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HomeMy WebLinkAbout2000 105 CC RESO2000 105 CC RESO(Ì콶RESOLUTION NO. 2000-105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE SECOND AMENDMENT OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS JOINT POWERS AUTHORITY AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, the San Gabriel Valley Council of Governments SGVCOG") was established by that certain Joint Powers Authority Agreement the Agreement") entered into as of March 1, 1994; and WHEREAS, the City is a party to the Agreement and a member of the SGVCOG; and WHEREAS, the membership of the SGVCOG amended the Agreement, effective September 17, 1998, creating the Alameda Corridor East Construction Authority Authority") for the purpose of implementing the Alameda Corridor East Project ACE Project"); and WHEREAS, the Authority is proceeding to implement the ACE Project; and WHEREAS, the Project is being funded by Federal. State and local Agency grants that are disbursed on a reimbursement basis; and WHEREAS, the Authority has determined that to responsibly manage the ACE Project and meet its cash flow requirements the SGVCOG needs the express power to borrow money; and WHEREAS, the SGVCOG may obtain the power to borrow money to resolve the cash flow needs of the Authority only by amending the Agreement; and WHEREAS, unless the authority to borrow money as set forth below, is granted by adoption of this Resolution by the Members of the SGVCOG, the Authority will experience a cash shortfall thereby negatively impacting continuing progress on the ACE Project; and WHEREAS, adoption of this Resolution will not result in any additional liability for the City, nor affect the City's creditworthiness in any manner whatsoever; NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: BIB] 37945-U01 2000-U02 105-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO31508-U03 C6-U03 RESO-U03 11/20/2003-U04 ROBIN-U04 2000 105 CC RESO(Ì콶Resolution No. 2000-105 Page 2 SECTION 1. That Paragraph B, entitled Common Powers" of Section 4, entitled Purpose and Powers of the Council" of the Agreement is hereby amended by adding subparagraph 15 to read as follows: 15) Borrow money, incur indebtedness and/or issue bonds pursuant to the Constitution of the State of California and any of the laws of the State of California and to exercise any implied power necessary to exercise the express powers provided for in this subparagraph 15, provided, however that any borrowing hereunder shall be for the purpose of financing the Project, as defined in Section 27 of this Agreement and shall be repaid solely from funds pledged otherwise designated for the Project. Borrowings authorized hereunder shall be subject to Section 16 of this Agreement. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy of it immediately upon its adoption to the San Gabriel Valley Council of Governments. APPROVED AND ADOPTED this 20th day of October, 2000. BIB] 37945-U01 2000-U02 105-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO31508-U03 C6-U03 RESO-U03 11/20/2003-U04 ROBIN-U04 2000 105 CC RESO(Ì콶Resolution No. 2000-105 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, ROSEMARY M. RAMIREZ, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on December 6, 2000, by the following vote: AYES: COUNCILMEMBERS; NOES: COUNCILMEMBERS: Linda Gair, Marlen Garcia, William Bill" Van Cleave. Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Rosemai'y'M. Ramirez Deputy CityCterk BIB] 37945-U01 2000-U02 105-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO31508-U03 C6-U03 RESO-U03 11/20/2003-U04 ROBIN-U04