RESOLUTION NO. _____________
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BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA
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RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN MATEO AUTHORIZING THE EXECUTION AND
DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT AND
APPOINTING THE COUNTY'S REPRESENTATIVES TO THE
GOVERNING BOARD OF THE ABAG FINANCE AUTHORITY FOR
NONPROFIT CORPORATIONS CREATED THEREBY
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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that:
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WHEREAS, the Board of Supervisors of the County of San Mateo, California (the "Board") is a public body corporate and politic duly organized and existing under the Constitution and laws of the State of California;
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WHEREAS, the Board 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;
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WHEREAS, certain public agencies have entered into a joint exercise of powers agreement pursuant to the JPA Law (the "Joint Exercise of Powers Agreements") under which the ABAG Finance Authority for Nonprofit Corporations (the "Authority") has been created to, among other things, assist nonprofit corporations and other entities to obtain tax-exempt financing;
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WHEREAS, under California law and the Joint Exercise of Powers Agreement, the Authority is a public entity separate and apart from the parties to the Joint Exercise of Powers Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of its member entities;
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WHEREAS, this Board proposes to authorize the execution of the above-referenced Joint Exercise of Powers Agreement, in the form presented to this Board; and
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WHEREAS, all acts, conditions and things required by the Constitution and laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of the transaction authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the County is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such transactions for the purpose, in the manner and upon the terms herein provided.
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NOW, THEREFORE, BE IT DETERMINED THAT:
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SECTION 1. Declaration of Board. This Board hereby specifically finds and declares that the statements, findings and determinations of the Board set forth in the preambles above and of the documents approved herein are true and correct.
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SECTION 2. Joint Exercise of Powers Agreement. The form of Joint Exercise of Powers Agreement, dated as of April 1, 1990, as amended, presented to this meeting and on file with the Clerk of the Board is hereby approved.
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SECTION 3. Attestation and Seal. The Clerk of the Board of Supervisors is hereby authorized and directed to attest the signature of the authorized signatory, and to affix and attest the seal of the County, as may be required or appropriate in connection with the execution and delivery of the Joint Exercise of Powers Agreement.
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SECTION 4. County Representative. The President of the County Board of Supervisors is hereby appointed as the County's Representative to the Authority's Governing Board for all purposes of representing the County's interests and exercising the authority of the County with respect to the Authority and voting on behalf of the County on all matters delegated to the Authority's Governing Board. The Assistant County Manager is to be appointed by the President of the Board as the County's Alternate Representative to the Authority's Governing Board for all purposes of representing the County's interests and exercising the Authority of the County with respect to the Authority and voting on behalf of the County on all matters delegated to the Governing Board in the absence of the County's Representative. The Board is hereby designated as the County's "applicable elected representative" for the purposes of the Internal Revenue Code Section 147(f) with respect to any tax-exempt financing of the Authority.
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SECTION 5. Further Actions. Officers of the County and the President of the Board, the Vice President of the Board and the County Manager and any other officer or official of the County authorized by the President of the Board, the Vice President of the Board and the County Manager, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this resolution and the Joint Exercise of Powers Agreement. Such actions heretofore taken by such officers are hereby ratified, confirmed and approved.
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NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the President of this Board of Supervisors be, and is hereby, authorized to execute and deliver the Joint Exercise of Powers Agreement for and on behalf of the County of San Mateo, and the Clerk of this Board shall attest the President's signature thereto.
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