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Resolution No. GPFFA 2023-01 | Specifying When GPFFA Regular Meetings Not Be Held | Adopted 02/27/2023RESOLUTION NO. GPFFA 2023-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE GILROY PUBLIC FACILITIES FINANCING AUTHORITY SPECIFYING CIRCUMSTANCES UNDER WHICH REGULAR MEETINGS WILL NOT BE HELD WHEREAS, the Gilroy Public Facilities Financing Authority (“Authority”) was established by the City of Gilroy (“City”) and the Community Development Agency of the City of Gilroy on March 21, 1994, pursuant to a joint powers agreement entitled “Joint Exercise of Powers Agreement Gilroy Public Facilities Financing Authority” (as amended, the “Agreement”) for the purpose, among others, of providing for the financing and refinancing of public capital improvements for the City; and WHEREAS, the Agreement was amended by the “First Amendment to Joint Powers Agreement” on July 1, 2013, to replace the Community Development Agency of the City of Gilroy with the Industrial Development Authority of the City of Gilroy as a party to the Agreement; and WHEREAS, Section 2.04 of the Agreement states that the Board of Directors (“Board”) of the Authority shall provide for its regular meetings and shall hold at least one regular meeting each year and fix the date, hour, and place of the regular meetings by resolution; and WHEREAS, Section 2.04 of the Agreement also states that all meetings of the Board of the Authority shall be called, noticed, held, and conducted in accordance with the provisions of Sections 54950 et seq. of the Government Code of the State; and WHEREAS, Government Code Section 6592.1 provides that the Authority may adopt a resolution authorizing bonds or any issuance of bonds or accepting the benefit of any bonds or the proceeds of bonds only during a regular meeting of the Authority held pursuant to Government Code Section 54954; and WHEREAS, the Authority established regular meeting dates in accordance with the provisions of Government Code Section 54954 by passing Resolution No. PFFA 2019-01 on October 7, 2019 which resolved that the Authority would hold its regular meetings on the same date and time as the regular meetings of the Gilroy City Council; and WHEREAS, Resolution No. PFFA 2019-01 also authorized the Chair and officers of the Authority to take whatever actions are required by law to cancel regularly scheduled meetings if the Secretary determines that there is not business of the Authority to be conducted at a regular meeting; and WHEREAS, the Board desires to set forth circumstances under which a regular meeting will not be held. Resolution No. GPFFA 2023-01 Specifying When GPFFA Regular Meetings Not to Be Held Gilroy Public Facilities Financing Authority Regular Meeting | February 27, 2023 Page 1 of 1 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE GILROY PUBLIC FACILITIES FINANCING AUTHORITY AS FOLLOWS: SECTION 1. Recitals. Each of the foregoing recitals is true and correct. SECTION 2. Circumstances Under Which Meetings Will Not be Held. If the Secretary does not post an agenda for a regular meeting pursuant to Government Code Section 54950 et seq. (“Brown Act”), then such failure to post shall be deemed to be a determination by the Chair and officers of the Authority that no items required discussion and, therefore, that the regular meeting is cancelled, except as otherwise provided in the Brown Act. SECTION 3. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED and ADOPTED this 27th day of February 2023 by the following roll call vote: AYES: BOARD MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON, MARQUES, TOVAR, BLANKLEY NOES: BOARD MEMBERS: NONE ABSTAIN: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE APPROVED: Marie Blankley, Chair ATTEST: _______________________ Thai Nam Pham, Secretary Marie Blankley (Mar 1, 2023 10:17 PST) Marie Blankley CERTIFICATE OF THE SECRETARY I, THAI NAM PHAM, Secretary of Gilroy Public Finance Facilities Authority, do hereby certify that the attached Resolution No. GPFFA 2023-01 is an original resolution, or true and correct copy of a authority Resolution, duly adopted by the Gilroy Public Finance Facilities Authority at a Regular Meeting of said held on Monday, February 27, 2023, 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 Monday, February 27, 2023. ____________________________________ Thai Nam Pham, Secretary (Seal)