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RESOLUTION NO. 18-994 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, <br /> CALIFORNIA, APPROVING ASSOCIATE MEMBERSHIP IN THE CALIFORNIA <br /> ENTERPRISE DEVELOPMENT AUTHORITY; AUTHORIZING AND DIRECTING THE <br /> EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT, RELATING TO <br /> ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY; AUTHORIZING THE <br /> CITY TO JOIN THE FIGTREE PACE PROGRAM; AUTHORIZING THE CALIFORNIA <br /> ENTERPRISE DEVELOPMENT AUTHORITY TO CONDUCT CONTRACTUAL <br /> ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS <br /> WITHIN THE TERRITORY OF THE CITY OF PLEASANTON; AND AUTHORIZING <br /> RELATED ACTIONS <br /> WHEREAS, the City of Pleasanton, California (the "City"), a municipal corporation, duly <br /> organized and existing under the Constitution and the laws of the State of California; and <br /> WHEREAS, the City, upon authorization of the City Council, may pursuant to Chapter 5 <br /> of Division 7 of Title 1 of the Government Code of the State of California, commencing with <br /> Section 6500 (the "JPA Law") enter into a joint exercise of powers agreement with one or more <br /> other public agencies pursuant to which such contracting parties may jointly exercise any power <br /> common to them; and <br /> WHEREAS, the City and other public agencies wish to jointly participate in economic <br /> development financing programs for the benefit of businesses and nonprofit entities within their <br /> jurisdictions offered by membership in the California Enterprise Development Authority (the <br /> "CEDA") pursuant to an associate membership agreement and Joint Exercise•of Powers <br /> Agreement Relating to the California Enterprise Development Authority (the "Agreement"); and <br /> WHEREAS, under the JPA Law and the Agreement, CEDA is a public entity separate <br /> and apart from the parties to the Agreement and the debts, liabilities and obligations of CEDA <br /> will not be the debts, liabilities or obligations of the City or the other members of the Authority; <br /> and <br /> WHEREAS, the form of Associate Membership Agreement (the "Associate Membership <br /> Agreement") between the City and CEDA is attached; and <br /> WHEREAS, the City is willing to become an Associate Member of CEDA subject to the <br /> provisions of the Associate Membership Agreement. <br /> WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy (PACE).and <br /> Job Creation Program (the "Program" or "Figtree PACE"), to allow the financing of certain <br /> renewable energy, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, <br /> and water efficiency improvements, (the "Improvements") through the levy of contractual <br /> assessments pursuant to Chapter 29 of Division 7 of the Streets.& Highways Code ("Chapter <br /> 29"), and the issuance of improvement bonds or other evidences of indebtedness (the "Bonds") <br /> under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) <br /> (the "1915 Act") upon the security of the unpaid contractual assessments; and <br /> WHEREAS, Chapter 29 provides that assessments may be levied under its provisions <br /> only with the free and willing consent of the owner of each lot or parcel on which an assessment <br /> any personal liability or accountability by reason of <br /> the issuance of any Bonds. <br />n connection with the Authority PACE Program. <br /> NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br /> PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: <br />nd collection of special taxes or any required remedial action in the case of <br /> delinquencies in the payment of any special taxes in connection with the District. <br />