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HomeMy WebLinkAbout89-128a h) ~:r~ 9~ T~*~ , ~~ ,fN,{ - 1 k, _.~~ ' BOARD OF SUPERVISORS :~: ~ =~; ~ ~ ~ ' '~; COUNTY QF ~3UTTE, STATE OF ,CALIFORNIA . ,a 'r ' . .~. y o` 4" ~ ~~;.. .~. ~,~ ~~+~Cp, .I:',~ ~'~ Kesolution No. s9- i~~ .~.~~ 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 RESOLVED, by the Board of Supervisors of the County of Butte: WHEREAS, in previous action, the County has approved and entered into that certain Joint Exercise of Power Agreement with certain Counties in California which created the California Counties Lease Financing Authority (the "JPA Agreement"); and WHEREAS, the Administrator has requested that the JPA Agreement be amended to simplify administration; and WHEREAS, a form of the First Amendment to the JPA Agreement has been presented to the Board of Supervisors and the same is attached hereto. NOW, THEREFORE, it is hereby ORDERED AND DETERMINED, as follows: SECTION 1. The 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. PASSED AND ADOPTED by the Butte County Board of Supervisors this 29th day of August 19 89 by the following vote: AYES: Supervisors Dolan, Mclnturf, McLaughlin, Vercruse and Chairman Fulton NOES : None ABSENT: None NOT VOTING: None LEN. LTON, a r t e But e County oard of Supervisors ATTEST: WILLIAM H. RANDOLPH~ Chief Administrative Officer and Clerk of the Board By FIRST AMENDMENT JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CERTAIN COUNTIES TN CALIFORNIA CREATING THE CALIFORNIA COUNTIES LEASE FINANCING AUTHORITY WHEREAS, as of August 12, 1986 the~Califorriia 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 ~, Article 1, Title l et seq. of the Government Code of the State of California; and WHEREAS, the Authority was created in can unction 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 Autharity shall be administered by the County Supea;~aisors 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 Poti,~ers 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 Board of Directors of the Authority and Participants. hereby agree to amend the the Authority to provide as follows: (CSAC} and the Governing all of the Program faint Powers Agreement of 1 1. The last sentence ~f 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, tlae 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 Soard 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 adapt, from time to time, such rules and regu~.ations for the conduct of its meetings and affa~.rs 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 TN 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 Authori~: / i BY ~ ' - P nt Name: S ep en C. Swen iman Office or Title: Secretary/Treasurer ATTEST• gy, Print ame: Murie acpo e Office or Title: Assistant Secretary Administrator for and on behalf of the California Counties Lease Financing Authority; County Supervisors Associat ri of California By: Print Name: Larry E. Naa e Office or Title: Executive Director ATTEST: {. gy. Print Name: Office or Title: Count of B e . By: Prin ame : n Fulton Offic Or Tit e: Chairman, Board of Supervisors ATTEST AND CERT~ ICATTON BY COUNTY CLERK By • C., Print Name : Carol Roach Office Or Tit e: ,Assistant Clerk of the' Board Approved to form by County Counsel BY • - ~.. ~. ~ ~~, Print Name: David M. McClain Title : Chief De ut Count Counsel.