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HomeMy WebLinkAbout2023-03-16 - Resolution No. 2023-04RESOLUTION NO. 2023-04 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AUTHORIZING YORBA LINDA WATER DISTRICT (THE "PUBLIC AGENCY") TO JOIN WITH OTHER PUBLIC AGENCIES AS A PARTICIPANT OF THE CALIFORNIA ASSET MANAGEMENT TRUST AND TO INVEST IN SHARES OF THE TRUST AND IN INDIVIDUAL PORTFOLIOS WHEREAS, Section 6509.7 of Title 1, Division 7, Cliapter 5 of ftie Government Code of fine State of California (tlie "Joint Exercise of Powers Act") provides ttiot, it authorized by their legislative or other governing bodies, two or more public agencies that have the authority to invest funds in their treasuries may, by agreement, jointly exercise that common power; WHEREAS, under Sections 6500 and 6509.7(b) of the Joint Exercise of Powers Act, a "public agency" includes, but is not limited to, any California county, county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission, state department or agency, any joint powers authority formed pursuant to the Joint Exercise of Powers Act by public agencies or any nonprofit corporation whose membership is confined to public agencies or public officials; WHEREAS, public agencies that constitute local agencies, as that term is defined in Sections 53600 of Title 5, Division 2, Port 1, Chapter 4, Article 2 of the Government Code of the State of California (the "California Government Code"), ore authorized pursuant to Section 53601 (p), to invest all money belonging to, or in the custody of, a local agency not required for its immediate need in shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 of the California Government Code that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive, of Government Code Section 53601; WHEREAS, the California Asset Management Trust (the "Trust") was established, pursuant to and in accordance with the Joint Exercise of Powers Act, by a Declaration of Trust, made as of December 15, 1989, as subsequently amended from time to time (the "Declaration of Trust"), as a vehicle tor public agencies to jointly exercise their common power to invest the proceeds of debt issues and Public Agency surplus funds; Resolution No. 2023-04 Joining as Participant ot California Asset Management Trust ot3 WHEREAS, pursuant to and in accordance witli ttie Joint Exercise of Powers Act, tlie Public Agency desires to join the other public agencies which are or will be Participants of the Trust by adopting and executing the Declaration of Trust, a form which is on file in the office of the Treasurer; WHEREAS, the Public Agency is a "public agency" as that term is defined in Sections 6500 and 6509.7(b) of fhe Joinf Exercise of Powers Acf and a "local agency" as fhat ferm is defined in Section 53600 of fhe California Governmenf Code; WHEREAS, fhe Public Agency is otherwise permitted to be a Participant of the Trust and to invest funds in fhe Trust and in the individual portfolios fo be managed by fhe Investment Adviser to the Trust ("Individual Portfolios"); and WHEREAS, a program guide describing the Trust and the Individual Portfolios (fhe "Program Guide") is on file in fhe office of the Treasurer. NOW, THEREFORE, BE IT RESOLVED by the Board of Direcfors of fhe Yorbo Undo Water District as follows: Section 1. The Public Agency shall join wifh other public agencies pursuant to and in accordance with the Joint Exercise of Powers Acf by executing the Declaration of Trusf and fhereby becoming a Porficiponf in fhe Trusf, which Declaration of Trusf is hereby approved and adopfed. A copy of fhe Declorofion of Trusf, which is available in fhe office of fhe Treasurer shall be filed with the minutes of fhe meeting at which this Resolution was adopted. The Board President is hereby authorized to execute, and the Board Secretary is hereby authorized to attest and deliver, the Declaration of Trust. Section 2. The Public Agency is hereby authorized to purchase shares in the Trust from fime to time with available funds of fhe Public Agency, and fo redeem some or all of fhose shares from fime fo time as such tunds are needed. Section 3. The Public Agency is hereby authorized to invest available funds of the Public Agency from fime fo fime in one or more Individual Porffolios managed by the Investment Adviser to the Trust and described in the Program Guide. Resolution No. 2023-04 Joining os Participant ot California Asset Management Trust 2 Ota Section 4, The appropriate officers, agents and employees of the Public Agency ore hereby authorized and directed in the name and on behalf of the Public Agency to take all actions and to make and execute any and all certificates, requisitions, agreements, notices, consents, warrants and other documents, and any changes, amendments, modifications, or waivers thereto which they, or any of them, might deem necessary or appropriate in order to accomplish the purposes of fhis Resolution. Section 5. This Resolution shall take effect at the earliest date permitted by law. PASSED AND ADOPTED this 16^^^ day of March 2023 by fhe following called vote: AYES: NOES: ABSTAIN: ABSENT: Directors Barbre, DesRoches, Hawkins, Lindsey, and Miller None None None Brett R. Barbre, President Yorba Linda Water District ATTEST: nAAAA/^ Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: ::'T Andrew B. Gagen, Esq. Kidman Gagen Law LLP Resolution No. 2023-04 Joining as Participant ot California Asset Management Trust 3 Ota