Attachment No. 1
RESOLUTION NO. 2024-04
A RESOLUTION OF THE CITY OF POMONA, CALIFORNIA APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF POMONA, CALIFDORNIA IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY OF POMONA, CALIFORNIA IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY WHEREAS, the City of Pomona (the “City”) is a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the City, upon authorization of the City Council (the “City Coucil”), may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the “JPA Law”) 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 WHEREAS, the Cities of Selma, Lancaster and Eureka have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the “Agreement”), establishing the California Enterprise Development Authority (the “Authority”) and prescribing its purposes and powers; and WHEREAS, in furtherance of the City’s economic development efforts, the City desires to become an associate member of the Authority; and WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and WHEREAS, the form of associate membership agreement (the “Associate Membership Agreement”) between the City and the Authority has been filed with the City, and the members of the City Council, with the aid of the City’s staff, have reviewed the Associate Membership Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DOES HEREBY FIND, DECLARE AND RESOLVE:
SECTION 1. The City Council hereby approves associate membership by the City in the Authority.
SECTION 2. The City Council hereby approves the form of, and authorizes the Mayor, the City Manager or any designee of such officers, to execute the Associate Membership Agreement (Exhibit A), subject to the approval as to form from the City Attorney’s Office, and authorizes the City Clerk to attest to such signature, in substantially the form on file with the City Clerk and attached hereto as Exhibit A, together with any changes therein deemed advisable by the official signing the Associate Membership Agreement.
SECTION 3. The Mayor, the City Manger, the City Clerk and other officers and officials of the City, are hereby authorized and directed to take all actions and do all things necessary with respect to associate membership in the Authority including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents which are necessary to effectuate the purposes of this resolution.
SECTION 4. This Resolution shall take effect upon its adoption by the City Council. [Remainder of page intentionally left blank]
PASSED, APPROVED AND ADOPTED this 8th day of January, 2024.
CITY OF POMONA:
Tim Sandoval
Chair/Mayor
APPROVED AS TO FORM: ATTEST:
Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on the 8th day of January 2024, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Rosalia A. Butler, MMC, City Clerk
Exhibit A – Associate Membership Agreement by and between the California Enterprise Development Authority and the City of Pomona Resolution No. 2024 -
January 8, 2023
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4875-5311-1447.1
Resolution No. 2024-04
January 8, 2023
1 of 3
4875-5311-1447.1