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HomeMy WebLinkAboutHA RES 25-02Docusign Envelope ID: 61ABA651-711B-4682-8E58-6E98DBFCF851 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 25-02 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF TUSTIN AND THE TUSTIN HOUSING AUTHORITY WHEREAS, the Tustin Housing Authority (the "Housing Authority") is a housing authority established and existing pursuant to the Housing Authorities Law, California Health and Safety Code Section 34200 et seq., and all successor statutes and implementing regulations thereto; and WHEREAS, the Housing Authority, acting pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California ("JPA Act") may enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them and, pursuant to Government Code Section 6588, exercise certain additional powers; and WHEREAS, the City of Tustin (the "City") is a municipal corporation and general law city of the State of California (the "State"); and WHEREAS, the City and the Housing Authority desire to form, create and establish a joint powers authority, with the legal name of "Tustin Financing Authority" (the "Authority"), pursuant to the JPA Act; and WHEREAS, there has been presented at this meeting a proposed form of Joint Exercise of Powers Agreement, dated as of March 1, 2025 ("Joint Powers Agreement"), by and between the City and the Housing Authority, which Joint Powers Agreement creates and establishes the Authority; and WHEREAS, under State law and the Joint Powers Agreement, the Authority will be a public entity separate and apart from the parties to the Joint Powers Agreement, and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City, the Housing Authority or any representative of the City or the Housing Authority serving on the governing body of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TUSTIN HOUSING AUTHORITY: Section 1. Findings. The Board of Directors of the Tustin Housing Authority (the "Board") hereby finds and determines that all of the recitals herein and the statements, findings and determinations set forth in the preamble of the Joint Powers Agreement are true and correct. Tustin Housing Authority Resolution 25-02 Page 1 of 3 Docusign Envelope ID: 61ABA651-711B-4682-8E58-6E98DBFCF851 Section 2. Joint Powers Agreement. The proposed form of the Joint Powers Agreement, a copy of which has been provided to the Board, is hereby approved, and [the Chair, Vice Chair, Executive Director, or Treasurer (collectively, the "Authorized Housing Authority Representatives") are each hereby authorized and directed, severally, for and on behalf of the Housing Authority, to execute and deliver the Joint Powers Agreement substantially in the form provided to the Board, with such changes as may be recommended by the Housing Authority General Counsel or Stradling Yocca Carlson & Rauth, a Professional Corporation, as bond counsel, therein, deletions therefrom and additions thereto as such Authorized Housing Authority Representative shall approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. Other Acts. Each of the Authorized Housing Authority Representatives is hereby 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 Joint Powers Agreement and this Resolution. All prior actions of such officers or staff of the Housing Authority (or City staff) with respect thereto are hereby ratified, confirmed and approved. Section 4. Effective Date. This Resolution shall take effect from and after its adoption. APPROVED and ADOPTED by the Board of Directors of the Tustin Housing Authority at a regular meeting on the 1 st day of April, 2025. ATTEST: DS �Signed by: C. U-Sa. E RIeADWYA''SU DA, Secretary APPROVED AS TO FORM: �DOCUSigned by: �.':d�k'd' DAVtUS37KENDIG, City Attorney Signed by: AU 0&n 1gDWM9ARD, Chairman Tustin Housing Authority Resolution 25-02 Page 2 of 3 Docusign Envelope ID: 61 ABA651-71 1 B-4682-8E58-6E98DBFCF851 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, Secretary of the Tustin Housing Authority of the City of Tustin, California, do hereby certify that the whole number of the Commissioners of the Tustin Housing Authority is five; that the above and foregoing Resolution No. 25-02 was duly passed and adopted at a regular meeting of the Tustin Housing Authority, held on the 1st day of April, 2025, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: FIZ Signed by: oS st'J& Q E R DN`0 AS'U DA, City Clerk Lumbard, Nielsen, Gallaqher, Schnell, Fink (5 Tustin Housing Authority Resolution 25-02 Page 3 of 3 (0) (0) (0) (0)