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HomeMy WebLinkAbout85-026'a •~ 'BC~ARL~ O'F~ S!UPE,RV15~RS' CQUNTY,,C~F~ BIJ,`1'TI=, ~TATIT QF CAE IFQF2NIq, Resolufion IVO. $5--26 RESOLUTION SUPPORTING FORMATION OF AN ECONOMIC DEVELOPMENT DISTRICT AND DECLARING INTENT TO ENTER INTO JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, it has been determined that a Joint Exercise of Powers Agreement similar to that attached hereto and marked Exhibit "A" would be used as the vehicle for the formation of such Economic Development District; NOW, THEREFORE, BE IT RESOLVED, that this Board of Supervisors supports the formation of an Economic Development District composed of Tehama, Glenn and Butte counties; BE IT FURTHER RESOLVED that this Board of Supervisors, on behalf of the County of Butte, hereby declares its intent to enter into an acceptable Joint Exercise of Powers Agreement, similar to Exhibit "A," for the purpose of creating a Joint Powers Agency to obtain incorporation and operation of such Economic Development District; BE IT FURTHER RESOLVED that the Clerk of this Board of Supervisors is hereby authorized and directed to send one certified copy of this resolution to the Honorable George Deukmejian, Governor of the State of California; to Mr. Al Gianini, State of California, Department of Commerce; and to the Boards of Supervisors of the counties of Tehama and Glenn. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this sth day of March 1985, by the following vote: AYES' Supervisors Dolan, McTnturf, McLaughlin and Chairman Fulton NOES: None ABSENT' Supervisor Wheeler NOT VOTING: None L N FULTO hairman Butte County Board of Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board of Supervisors - 2- ... _ . . EXHTP,YT "A" __ A JOINT EXERCISE OF POSdERS AGREEMENT FOR THE PURPOSE OF CREATING A MULTI- COUNTY JOINT POWERS AGENCY TO FOSTER ECONOMIC DEVELOPMENT TN THE COUNTIES . OF TEHAMA, GLENN AND BUTTES STATE OF CALSFORNIA, ~a ..... . i E~KTBTT "A" ' A JOINT EXERCISE QF POWERS AGREEMENT FOR TfiE PURPOSE OF CREATING A 1`1ULTZ- COUNTX JOINT POWERS AGENCY TO FOSTER ' ECONOMIC Di;cJELOPrfENT I.N THE COUNTIES OF TEHAMA, GLEPdN AND BUTTE, STA`PE OF CALI E'ORNIA . THIS AGREEMENT, dated the day of by and between; COUNTY OF TEHAtaIA State of California COUNTY OF GLENN State of California COUNTY OF BUTTE State of C~3.ifornia COUNTY OF State of California and any cities within member counties which hereafter become parties hereto, WITNESSETH WHEREAS, under the provisions of the Government Code, State of California Section 6500 et seq.), the , arties hereto may jointly exercise powers common to all, and ,WHEREAS, there not exists within the area of jurisdiction ned of the part~.es hereto, an urgent and demonstrated need as deft under the Public Works and Economic Development Act of 1965 as amended, to 3ointly undertake solutions to chron'c and pressing economic prolalems, and ' - -2 - • .WHEREAS, the parties hereto desire to participate in the Joint Powers Agency hereinaf# • I~TOW, THEREFORE, in cransideratian of tl' covenants and conditions hereinafter contained, agree as follows: ARTICLE I -- PURPQSE 0 create ar_d er established, e mutual prornises, the parties hereto The immediate purpose of this agreement ~.s to accomplish a unified action by local governments in developing solutions to multi-county economic growth problems by the creation of a Joint Powers Agency which, among other purposes, will support an Economic Development District which may receive Federal q~rants. An Economic Development Plan gill be prepared under the direction of the Board of Directors of the Econo~ic Development ~]istrict and then be submitted to the several pa~ties to this - agreement far inclusion in their individual gene~al plans as the economic element thereof. xn addition, the Joint Powers Agency studies and provide assistance and counsel to '. anddothers as may be requested. .ARTICLE II TERM This agreement shall become effective approval of all the counties named herein and sh force and effect until terminated as set forth i. y conduct.: othEx ber jurisdictions s of the date of 11 continue in fill Article VI. .. ~ _ .......... _ ._ _ ~,_~....,...W .....,.- - ..._.., ,... r.. ... ...-.. .. .. -- , ~ ,w,~.,.~ . -- - 3 ` ARTICLE IhI - MEMBERSHIP Membership of the Joint Powers Agency shall consist of two members from each member county selected in the manner Set forth below, all of whom shall be elected officials of~local county or city member jurisdictions. Each member county shatl have one member and the member Cities of each county shall have one member on the Joint Powers Agency appointed by the respective Boards of Supervisors and Gity Councils, provided, that if there are no member cities within the county, the Board of Supervisors shall appoint the second members who shall be elected officials of a city. A. Of f. icers The Joint Powers Agency shall Elect a chairman . ~ and vice-chairman to serve for one year and shall also appoint a secretary who need not be a member ' of the agency. - B. By-Laws The Agency may adapt such By-%~aws as are deemed ' necessary and may from time to time adopt. such rules . and regulations Eor the conduct of its .meetings and • ~ ~ affairs as may be required. Any By--Laws or rules ~~~ and regulations adopted by the Agency may be amended at any time by majority vote. ,.. ~..--.._._._... ........ ...._ .,..~.._ _..... _..... _.._ ._._......._........._,.....y....._...._ ... ~- 4 - C. Committees The chairman shall appoint such committees as are necessary, except for the special committee named below which shall be appointed as set forth in Article IV, Section B. The Joint Powers Agency shall recognize as a special committee far economic development the Board of Directors of the Economic Deve~.opment District, which Board of Directors shall be the governing body of the non--profit corporation formed under Article IV, Section A, Paragraph 2, hereof. This Economic Development District shall be constructed to include broad representation from all segments of the community including business, ~.abor, government, education, minorities, and the ' economically deprived. ' ARTICLE TV - BOARD OF DIRECTORS OF ECONOMIC DEVELOPMENT DISTRICT (EDD) A. The governing body of the Joint Powers Agency shall fund an Economic Development District Board of ' D~.rectors whose functions and duties shall ;~e as follows: 1. Creation and establishment of an Economic Development District whose boundaries shall coincide with those of the Joint Powers Agency; 2. Formation of a non_profit corporation under state stai.utes, and preparation and adoption of by-laws. ...~ ,y... .. L 'l .. 5 a 3. Make application for and accept Federal grants. Application for such grants shall be subject to prior review and approval by the Joint Powers .. Agency; .. .. 4. Prepare, maintain, review, update and make progress reports on an Economic Development Plan for the Economic Development District and propose said plan to member jurisdictions for inclusion as the economic element Qf the general plans of the several member counties and cities within the district; 5. -May assist area and local Overall Economic ' Development Program organizations and staff members in the preparation of applications to state and federal agencies nor the purpose o~ obtaining loans, grants, and technical services; 6. May assist local development corporations and~the ~~ ~ private sector in the applications for loans to be used in conjunction with new and expanded .. a ,_ business pursuits by private enterprise; . ~ ... 7. Budgets - - ~ . . The Economic Development Board of Directors shall prepare an annual, budget taking into account federal. cost sharing and contributions of local funds and services -from member jurisdictions .. ~ ~ ` wl~ich shall be appropriate to meet needs of the Economic Development District's work program - and with shared costs to. member jurisdictions, A>:l Economic Development District budgets shall • be subject to review and approval. by the Joint . Powers Agency. The total budget shall not exceed $62,000 in the first year and thereafter no budget shall exceed by 10 percent that far -the previous fiscal year, without the consent of all of the participating counties acting through their Boards of Supervisors, The proposed budget shall be distributed to members by I March of each year. ' S. Reports . The Economic Development District Board of . - Directors shall prepare and submit annual - progress reports to the Joint Powers Agency and to_the Economic Development Administration of the United Stags Department of Com-nerce and s~iall make additional reports as may be required • or be appropriate. - • II. D~embership - Economic Development District ]., The membership of the Economic Development District Eoard of Directors shall be selected in the following manner: five (5) members shall be appointed from each County, to include one (1) .k.....: -, .., __ ~~-•~ -~~ - elected county official, not a member of the Joint Powers Agency, appointed by the Board of Supervisors; one {1) elected city official, not a member of the Joint~Powers Agency, to be appointed by the member cities of each county, or by the Board of Supervisors if there is na member city; and three {3) members to be appointed at-large by the Board of Supervisors of each county to achieve representation as set forth in Article II2, Section C, hereof, from a list containing at least six names submitted by the designated Overall Economic Development Program (QEDP) organization of that county.. The Joint Powers Agency may appoint one {l) member who is an employee or official of the State of California. • 2. Terms of the members of the Board of Directors of the Economic Development District shall be • ~ for three years with staggered sequence of • duration .for each one-third of the membership, AR~,YCLE V - POWERS A. The Joint Powers Agency shall have the power, in its .own name, to accept contributions; gifts and grants; ' . ~ 'make and enter into contracts; to sue and he sued; to incur debts, liabilities or obligations necessary for the accomplishment of the purposes set forth in this agreement w~.thin the budgeted funds available. .. g - ARTICLE VI - TERMINATION Notwithstanding anything to the contrary herein before- contained, it is understood and agreed that, any party t~o this agreement may cease to be a party hereto and may withdraw from membership in the Joint Powers Agency by the adoption by its legislative body of a resolution of intention to withdraw and by giving the secretary of the agency and the other parties to this agreement written notice of its intention to withdraw addressed ninety {9d} days before the effective date of withdrawal, but in no case to be effective prior to the end of the current fiscal year. If at any time after the effective date of this agreement more than fifty per cent (50~} of the counties who are parties to this agreement have withdrawn, this agreement shall terminate. Upon the termination of this agreement, any money or assets in possession of the agency after payment of all liabilities, costs, expenses and charges incurred under this agreement shall. be returned to the parties in proportion to their contributions determined as of the time of termination, ARTICLE VII - CITIES PARTICIPATION "Any city lying within the member counties may participate in this agreement. Such city may, by resolution of its governing • body, agree to be bound by the provisions of this agreement and shall. become a party thereto upon the furnishing of certified copies of such resolution to each of the parties. Such city shall thereafter ,. .- 9 - ~ , be entitled to~participate on the governing body'af the Joint Powers Agency. IN WITNESS WHEP,EOF, the undersigned counties of the State of California have executed this agreement upon the respective dates set forth after their signatures; COUNTY OF TEiiAMA Uate of Approval Chairman Board of Supervisors COUNTY OF GLENN Date oz Approval Chairman Board Of SuperVlSpr^a i . COUNTY OF BUTTE ~- COUNTY OF Date a Approva Chairman Board of Supervisor's ate a Approva~. Chairman Board of Superv~.sors ...., . ~ ~;r.:~.,..... ;. .., v ... ,. .... .. ..