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HomeMy Public PortalAbout82-1 - LIDA (2)_ l,_ RESOLUTTOrJ ?J0. LIDA 82-1 .~. RESOLUTION OF THE LYNI400D IfIDUSTRIAL DEVELOPhIENT AUTHORITY ,~DOPTIiIG BY-LA'~45, PROCEDURES ;AND ,~PPLI- CATION FORi•15, AND DESiGNATIMG OFFICERS. '.HERE.-~S, on flay 19, 1°S2 the City Council of the City of Lynwood adooted Ordinance ~Ic. 1107 declaring that an industrial de- velopment. authority is needed and shall function in the Citv of ~_ynwood; and ' ',YHEREAS, by Resolution No. 52-68 the City Council of the City of Lynwood designated itself as the Board of Directors of the L,vmvood Industrial Development Authority; and !4HEREAS, the California Industrial Development Financing ~,ct authorizes the adoption of By-laws and Procedures by an Indus- trial Development Authority. P!0'd', THEREFORE, be it resolved by the Lynwood Industrial Develocment Authority, as•follows: SECTION 1: The Lyn~,vood Industrial Development Authority hereby adopts the attached By-laws (Exhibit I). SECTIOta 2: The Lynwood Industrial Development Authority hereby adopts the attached procedures for the submittal and review of industrial development pro,7ect applications (Exhibit II). SECTION 3: The Lynwood Industrial Development Authority does hereby adopt the attached industrial development application form (Exhibit III). SECTION 4: The Lynwood Industrial Development Authorit;~ does hereby make the following designation or" officers: The Mayor of the City of Lynwood shall serve as the Chairman of the Lynwood Industrial Development ,4uthority, and the t•tayor Pro-Tem of the City of Lyntivood shall serve as the Vice Chairman of the Authority. Designation of other officers shall be as specified in the By-laws of the Lynwood Industrial Development Authority. PASSED, ,APPROVED AND ADOPTED this 7_nd day of ,dirt y 1982. /s/ LOUIS A. THOMPSON LOUIS A. THOb!PSON, CNAIRh1AP! _ Industrial Develooment Authority ATTES'T:- - - . /s/ AfJDREA L. HOOP ER Andrea Hooper, City Clerk APPROVED AS TO COAITENT: /s/ SAiVDRA hi. READ Sandra i1. Read. Community Development Director ~~PPROVED ,aS 70 FORt4: /s/ DAVID MC EtJEN avid P?cEtven, City ,-1t*_orney STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Industrial Development Authority, do hereby certify that the zbove and foregoing resolution was duly adopted by the said Authority at a regular meeting thereof held in the City Hall of the City. of Lynwood on the 2nd day of July L 82, and passed. by the following vote: Ayes: Authority Member Byork, Green, Morris, Rowe, Thompson Noes: None Absent: None /s/ ANDREA L. HOOPER ecretary LYNWOOD INDUSTRIAL DEVELOPP~iENT AUTHORITYt STATE OF CALIFORNIA ) ss. COUNTY OF LOF ANGELES ) I, the undersigned Secretary of the Lynwood Industrial Development Authority, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. LIDA 82-1 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 9th day or" Jul 1982. ~itc.,~i~.Gdt... c-~7 / i~~3~ Secretary ' LYNWOOD INDUSTRIAL DEVELOPMENT AUTHORITY EXF?=BST _ r INDUSTRIAL DEVELOPf-0E NT AUTHORITY OF THE CITY OF LYNWOOD BYLAWS ARTICLE I SECTION 100. Section 101 THE AUTHORITY Name of the Authority The name of the Authority shall be the Industrial Development Authority of the City of Lynwood. Section 102. Authority h1embers The City Council of the City of Lynwood has declared itself to be the Authority. The Members of the Authority shall be the Members of the City Council as that body is constituted, and shall remain Authority Members only so long as said Members remain on the Council. New Members of the City Council shall automatically become Members of the Authority. Section 103. Compensation of Members Members may receive their actual and necessary expenses, includ- ing traveling expenses incurred in the discharge of their duties. Members of the Authority may receive such other compensation as tf,e City Council may prescribe consistent with State and local law. Section 104. Business Offices of the Authority 3usiness offices of the Authority shall be in such locations in the City of Lynwood, State of California, as may be selected from time-to-time by resolution or motion of the Authority Members. The principal business offices of the Authority shall be in the City hall, 11330 8u11is Road, Lynwood, California 90262, unless and until changed by resolution or motion of the Authority Members. * (As amended and approved by the Lyn~oood Industrial development ?ut'~ority on Jul_v 2, 1982) -1- ARTICLE II SECTION 200. OFFICERS OF THE AUTHORITY Section 201. Designation of Officers The officers of the Authority shall be the Chairman, the Vice Chairman, the Executive Director, the Deputy Executive Director, the Secretary, the Deputy Secretary, the Treasurer and the Deputy Treasurer. The Chairman and Vice Chairman shall be selected by and from the Authority Members. The City Manager of the City sha-11 serve as the Executive Director, the Redevelopment Manager of the City shall serve as the .Deputy Executive Director, the City Clerk of the City shall serve as the Secretary, the Deputy Clerk of the City shall serve as Deputy Secretary. The Treasurer of the Authority shall be such person as may be designated by the Authority from time to time, and the Deputy Treasurer of the Authority shall be the Deputy Treasurer of the City. The Authority .Members may appoint such other officers (permanent, acting, or temporary) as may be appropriate. The Authority Members may fix and determine the qualifications and duties of such Authority officers. Section 202. Terms of Officers The Chairman and Vice Chairman shall serve terms ending with the selection of their successors, or until death, resignation or re- movel from .office. The selection of the Chairman and Vice Chairman shall be made at the same time as the annual reorganization of the City Council. The Executive Director, Deputy Executive Director, Secretary, Deputy Secretary, Treasurer and Deputy Treasurer shall hold their respective offices so long as they hold their designated City offices. Section 203. Duties of Officers The Chairman shall preside at the Authority meetings and per- form such other duties 'as are appropriate. The Vice Chairman, in the absence or incapacity of the Chair- man, shall perform tl~e duties of the Chairman. Should the office of the Chairman become vacant, the Vice Chairman shall perform the duties of the Chairman until the Authority Members select a new Chairman. -2- In the absence of or incapacity of the Executive, Director, the Deputy Executive Director is hereby authorized to perform the duties of the Executive Director. The Executive Director is charged with the administration, management, and general supervision of the business and affairs of the Authority. The Secretary shall keep and maintain records of the Authority and minutes of the Authority meetings. The Secretary shall also perform all other duties incident to the office of the Secretary. The Deputy Secretary in the absence of:.or incapacity of the Secretary, shall per- form all of the duties of the Secretary. The Treasurer shill supervise the fiscal affairs of the Authority and shall also supervise the care and custody of all monies of the Authority. The treasurer shall cause adequate, correct and regular accounts of the monies and fiscal transactions of the Authority to be kept and maintained. The Treasurer shall render to the Members of the Authority, semi-annually and at such other times as requested by the the Authority, a Treasurer's report of the Authority's trans- actions and financial conditions. The Treasurer shall submit to the Members of the Authority significant information and recommendations concerning the fiscal affairs of the Authority. The Treasurer shall also perform all other duties incidental to the office of the Treasu- rer. The Deputy Treasurer in the absence or incapacity of the Treasurer shall perform all of the duties of the Treasurer. ARTICLE III SECTION 300. EhIPLOYEES, AGENTS, AND CONSULTANTS Section 201. Appointment of Employees Agents, and Consultants In general, the day-to-day services required by the Authority are to be rendered by City employees. The full extent and nature of such services may be set forth in a contract between the Authority and the City establishing certain City-Authority relationships. In addition to the use of City employees, the Members of the Authority may from time-to-time establish such positions and select and appoint such agents and consultants, permanent and temporary, as it may require and determine their qualifications, duties and com- pensation. -3- Section 302. Compensation of Employees, Agents, and Consultants City employees, including the City Manager, Redevelopment Director, City Clerk, Deputy City Clerk, City Treasurer, and Deputy Treasurer shall receive no compensation for services rendered to the Authority ether than such compensation as they receive for their City employment unless otherwise approved by resolution of the Authority and City Council in accordance with law. The Authority Members may fix and determine the compensation o£ all other Authority employees, agents, and consultants. ARTICLE IV SECTION 400. GENERAL Section 401. Authority to Bind Authority No Member, officer, agent or employee- of the Authority, without prior authority by a vote of the Authority Members, shall 'nave any power or authority to bind the Authority by a contract, to pledge its credits, or to render it liable for any purpose in any amount. Section 402. Contracts, Deeds and Other Documents Except as otherwise required by 1a w,- the Chairman, or in his absence or incapacity the Vice Chairman, shall execute or. behalf of, the Authority all contracts, deeds, resolutions ar.d other documents authorized by the Authority Members. The Executive Director, or in his absence or incapacity, the Density Executive Director, is authorized to execute and acknowledge any grant deeds, lease agreements, loan agreements, sublease agreements, deeds of trust, escrow instructions or other instruments with respect to real property either owned by the Authority or in which the Authority has an interest. The Secretary shall .attest to all such signatures. tiothing i~erein contained shall prohibit or be construed to prohibit the Authority Members from authorizing any other officer or employee of the Authority to so execute such instruments and documents. Section 403. Faymant of Money, Notes er Other Indebtec'.ness :--1= f ^.a C},S, .ra-t5 Cr Ot,^:er .ter ~ar =fir +_r_c r no•; _ _ _ payr en_ o_ -~0_.~1 , nOteS Cr Ot7?°r eVlde;?'Ce Of _nce ~t erl r:c SS _=SueQ 1ri tree na;;l2 O' -4- or payable to the Authority shall be signed or endorsed by such person or persons and in such a manner as from time-to-time shall be determined by the Members of the Authority. Section 404 Fiscal Year The fiscal year of the Authority shall rur, from Ouly 1 of a calendar year to dune 30 of the following calendar year. ARTICLE V SECTION 500. Section 501. MEETINGS Reqular Meetings Regular meetings may be held without notice in the normal meeting place of the City Council (or another place established by Members of the Authority) on the same day and at the same hour as that set for the last regular meeting of the City Council in each Calendar quarter. Section 502. Special t4eetinc~_s A special meeting may. be called at any time by the Chairman or upon the written request of three of the Members of the Authority in the manner provided in the Brown Act (Government Code Section 54950 et seq. as such sections now exist or may be hereafter amended). Section 503 Closed Sessions Nothing contained in these Bylaws shall be construed to pre- vent the Authority Members from holding closed sessions during a regu- lar or special meeting concerning any matter permitted by law to be considered in a closed session. Section 504. Public Hearings All public hearings held by the Authority Members shall be held during regular or special meetings of the Authority. Section 505. ,Ad~ourninq and Continuing Meetings and Public Hearings to Other Times or Places. The Authority P1embers may continue time and .p lace specified in the order quorum may so continue or .adJourn from are absent from any regular meeting or Secretary or Executive Director of the the meeting continued or or adJourn any meetina to a of adJournment. Less than a time-to-time. If all Members adJourned regular meeting the Authority may declare -5- adjourned to a stated time and place and shall cause a written notice of the continuance or adjournment to be criven in the same Rla nner as DrO Vlded fOr STJe C1a1 meetin a5. ''. CODS' Of ~..~ order or notice of continuance or 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 continuance or adjournment. When a regular, continued, or adjourned regular. meeting is continued or adjourned as provided in this Section, the resulting.. continued or adjourned regular meeting is a regular meeting for-all purposes. When an order or continuance or adjournment of any meeting fails to state the hour at which the continued or adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. Any public hearing being held, or any public hearing noticed or ordered to be held at any meeting may by order or notice of continuance or adjournment be continued, recontinued, closed, subject to being reopened at a specified subsequent meeting, adjourned, or readjourned to any .subsequent meeting in the same manner and to the same extent set forth for the continuance or adjounment of meetings. If any meeting or public hearing is continued or adjourned to a time less than 24 hours after the time specified in these Bylaws or in the order or notice of meeting or hearing, a copy of the order or notice of continuance or adjournment shall be posted immediately following the meeting at which the order or declaration of continuance or adjournment was adopted or made. Section 506. Meetings .to be Ooen and Public All meetings of three or more Authority Members at which they intend to take action or to deliberate concerning Authority business shall be open to the public to the extent required by law. All persons shall be permitted to attend any such meetings except as otherwise permitted by law. Section 507. Quorum A majority of the Members of the Au±hority shall constitute a quorum for the purpose of conducting its business, ez.ercisinc its powers, and for all other purposes. A smaller num'oer of Authority Members may adjourn a meeting from time-to-time until a quorum is present. If a quorum is present action may be taken by the Authority only upon a favorable vote of the majority of the number of Authority Members present. -6- Section 508 Order of Business The Authority may establish from *_ime to time tine general order of business at Authority m=etines. At any meetinc, the Authority Members, by a vote of a majority of =she Mem~ers present, may change the order of business. ARTICLE VI SECTION 600. AMENDMENT OF THE BYLAWS The Bylaws shall be amended only with the approval of at least a majority of the Members of the Authority at an Authority meeting,• but no amendment shall be adopted unless at least seven days written notice of the general nature thereof has been sent previously to all Members of the Authority. -7- ~XHIBIi II LYNWOOD INDUSTRI,4L DEVELOPNENT AUTHORITY PROCEDURES The following statement outlines the basic steps prescribed by.the state law to process an application through the Lynwood Industrial Development Authority. 1. Applicant has an initial consultation with the staff of the Author- ity. If indications seem positive, staff issues the application form with procedures and fee schedules. 2. Subsequently, the staff will accept a completed application for review and will make a preliminary determination of public benefit criteria and other provisions of law and make recommendations to the Authority. Acceptance of the application in no way obligates the ,4uthority to approve the protect. 3. If, on the basis of review under step f12, an affirmative determi- nation is made (a) the Authority must certify the application and make a finding of public benefit, (b) a copy of the certified .application is then filed with the City Council, and (c) a notice is published which indicates the acceptance of the appli- cation, the filing with the City Council. The notice also names the company, briefly summarizes the protect and states the maximum estimated amount of the bond issue. 4. Upon completion cf the steps indicated above, the City Council must take an actior, to approve or disapprove the application within ~5 days. 5. Once the City Council approves the application, the City Clerk certifies the Council action and transmits all supportive materials, studies, etc. tc the Authority's staff. At that lime, payment of a non-refundable fee of $1,250 will be required. The balance of the processing fee and recovery of any additional costs will be paid at the time of final Authority approval of the issue. b. Upon certification and transmittal of the City of Lynwood's approval to the Authority's staff, the proposed bond issue to- gether with any required State fees and documentation is trans- mitted to the California Industrial Development Financino ,4d- visory Commission, which is chaired by the State Treasurer, has sixty (60) days from the date of receipt of application to make a determination of approval or disapproval. Such approval or disapproval will be made on the basis of its findings on the following criteria. a. Public benefit of the protect b. Determination of whether the protect er its operation will result in the relocation or abandonment of other facilities within the State. c. Specific conditions relating to financial, credit viability and other detailed characteristics of the bond issue and its sale (these conditions are outlined in Article 5 of the California Industrial Development Financing Act and are similar to the requirements outlined above), 7. The State Advisory Commission transmits its approval or disapproval of the protect of the Industrial Development Authority. 8. If the Authority, the City Council and Advisory Commission all approve the protect and a minimum of 30 days from the filing of public notice have elapsed, the Authority enters into a Protect Agreement with the applicant. A Protect Agreement is a contract between the Authority and the applicant to ensure that the appli- cant will comply with all requirements of the financing. It is to include a scope of proposed development and a schedule of performance. 9. After the Protect Agreement is signed, the Authority, be resolution, approves and issues the bonds. At this time, the balance of the application fee or u or" 1% of the bond issue less S1,250, and recovery of any additional costs will be paid by the applicant. It must be noted that the issuance of these bonds constitutes no liability for, and does not affect the credit of, the City or the State. They are special obligation bonds supported only by the credit of the applicant and the soundness of the protect. FEE SCHEDULE The lair establishing the Industrial Development Authority permits the ,4uthority to recover processing and administrative costs related to the issuance of the industrial bonds. The Authority will collect an application fee of up to ~ of 1% of the amount of the bond issue, and will also recover, at the time of issue, any out-of-pocket ex- penses. l1'ithin the constraints of these provisions, the Lynwood Industrial Development Authority has developed the following fee schedule to be used in the program: I. Upon the finding and certification of public benefit by the Authority and the City Council (steps 1-5) and prior to trans- mittal of the apolication to the California Industrial Cevelop- ment Financial Advisory Commission, a non-refundable fee of $1250 will be required to cover administrative expenses. .This fee is in addition to any required state filing fee. At the time of final Authority approval the balance of the ~ of 1% applica- tion fee.must be oaid. 2. Other fees may be required in the Proteci Agreement to cover additional expenses which have not been covered by these processing fees. Exhibit III Offic_= Use On1v Application No. Date Received _ Data Approved LYNWCOD IlVDL6TRIAL DrZIEI.,OPMEiV'I' P.L'II?ORITY PROJECT EC.SCIBII,ITY REVIE~r1 The information r~uested on this form is necessary to process a r~vest for financial assistance from the Lynwood Industrial ]~veloprent Authority. Fill in all the blanks using "WNE" or "NOT APPLICABLE" where necessary. If figure given is an estimate, put "EST." after the figure. If rrmre space is needed for any specific answer to a question, use a separate sheet. ?11 insorraticn suiznitted in this form will be kept confidential to the extent entitled by law and will not be made public without prior notice to the applicant._ Please enclose the last fiscal year-end financial statecrent plus any interim statements if mailable. The in_fosmation required may be waived at tl:e discretion of the Executive Director of the Authority. Return b.~o signed copies of this application to: i;ynwood Lzdustrial i~velopment Authority Community L~velcpment T~partirent 11330 Bullis Rcad Lynwood, CA 90262 I. IDENTIFICATION AA1D DESCRIPTION OF THE APPLICALiT A. Company Identification 1. Official Company Name: Official Mailing Address: Telephone: ( ) Z. Business Organization: Corporation Partner- ship , Sole Proprietorship or Other (describe) Is the Company owned by an individual a subsidiary affiliated directly or indirectly with any other organization? - 1 -