HomeMy WebLinkAboutCC RES 25-16Docusign Envelope ID: 61ABA651-711B-4682-8E58-6E98DBFCF851
RESOLUTION NO. 25-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, 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 City of Tustin (the "City"), is a municipal corporation and general
law city of the State of California (the "State"); and
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 City, 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 (the
"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 and the Housing Authority desire to form, create and establish
a joint powers authority, with the legal name "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 (the "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 CITY COUNCIL OF THE CITY
OF TUSTIN, THAT:
Section 1. Findings. The City Council 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.
Resolution 25-16
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Section 2. Joint Powers Agreement. The proposed form of the Joint Powers
Agreement, a copy of which has been provided to the City Council, is hereby approved.
The Mayor, the City Manager and the Finance Director (collectively, the "Authorized City
Representatives") are each hereby authorized and directed, severally, for and on behalf
of the City, to execute and deliver the Joint Powers Agreement substantially in the form
provided to the City Council, with such changes as may be recommended by the City
Attorney or Stradling Yocca Carlson & Rauth, a Professional Corporation, as bond
counsel, therein, deletions therefrom and additions thereto as such Authorized City
Representative shall approve, such approval to be conclusively evidenced by the
execution and delivery thereof.
Section 3. Other Acts. Each of the Authorized City 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 City 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 City Council of the City of Tustin at a regular
meeting on the 1st day of April 2025.
Signed by:
AU ?gDLq3JiYAB1ARD,
Mayor
ATTEST:
Signed by: L6DS
iCa aSa&
E R DN'TASU DA,
City Clerk
APPROVED AS TO FORM:
�DOCUSigned by:
�.':d�k'd'
DAVtUS37KENDIG,
City Attorney
Resolution 25-16
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 25-16 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 1st day of April,
2025, by the following vote:
COUNCILMEMBER AYES: Lumbard, Nielsen, Gallagher, Schnell, Fink (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
COUNCILMEMBER RECUSED: (0)
Signed by: L6D
FZ q0StJx
ERICADNOTASUDA,
City Clerk
Resolution 25-16
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