEREAS, the City and the AIDA desire to create and establish the Atascadero Financing Authority (the “Authority”) pursuant to the JPA Act; and WHEREAS, there has been presented to this meeting a proposed form of Joint Exercise of Powers Agreement (the “JPA Agreement”), by and between the City and the AIDA, which agreement creates and establishes the Authority; and WHEREAS, under California law and the JPA Agreement, the Authority will be a public entity separate and apart from the parties to the JPA Agreement, and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of City or the AIDA or any representative of the City serving on the governing body of the Authority. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. Approval. The JPA Agreement is hereby approved in substantially the form on file with the City Clerk. Any member of the City Council or the City Manager of the City (each, an “Authorized Officer”) is hereby authorized and directed, for and on behalf of the City, to execute and deliver the JPA Agreement, in substantially said form, with such changes and Docusign Envelope ID: 33241262-DA78-4E63-99CB-5215703C7389 City of Atascadero Resolution No. 2025-057 Page 2 of 2 insertions therein as such Authorized Officer, with the advice of counsel to the City, may approve, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 3. Authorized Officers. The Authorized Officers, the Director of Administrative Services, the City Clerk or any other proper officer of the City, acting singly, be and each of them hereby is authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by the this resolution. SECTION 4. Effective Date. This resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED at a regular meeting of the City Council on the 22nd day of July, 2025. On motion by Council Member Funk and seconded by Council Member Peek, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau NOES: None ABSENT: None ABSTAIN: None CITY OF ATASCADERO Charles Bourbeau, Mayor ATTEST: Lara K. Christensen, City Clerk Docusign Envelope ID: 33241262-DA78-4E63-99CB-5215703C7389