R-006-25- Authorizing the Execution of a Joint Exercise of Powers Agreement to Join the Upper Santa Ana Watershed Infrastructure Financing Authority

Browse Search

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R-06-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT TO JOIN THE UPPER SANTA ANA WATERSHED INFRASTRUCTURE FINANCING AUTHORITY WHEREAS, the City Council of the City of Colton ("Colton"), acting pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "JPA Law"), 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 § 6588, exercise certain additional powers; and WHEREAS, on July 20, 2021 the San Bernardino Municipal Valley District ("Valley District"), San Bernardino Valley Water Conservation District ("Conservation District"), Yucaipa Valley Water District ("YVWD"), and the City of San Bernardino have established the Upper Santa Ana Watershed Infrastructure Financing Authority ("USAWIFA", the "Financing JPA") Pursuant to the JPA Law, Colton wishes to join Valley District, Conservation District, YVWD, and the City of San Bernardino, and Additional Members in the future, in issuing revenues bonds or incurring other financial obligations from time -to -time; and WHEREAS, under California law and the Joint Exercise of Powers Agreement, the Financing JPA will be a public entity separate and apart from Valley District, Conservation District, YVWD, the City of San Bernardino and Colton, and future Additional Members, and the debts liabilities and obligations of the Financing JPA will not be the debts, liabilities or obligations of Valley District, Conservation District, YVWD, the City of San Bernardino, Colton or the Additional Members or any representatives serving on the governing body of the Financing JPA; and WHEREAS, the City Council of the City of Colton has reviewed the Joint Exercise of Powers Agreement and the provision of the California Environmental Quality Act ("CEQA") and has considered whether any direct or indirect physical changes to the environment will result from entering into the Joint Exercise of Powers Agreement and from creating the Financing JPA, and has considered whether taking either or both of those actions may possibly have a significant effect on the environment. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS: Section 1 The Statements, findings, and determinations set forth above and in the preambles of the documents approved by this resolution are true and correct. Section 2 The form of the Joint Exercise of Powers Agreement attached hereto is hereby approved. The Mayor or City Manager of Colton, acting singly, are hereby authorized to execute and deliver the Joint Exercise of Powers Agreement substantially in the approved form, with such changes, insertions and omissions as may be recommended by Valley District General Counsel or Stradling Yocca Carlson & Rauth, a Professional Corporation, as Bond Counsel, said execution being conclusive evidence of such approval.