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HomeMy WebLinkAboutResolution No. 2019-UB-03RESOLUTION NO. 2019 -UB -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, WITHDRAWING FROM MEMBERSHIP IN THE JOINT POWERS AUTHORITY KNOWN AS THE FINANCING AUTHORITY FOR RESOURCES EFFICIENCY OF CALIFORNIA WHEREAS, certain public agencies formed a joint powers authority pursuant to Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California known as the Financing Authority for Resource Efficiency of California ("FARECaI"). The joint powers authority was formed and operates under a joint powers agreement; and WHEREAS, FARECaI is empowered, among other powers, to plan, develop, finance, purchase, lease, construct, operate and maintain various capital projects and various resource efficiency programs and facilities to conserve, change usage patterns of or reduce the demand for electricity, natural gas or water, utilize electricity, natural gas and water facilities more efficiently, and transport, distribute and treat water, waste water or recycle water for reuse; and WHEREAS, pursuant to Resolution No. 96-C 174, adopted on November 4, 1996, the City Council of the City of Azusa approved joining FARECaI which included executing, and otherwise abiding by, the FARECaI joint powers agreement; and WHEREAS, the FARECaI joint powers agreement allows the City to withdraw from FARECaI upon the following conditions: (i) filing with FARECaI a resolution of the City Council which expresses the City's desire to withdraw: and (ii) the City paying, or making arrangements to pay, its pro rata portion of any such obligations; and WHEREAS, the City Council wishes adopt this Resolution in order to withdraw from FARECaI since the City does not have any current projects with FARECaI and the City has completed all projects and obligations which the City had with FARECaI. In addition, the City does not anticipate the need to participate in any future projects with FARECaI. NOW, THEREFORE, THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Withdrawal from FARECaI. Pursuant to Section 5.4 of the FARECaI joint powers agreement, the City hereby withdraws from FARECaI. SECTION 2. Implementation of Withdrawal. The Mayor of the City of Azusa, and his designee, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to withdrawing from FARECaI, including, but not limited to, execution of any documents and completion of any outstanding obligations of the City under the FARECaI joint powers agreement. 1 SECTION 3. Effective Date. This Resolution shall take effect immediately upon its adoption. The City Clerk is directed to send a certified copy of this Resolution to the FARECal board of directors and/or any other authorized representative of FARECal or the FARECal board of directors. SECTION 4. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Resolution. PASSED, APPROVED and ADOPTED this 22nd day of April, 2019. JosqOi Romero Rocha Boardmember/Mayor ATTEST: e",O&nce Corn o, Jr. Secretary/City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEARBY CERTIFY that the foregoing Resolution No. 2019 -UB -03 was duly adopted by the Utility Board/City Council of the City of Azusa at a regular meeting of the Azusa Light & Water Utility Board Thereof held on the 22nd day of April, 2019. AYES: BOARD/COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA NOES: BOARD/COUNCILMEMBERS: NONE ABSENT: BOARD/COUNCILMEMBERS: ALVAREZ -C /"" - � J nce Cornu , Jr. ity Clerk APPROVED AS TO FORM: City A orney Best Best & Kriege 2