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Resolution 2013-01 (GIDA)I RESOLUTION NO. IDA 2013 -01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GILROY APPROVING AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING THE GILROY PUBLIC FACILITIES FINANCING AUTHORITY FOR THE PURPOSE OF ADDING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GILROY AS AN ADDITIONAL MEMBER AND REMOVING THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY AS A MEMBER WHEREAS, the City of Gilroy (the "City ") and the Community Development Agency of the City of Gilroy (the "Agency ") have previously entered into a Joint Exercise of Powers Agreement dated as of March 21, 1994 (the "Joint Powers Agreement ") forming the Gilroy Public Facilities Financing Authority (the "Authority ") as a separate public agency under the laws of the State of California; and WHEREAS, the Agency has been dissolved under the provisions of Assembly Bill Xl 26, which became effective on June 29, 2011 (the "Dissolution Act "), and under the Dissolution Act all of the authority, rights, powers, duties and obligations of the Agency have been vested in the City of Gilroy, as successor agency (the "Successor Agency "); and WHEREAS, in order to ensure the continuing existence of the Authority, the City and the Successor Agency have proposed to add the Industrial Development Authority of the City of Gilroy (the "Industrial Development Authority ") as an additional member and to remove the Successor Agency as a member of the Authority; and WHEREAS, the Industrial Development Authority has been formed pursuant to Ordinance No. 82 -4 adopted by the City Council of the City on February 1, 1982; and RESOLUTION NO. IDA 2013 -01 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Board of Directors of the Industrial Development Authority of the City of Gilroy as follows: Section 1. Amendment of Joint Exercise of Powers Agreement. The Board hereby approves the amendment of the Joint Powers Agreement pursuant to that certain First Amendment to Joint Powers Agreement among the City, the Successor Agency and the Industrial Development Authority in the form on file with the Secretary of the Authority. The Chair of the Industrial Development Authority is hereby authorized and directed to execute, and the Secretary is hereby authorized and directed to attest, the First Amendment to Joint Powers Agreement in the name and on behalf of the Industrial Development Authority. Section 2. Effective Date. This resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED at a special meeting of the Board of Directors of the Industrial Development Authority of the City of Gilroy on this 1 St day of July, 2013 by the following roll call vote: AYES: BOARDMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE APPROVED: D ald Gage, Chair ATTEST: Freels, I, SHAWNA FREELS, Secretary of the Gilroy Industrial Development Authority, do hereby certify that the attached Resolution No. IDA 2013 -01 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Authority Board at a special meeting of said Board held on the 1st day of July, 2013, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 2 °d day of July, 2013. Secretary of the Gilroy Industrial Development Authority (Seal)