HomeMy Public PortalAbout2003.160 (08-19-03)RE~OLUTIOIV I~O. ~003. ~SO
A RESOLUTION OF TfiE CITY ~~IJNCIL OF THE CITY OF LYNV160~7~
AUTHORIZING THE CREA~'IQ(V OF TFiE LYNWOOD UTILITY AUTHORITI'
AND TAKING CERTAIN OTFiER ACTIONS IN CONNECTION THEREWITFi.
WHEREAS, the City Council of the City of Lynwood (the "City") has been
advised by its staff and consultants that the lease of the City owned water and
~ sewer system (the "Enterprise") to another locally controlled public entity may
~ have long term benefits to the City; and
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WHEREAS, the City's staff and consultants have recommended that the
City consider the lease of the Enterprise to a joint powers authority comprised of
the City and the Lynwood Redevelopment Agency (the "Agency"); and
WHEREAS, in order to assist the City in the leasing of the Enterprise, the
City and the Agency intend to form a Joint Powers Authority designated as the
"Lynwood Utility Authority" (the "Authority") pursuant to a Joint Exercise of
Powers Agreement (the "Joint Powers Agreement"), which Authority will be duly
created, established and authorized to transact business and exercis~ its
powers, all under and pursuant to the Joint Powers Law (Articles 1 through 4 of
Chapter 5, Division 7, Title 1 of the California Government Code) including fihe
power to lease a municipal water and sewer system; and
WHEREAS, the City Council has previously directed staff to prepare a
proposal on behalf of the Authority for the lease of the Enterprise; and
VIIHEREAS, the Cifiy hereby finds and declares that entering into the Joint
Powers Agreemeng will be beneficial to persons residing within the City; and
I V1IHEREAS, the City Council with the aid of its staff, has reviewed~ the
1--~- Joint Powers Agreement of the Authority and the City Council wishes to approve
the Joinf Powers Agreement and matters related thereto;
NOW, TFiEREFORE, the City Council of the City of Lynwood does find,
determine and resolve as follows:
Section 1. The City hereby approves the creation of the Authority, its
membership therein and the Joint Powers Agreement related thereto,
substantially in the form annexed hereto, with such revisions, amendments and
completions as shall be approved by a Responsible Officer with the advice of
Bond Counsel and Counsel to the City. A responsible officer shall include any
member of the City Councii, the City Manager, the~ City Clerk, City Treasurer, the
Director of Finance & Administration, or any official of the City designated by the
Mayor or the City Manager as a responsible officer.
Section 2o City s~aff has evaluated the proposal and determined (1) the
residenfs of the City will be provided equaB or better service by the Authority, (2)
~he proposaY results in savings and/or recovery of capital expenditures previously
ancurred by the City in connection with the Enterprise, and (3) the Enterprise will
~ continue to be subject to local control, ownership and operation.
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~~' Section 3e The Niayor, the City fVlanager, Director of Finance &
i Administration, or any otlier responsible officer, the City and each of them, is
hereby authorized and directed to execute and deliver any and all documents
and instrumen~s and ~o do ~nd cause fo be done any and all acts and things
necessary or proper for carrying out the transactions contemplated by this
ff~esolution.
Section 4. The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be in full force and effect.
Notwithstanding the foregoing, such certification and any of the other duties and
responsibilities assigned to the City Clerk pursuant to this Resolution may be
perFormed by a Deputy City Clerk with the same force and effect as if performed
by the City Clerk hereunder. ~
PASSED, APPROVED AIVD ADOPTED this 19T" day of August, 2003,
by the following roll call vote:
A1(ES: COUMCILME~d BYRD, REYES, RICHRRDS, RODRIGUEZ, PEDROZA
NOES: ~Q~E
ABSENT: ~0l~E
ABSTAIN: I~OWE _
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rnando Pedroza, ayor
ATTE~T:
,, ~r ~~~ -~z.~~
Andrea Hooper, City Clerk '
APP
~ 1' ~ORIVIa
Attorney
APPROVED AS TO CONTENT:
rry H m , City anager
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STATE OF CALIFORNIA }
} ss.
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
, the foregoing Resolution was passed and adopted by the City Council of the City
~` of Lynwood at a regular meeting held on the ~-9 L~ day of
~
Au~us± , 2003.
AYES: COUNCILMEN BYRD, REYES, RICHRRDS, R~IDR?GUE2, PEDROZA
NOES: ~~~E
ABSENT: ~3G~F -
ABSTAIN: ~~~~
l~~'J~-~''"~~- .~'~1_/
~-
Andrea L. Hooper, City Clerk
STAI"E OF CALIFORNIA }
~ } ss. .
; COUNTY OF LOS ANGELES }
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I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correction copy of Resolution IVo. ~~~~ •~-60 on file in my office and that
said Resolution was adopted on the date and by the vote therein stated.
Dated this A~~~ day of ~+u~~~~ 2003.
,
2.~~--t~C~.- ~ ~--~-CC.~~..~..~
Andrea L. F-looper, City~
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