Loading...
HomeMy WebLinkAboutResolution - FA 93-1 f k d 2 SAN JACINTO FINANCING AUTHORITY E RESOLUTION NO. S J FA 9 3-1 RESOLUTION CONFIRMING THE ELECTION OF THE CHAIR AND THE j VICE CHAIR OF THE GOVERNING BOARD OF THE SAN JACINTO FINANCING AUTHORITY; ESTABLISHING THE TIME AND PLACE OF REGULAR MEETINGS OF THE AUTHORITY; APPOINTING THE SECRETARY, TREASURER AND CONTROLLER, RESPECTIVELY, OF THE AUTHORITY; ADOPTING THE BYLAWS OF THE AUTHORITY; ADOPTING A CONFLICT OF INTEREST CODE; AND RETAINING COUNSEL FOR THE AUTHORITY WHEREAS, the City of San Jacinto (the "City") and the Redevelopment Agency E of the City of San Jacinto (the "Agency") have heretofore executed a Joint Exercise of Powers Agreement, dated as of May 25, 1993 (the "Agreement"), by and between the City and the t f Agency, which Agreement creates and establishes the San Jacinto Financing Authority (the "Authority"); } P NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the San E Jacinto Financing Authority, as follows: 's Section 1: Pursuant to Section 4(D) of the Agreement, the Governing Board of the Authority has elected the following persons to initially serve as Chair and Vice Chair i respectively, of the Authority: E Henry Haf 1 i Chair ' i i Trammell Ford Vice Chair The term of office of the Chair and Vice Chair shall be from the date hereof through the date of the first regular meeting of the Authority in the calendar year 1994 or s i thereafter; provided, that each such officer shall serve until a successor has been duly elected. i i s Section 2. The Bylaws of the San Jacinto Financing Authority attached hereto as Exhibit A and incorporated by reference as if fully set forth herein is adopted as the Bylaws of the Authority. Section 3. The regular meetings of the Authority shall be held at 625 S. Pico, San Jacinto, or such other place as the Governing Board of the Authority may designate from time to time, at 7:30 p.m. on the first and third Tuesday of each month. Section 4. Pursuant to Section 4(D) of the Agreement, the Secretary of the Agency is hereby appointed Secretary of the Authority. Section 5. Pursuant to Section 4(D) of the Agreement, the Treasurer of the City is hereby appointed as the Treasurer and Controller of the Authority. Section 6. Pursuant to Section 4(D)(7) of the Agreement, the City Attorney of the City is hereby retained as counsel to the Authority. Section 7. Whenever an officer of the Agency or the City is designated an officer of the Authority, the assistants and deputies of such officer from time to time shall also be, ex officio, officers of the Authority; and whenever a power is granted to, or a duty imposed upon, such officer, the power may be exercised, or the duty performed, by such assistant or deputy. Section 8. Pursuant to Section 12 of the Agreement, the Conflict of Interest Code of the City, attached hereto as Exhibit B and incorporated by reference as if fully set forth herein, is hereby adopted as the Conflict of Interest Code of the Authority. Section 9. The Board hereby determines that an audit shall be caused to be performed every year by the Treasurer and Controller of the Authority as provided by Section 6505 of the Government Code of the State of California. Such audit shall be filed with the Secretary of the Authority. Section 10. This resolution shall take effect from and after its adoption. PURL:100_1 1 141 B2763.2% 2 i 6 1 E i PASSED AND ADOPTED on May 25, 1993, by the following vote: i AYES: Financing Authority Members Ford, Leahy, Solorio , Williams i Chairman, Hafliger NOES: None s ABSENT: None i i ABSTAIN: None i I i i Ii, hair of tha' an Jacint inan ' Authority i F i f Attest: i 1 i Secretary of the Sari Jacinto Financing Authority i APPROVED AS TO FORM: i i s i i3 i f i i i i i i i i I EE t A' i i i E euau]00_11141 B2763.2% 3 s SECRETARY'S CERTIFICATE I> Secretary of the San Jacinto Financing Authority, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted by a vote of a majority of the members of the Governing Board of said Authority at the first special meeting of the Governing Board of said Authority duly and regularly and legally held at 625 S. Pico, San Jacinto, on May 25, 1993, of which meeting all of such members had due notice, as follows: AYES: NOES: ABSENT: ABSTAIN: An agenda of said meeting was posted at least 72 hours before said meeting at a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: Secretary of the San Jacinto Financing Authority ruaL:100_1114182763.2% 4 t f S SECRETARY'S CERTIFICATE 0 i I Richard Brewer, Secretary of the San Jacinto Financing Authority, do hereby , , certify as follows: , I The foregoing resolution is a full, true and correct copy of a resolution duly adopted by a 3 vote of a majority of the members of the Governing Board of said Authority at an adjourned i i regular meeting of the Governing Board of said Authority duly and regularly and legally held at i the City of San Jacinto, California, on June 15, 1993, of which all of such members had due notice, as follows: AYES: Ford, Leahy, Solorio, Williams , Mayor Hafliger NOES: None i s ABSENT: None ABSTAIN: None , I An agenda of said meeting was posted at least 72 hours before said meeting at i 201 E. Main St . , San JacirGahfornia, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. ! i I have carefully compared the foregoing with the original minutes of said meeting on file 3 and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. , i f Et_ f °s i S PUBL:95_1 1141 B2763.2 4 j r / Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. s Dated: s i i I I i i 1 i I 1 Secretary of the San Jacinto Financing Authority R is I Ei I I 4 4 i s i i I 6� 0 i I I i I I f!b E 3iF 1 i I i i E i g p f i PUBL:95_1 1141 B2763.2 5 1 r � EXHIBIT 'A" i i 3 I I I i E i i e E I i i ii 3 4 i BYLAWS OF THE SAN JACINTO FINANCING AUTHORITY i 1 6 i €P i 0 Adopted May 25, 1993 i 4 i i I 6 S I I i 3 i i i I i i i i i i 3 s e 4 f i ARTICLE I - THE AUTHORITY Section 1. Name. The official name of the Authority shall be the "San Jacinto Financing Authority". Section 2. Authority Board Members. The Authority shall be administered by a governing board whose members shall be, at all times, the members of the Redevelopment Agency of the City of San Jacinto (the "Agency") (herein the "Authority Board"). The term of office as a member of the Authority Board of each member of the Agency shall terminate when such member of the Authority Board shall cease to be a member of the Agency; and the successor to such member of the Agency shall become a member of the Authority Board. Section 3. Office. The business office of the Authority shall be at 312 East Main Street, San Jacinto, or at such other place as may be designated by the Authority Board. Section 4. Compensation. Members may receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties, but only when authorized by the Authority and if there are unencumbered funds available for such purpose. ARTICLE II - OFFICERS Section 21. Officers. The Officers of the Authority shall be the Chair, Vice-Chair, Secretary, Treasurer and Controller. Section 22. Chair. The Chair of the Authority shall be elected by the Authority Board from among its members. The term of office shall be from the date of his or her election through the date of the first regular meeting of the Authority in the next succeeding calendar year; provided, that he or she shall serve until a successor has been duly elected. The Chair shall preside at all meetings of the Authority, and shall submit such information and PUBL:96_1 114 1 B2763.2% 3 F i recommendations to the Authority Board as he or she may consider proper concerning the business, policies and affairs of the Authority. The Chair also serves as the chief executive i I officer of the Authority and shall be responsible for execution and supervision of the affairs of � the Authority. Except as otherwise authorized by resolution of the Authority Board, the Chair or i the Chair's designee shall sign all contracts, deeds and other instruments executed by the Authority. Section 23. Vice-Chair. The Vice-Chair shall be elected by the Authority Board I i from among its members. The term of office shall be from the date of his or her election I I through the date of the first regular meeting of the Authority in the next succeeding calendar I year; provided that he or she shall serve until a successor has been elected. The Vice-Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. In case of the resignation or death of the Chair, the Vice-Chair shall perform such duties as are imposed on the I Chair, until such time as the members shall elect a new Chair. Section 24. Secrttar. y. The Secretary shall be appointed by the Authority Board I and shall serve at the pleasure of the Authority. The Secretary shall keep the records of the Authority, shall act as Secretary at the meetings of the Authority and record all votes, and shall E keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such e purpose, and shall perform all duties incident to the office. Section 25. Treasurer. The Treasurer of the City of San Jacinto (the "City") shall be the Treasurer and the Controller of the Authority, and shall perform the duties set forth in the j i i Joint Exercise of Powers Agreement. I Section 26. Election of Officers. Election of officers shall be the first order of t business at the first meeting of the Authority, regular or special, held in each calendar year. ke G i 6 PuaL:96_1 1 141 B2963.2% 2 Section 27. Authority to Bind Authority. No member, officer, agenda or employee of the Authority, without prior specific or general authority by a vote of the Authority Board, shall have any power or authority to bind the Authority by any contract, to pledge its credit, or to render it liable for any purpose in any amount. ARTICLE III - EMPLOYEES AND AGENTS Section 31. Appointment of Employees and Agents. The Authority may from time to time request from the City or the Agency the services of such personnel, counsel or agents, permanent or temporary, as may be necessary to carry out the business and affairs of the Authority. The Authority Board may in addition employ temporary professional and technical personnel on such terms and at such rates of compensation as the Authority business and affairs, provided that adequate sources of funds are identified for the payment of such temporary professional and technical services. ARTICLE IV - MEETINGS Section 41. Regular Meetings. Regular meetings shall be held at the business office of the Authority, or at such other place as the Chair may designate, on dates and at a time as fixed by Resolution of the Authority. If at any time any regular meeting falls on a legal holiday, such regular meeting shall be held on the next business day at the same time. At least 72 hours before a regular meeting, an agenda containing a brief general description of each item of business to be transacted or discussed shall be posted at a location freely accessible to members of the public. The agenda shall specify the time and location of the regular meeting. PUBL:96_11141B2763.2% 3 t 1 No action shall be taken on any item not appearing on the posted agenda except as permitted by law. 3 I i I Section 42. Special Meetings. A special meeting may be called at any time by the Chair or upon the request of two of the members of the Authority by delivering written notice to I each member and to each person or entity entitled by law to receive such notices. Notices to the , Authority Board shall be sufficient if delivered to the City Clerk of the City Council. Notices to other persons or entities entitled by law to receive notices must be delivered personally or by i mail and must be received at least 24 hours before the time of such meeting as specified in the i notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted and shall be posted at least 24 hours prior to the special meeting in a i location that is freely accessible to members of the public. No other business shall be considered at such meetings by the Authority Board. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Secretary of the i Authority a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the time it f convenes. Section 43. Closed Sessions. Nothing contained in these bylaws shall be construed F to prevent the Authority Board from holding closed sessions during a regular or special meeting f concerning any matter permitted by law to be considered in a closed session. r Section 44. Public Hearings. All public hearings held by the Authority Board shall 1 be held during regular or special meetings of the Authority Board. Section 45. Adjourning Meetings and Continuing Public Hearings to Other Times or Places. The Authority Board may adjourn any meeting to a time and place specified in the r order of adjournment. Less than a quorum may so adjourn from time to time. If all members I PURL:96_1 1141 B2763.2% 4 1 F i are absent from any regular meeting or adjourned regular meeting the Secretary or Acting Secretary of the Authority may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. Any public hearing being held, or any hearing noticed or ordered to be held at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting in the same manner and to the same extent set forth herein for the adjournment of the meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing a copy of the order or notice of continuance shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. Section 46. Meetings to be Open and Public. All meetings of Authority members to take action or to deliberate concerning Authority business and its conduct shall be open and public. All persons shall be permitted to attend any such meetings except as otherwise provided as permitted by law and Section 43 of these bylaws. Section 47. Ouorum. A majority of the members of the Authority Board shall constitute a quorum for the purpose of conducting its business and exercising its powers and for 141 PuaL:96_1114182763.2% 5 1 1 1 (f 1 all other official purposes, except that less than a quorum may adjourn from time to time until a quorum is obtained. E Section 48. Order of Business. At the regular meeting of the Authority, the I 1 following shall be the general order of business: 1 1. Roll Call 2. Approval of Minutes 3. Reports 4. Unfinished Business i R 1 5. New Business i 6. Matters Not Appearing on the Agenda s 7. Adjournment S Section 49. Parliamentary, Procedure. The rules of parliamentary procedure set forth in Robert's Rules of Order shall govern all meetings of the Authority, except as otherwise herein provided. I I ARTICLE V - AMENDMENTS I ! f3p i i Section 51. Amendments to ByLaws. These bylaws may be amended by the I i Authority at any regular or special meeting by majority vote, provided that the proposed i amendment to any particular section is included in the notice of such meeting. i f i 1 i i i ! 's I ! i PUBL:96_1 1 141 B2763.2% 6 i i i EXHIBIT "B" RESOLUTION NO. -, 018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE The Political Reform Act, Government Code Section 81000 , et seq. , requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730 , which contains the terms of a standard conflict of interest code. it can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendices in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code for the City of San Jacinto. SECTION 1 DEFINITIONS: The definitions contained in the Political Reform Act of 1974 , regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et seq. ) and any amendments to the Act o- regulations, are incorporated by reference into this Conflict o Interest Code. SECTION 2 DESIGNATED EMPLOYEES: The persons holding positions listed in the Appendix A are designated employees. It has been determined that these persons make or participate in the :Waking of decisions which may foreseeably have a material effect on financial interests. SECTION 3 DISCLOSURE CATEGORIES: This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this Code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interest pursuant to Article 2 of Chapter 7 of the Political Reform Act , Government Code Sections 87200, et seq. Such persons are covered by this Code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix B specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosury 1