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HomeMy WebLinkAbout96-002 FA Resolution RESOLUTION NO. FA 96-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOV#/N/WESTSIDE COMMMTY FACILITIES DISTRICT FINANCING AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND ESTABLISHING THE ORDER OF BUSINESS AND RULES FOR ITS PROCEEDINGS WHEREAS, the City of Temecula (the 'City') and the Redevelopment Agency of the City of Temecula (the 'Agency') have adopted resolutions authorizing the formation of a joint powers authority under Articles 1-4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California to be known as the 'Old Town/Westside Community Facilities District Financing Authority' (the 'Authority'), and the execution of a joint exercise of powers agreement in connection therewith; and WHEREAS, the City and the Agency have executed said agreement and the Authority, being duly formed, now desires to take certain actions relative to its administration as set forth below. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: Section 1. Regular Me@. The regular meetings of the Board of Directors of the Authority shall hereafter be held annually on the first Tuesday of July at the hour of 7:00 o'clock p.m. If any regular meeting falls on a holiday, such regular meeting shall be held on the next Tuesday which is a business day at the same hour. Section 2. Special Me@. The Chairperson of the Authority may, when it is deemed expedient, and shall, upon the written request of two (2) Boardmembers of the Authority, call a special meeting of the Authority for the purpose of transacting the business designated in the call. At such special meeting, no business shall be considered other than as designated in the call. Section 3. Posting Agendas/Notices. The Secretary or her authorized representative shall post an agenda for each regular Authority meeting or a notice for each special Authority meeting containing a brief description of each item of business to be transacted or discussed at the meeting together with the time and location of the meeting. Agendas/notices shall be posted in the same place or places as agendas are posted for meetings of the City Council of the City at least 72 hours in advance of each regular meeting and at least 24 hours in advance of each special meeting. The Secretary shall maintain a record of such posting. Resos.FA\96-02 Section 4. Meeting Place. All meetings of the Board of Directors shall be held at the regular meeting place of the City Council of the City, unless the Board of Directors shall adjourn to or fix another place of meeting in a notice to be given thereof, or unless prevented by flood, fire or other disaster. Said regular meeting place is hereby fixed and established at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Section 5. Rules of Proceedings. (a) Public Meetings: All legislative sessions of the Board of Directors, whether regular or special, shall be open to the public. At every regular meeting, members of the public shall have an opportunity to address the Authority on matters within the Authority's subject matter jurisdiction. Public input and comment on matters on the agenda shall be heard when the matter regularly comes up on the agenda. Public input and comment on matters not otherwise on the agenda shall be made during the 'open time for public urgency matters.' The Chairperson or presiding officer may limit the total amount of time allocated for public discussion by particular issues and/or the time allocated for each individual speaker. (b) Quorum: Three (3) of the members of the Board of Directors shall constitute a quorum for the transaction of business. (c) Method of Action: The Board of Directors shall act only by ordinance, resolution or motion, which, to become effective, shall be adopted by the affirmative vote of not less than a majority of the members of the Board of Directors present and voting. (d) Manner of Voting. Voting on formal resolutions, matters as to any federal, state, county or city agency, and on such other matters as may be requested by a majority of the Boardmembers, shall be by roll call or call vote, and the ayes, noes and members present not voting shall be entered upon the minutes of such meeting, except on the election of officers, which may be by ballot. (e) Adjournment: The Board of Directors may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the Secretary 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 regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as herein provided, 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. Resoa.FA\96-02 2 (f) Hearings - Continuance: Any hearing being held, or notice or ordered to be held, by the Board of Directors at any meeting may by order or notice of continuance be continued or re-continued to any subsequent meeting of the Board of Directors in the same manner and to the same extent set forth for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order of notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order of declaration of continuance was adopted or made. Section 6. Contracts * Agreements. All contracts or agreements on behalf of the Authority shall be signed by the Chairperson or the Executive Director, and countersigned by the Secretary, after having been authorized to do so by action of the Board of Directors, unless otherwise specifically provided by resolution of the Board of Directors. Any contract or agreement involving less than ten thousand dollars ($10,000) may be executed by any of such officers without the need for any approval by the Board of Directors. Section 7. @. The Authority shall have an Official Seal consisting of two (2) concentric circles with the words 'Old Town/Westside Community Facilities District Financing Authority' within the outer circle and 'September 12, 1995", the date of formation of the Authority, within the inner circle. The Secretary shall obtain the Seal at the Authority's expense and shall have custody of the Seal. Section 8. SecretaU of State. Bond Counsel to the Authority is hereby directed to file a notice of the formation of the Authority with the Secretary of State of the State of California, as required by Sections 6503.5 and 53051 of the California Government Code. Section 9. Office and Mailing Add=. The office of the Authority and its official mailing address are hereby fixed and established at Old Town/Westside Community Facilities District Financing Authority c/o City of Temecula, 43174 Business Park Drive, Temecula, California 92590, Attention: Executive Director. Resos.FA\96-02 3 PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a regular meeting held on the 23rd day of April, 1996. Patricia H. Birdsall, Chairperson ATTEST.- Ju e"@reek, CMC/City Clerk Authority Secretary STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. FA 96-02 was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 23rd day of April, 1996, by the following roll call vote: AYES: 4 BOARD MEMBERS: Birdsall, Ford, Roberts, Stone NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAINED: 1 BOARD MEMBERS: Stone J@ SAreek, CMC, City Clerk/ Authority Secretary 4