1965-199RESOLUTION NO. 65R- 199
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING JOINT EXERCISE
OF POWERS AGREEMENT WITH THE ANAHEIM
UNION HIGH SCHOOL DISTRICT CREATING A
COMMUNITY CENTER AUTHORITY, AND AUTHORIZING
THE EXECUTION THEREOF.
WHEREAS, the City Council of the City of Anaheim
has determined that the construction, maintenance and operation
of an auditorium and exhibition building for holding sporting
events, athletic contests, exhibitions, community recreation,
and for public meetings would be for the benefit and in the
best interests of the City of Anaheim and the citizens thereof;
and
WHEREAS, such facility is useable for the purposes
of the Anaheim Union High School District, a public corporation
and public district of the State of California; and
WHEREAS, the City Council, after due deliberation,
does hereby determine that the construction, maintenance and
operation of such facility under a Joint Exercise of Powers
Agreement with the Anaheim Union High School District will
avoid a duplication of similar facilities by the City and
Anaheim Union High School District and will provide for a
joint use of the single facility and thereby provide for a
savings to the taxpayers of the City of Anaheim and the
Anaheim Union High School District; and
WHEREAS, the City and the District are each empowered
by law to acquire sites for, and to construct, maintain, operate
and lease buildings, auditoriums or other exhibition buildings
for educational and public purposes, and including buildings
for holding sporting events, athletic contests, exhibitions,
for community recreation, and for public meetings; and
WHEREAS, the City and the District are of the opinion
that there should be constructed within the City and the District
facilities for the foregoing purposes; and
WHEREAS, said facilities will serve and be of benefit
to the inhabitants of the City and to the students of the
District;
NOW, THEREFORE, BE IT RESOLVED By the City Council of
the City of Anaheim that the agreement for the Joint Exercise
of Powers between the City of Anaheim and the Anaheim Union
High School District, dated as of March 1, 1965, and attached
hereto, be and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor and the City
Clerk of the City of Anaheim be, and they are hereby authorized
and instructed to sign said agreement for and on behalf of the
City of Anaheim.
-1-
me this
ATTEST:
(SEAL)
THE FOREGOING RESOLUTION is approved and signed by
16th day of March 1965
r
CLERk OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE Mo WILLIAMS, City Clerk of the City of
An= -heim, do hereby certify that the foregoing resolution was
passed and adopted t a
regular meeting of
the City Council held on the 16th day of March
1965 by the following vote of the members thereof:
AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
AND 1 FURTHER CERTIFY th•:t the Mayor of the City of
Anheim nd signed said resolution on the 16th d
of March 19 65
IN WITNESS WHEREOF, I hv; ve hereunto
affixed the so1 of the City of Anaheim this
March 1965
set my hand and
16th day of
y
'.' [ACD-1]
3/10/65
JOINT EXERCISE OF POWERS AGREEMENT
COMMUNITY CENTER AUTHORITY
[City of Anaheim and Anaheim Union High School District]
THIS AGREEMENT, dated for convenience as of Riarch i,
1965, by and between the CITY OF ANAHEIM, a municipal corpora-
tion duly organized and existing under the laws of the State of
California (hereinafter called the "City"), party of the first
part, and ANAHEIM UNION HIGH SCHOOL DISTRICT, a public corpora-
tion and public district of the State of California (hereinafter
called the."Dlstrlct"), party of the second part;
W I TNE S SETH :
WHEREAS, ~;he City and the District are each empowered
by law to acquire sites for, and to construct, maintain, operate
and lease buildings, auditoriums or other exhibition build-
ings for educational and public purposes, and including
buildings for holdi~ng sporting events, athletic contests:
exhibitions, for ¢o~mmunity recreation, and for public meetings;
and
WHEREAS, the City and the District are of the opinion
that there should be constructed within the City and the Dis-
trict facilities for the foregoing purposes; and
WHEREAS, said facilities will serve and be of benefit
to the inhabitants of the City and to the students of the Dis-
trict;
NOW, THEREFORE, the City and the District, for and
in consideration of the mutual promises and agreements herein
contained, and for other ~ood and valuable and adequate con-
sideration, do agree as follows:
SECTIOI~ I. PURPOSE. This agreement is made pur-
suant to the provisions of Article 1, Cha~ter 5, Division 7,
Title 1, of the Government Code of the State of '~ ~
~a~fornia
(commencing with Section 6500) relating to the joint exercise
of powers common to the City and the District. The City and
the District, pursuant to the laws of the State of California,
are each empowered to acquire, construct, maintain, operate and
lease the facilities set forth in the recitals hereof. Such
purposes will be accomplished and said cordon power exercised
in the manner hereinafter set forth.
SECTION 2. CREATIOM OF AUTHORITY. Pursuant to Sec-
tion 6506~ there is hereby created an agency or public entity
separate from the parties hereto, to be known as "Community
Center Authority" (hereinafter called the "Authority"), and
said Authority shall be a public entity separate and apart
from the City and the District.
SECTION 3. TERM. This agreement shall become
effective as of the date hereof and shall continue in full
force and effec~ for a oeriod of forty (~0) years ~from the
~.~te hereof or until ~uch t~me a~ nll revenue bonds herein
provided for and issued pursuant hereto and the interest
thereon shall have been paid in full or adeGuate provision
for such payment shall have been made; provided, however, that
this agreement shall terminate on March l, 1967, in the event
no revenue bonds shall have been issued on or before said date.
SECTION ~. GOVERNING BOARD. The Authority shall be
administered by a governing board of five members, each serving
in their individual capacities as members of the governing board.
The governing board shall be appointed by the City Council of
the City subject to the approval of the governing body of the
District. Each member of the governing board shall serve at
the pleasure of the City and the District, provided that the
term of office of any member of the governing board may be ter-
minated at ~any time by motion of a majority of either the City
Council or the Board of Trustees of the District in which event
his successor in office shall be appointed as above provided
for the appointment of the initial governing board of the
Authority.
SECTION 5. POWERS. The Authority shall have power
to acquire, construct, maintain, operate and lease an auditorium
and exhibition building for holding fairs or exhibitions for
the display of agrlcultura!~ livestock: industrial or other pro-
ducts; for holding sports events, athletic contests, contests
of skill, exhibitions, spectacles, and community recreation and
other public meetings including literary, scientific, recreation-
al or educational meetings or for the discussion of matters of
general or public interest (hereinafter called the ~'Community
Center Facility"). The Authority is hereby authorized, in its
own name, to do all acts necessary for the exercise of said com-
mon power for said purpose, including but not limited to any
or all of the following: to make and enter into contracts; to
employ agents and employees; to acquire, construct, manage,
maintain and operate any buildings, works or improvements; to
acquire, hold or dispose of property; to lease all or any Dart
of said facility to carry out said public purposes, to incur debts,
liabilities or obligations which do not constitute a debt, lia-
bility or obligation of the City or the District, and to sue and
be sued in its own name. Such power shall be exercised in the
manner provided in Section 6509 of the Government Code of the
State of California, subject only to such restrictions upon the
manner of exercising such powers as are imposed upon the City
in the exercise of similar powers.
SECTION 6. TERMINATION OF POWERS. The Authority
shall continue to exercise the joint powers herein conferred
upon it until the termination of this agreement or until the
City and the District shall have mutually rescinded this
agreement, but in no event shall the exercise of the joint
powers herein granted be terminated until all revenue bonds
herein authorized and issued and the interest thereon shall
have been paid or adequate provision for such payment shall
have been made.
SECTION 7. MEETINGS OF GOVERNING BOARD.
(a) Resular Meetings.. The governing board of the
Authority shall hold at least two regular meetings each year.
The date upon which, and the hour and place at which, each
such regular meeting shall be held shall be fixed by resolu-
tion of the board.
(b) Special Meetinss. Special meetings of the
governing board of the Authority may be called in accordance
with the provisions of Section 54956 o£ the Government Code
of the State of California.
(c) Le~a! Notice. All meetings of the governing
board of the Authority shall be held subject to the provisions
of the laws of the State of California requiring notice of
meetings of oublic bodies to be given in the manner in such
laws provided.
(d) Minutes. The Secretary of the Authority shall
cause to be kept minutes of the meetings of the governing board,
both regular and special, and shall, as soon as possible
after each meeting, cause a copy of the minutes to be for-
warded to each member of the governing board and to the
City and to the District.
(e) Quorum. A majority of the governing board of
the Authority shall constitute a quorum for the transaction
of business, except that less than a quorum may adjourn from
time to time.
SECTION 8. OFFICERS. The governing board of the
Authority shall elect a president from among its members and
shall appoint a secretary who may, but need not, be a member
of the governing board. The treasurer of the Authority shall
be the duly selected and acting treasurer of the City. The
governing board shall have the power to appoint such other
officers and employees as it may deem necessary.
SECTION 9. FISCAL YEAR. For the purposes of this
agreement, the term "fiscal year" shall mean the fiscal year
as established from time to time by the City, being at the
date of this agreement the period from July i to and including
the following June 30.
SECTION 10. DISPOSITION OF ASSETS. At the end of
the term hereof or upon the earlier termination of this agree-
ment, all assets of the Authority, including all property
acquired as a result of the Joint exercise of powers under
this agreement, shall be distributed to the City and shall
thereafter remain the sole property of the City.
SECTION ll. ACQUISITION OF LAND OR INTEREST THEREZN.
The City shall acquire land or an interest therein (herein-
after called the "Demised Premises") adequate for the purposes
of the Authority. The nature, extent, location, description
and acreage of the Demised Premises to be acquired shall be
mutually agreed upon between the City and the Authority. To
that end the City shall conduct any and all condemnation
suits necessary or proper to enable the City to acquire the
Demised Premises. The City agrees that upon the acquisition
of the Demised Premises, the City shall lease the Demised
Premises to the Authority for a term of forty (L0) years at
a lump-sum rental to be mutually agreed upon~ such rental to
be payable in advance on the due execution and delivery of
such lease.
SECTION 12. PLANS AND SPECIFICATIONS. The City
has employed Adrian Wilson & Associates as architects and said
firm is approved by the Authority. Such architects will pre-
pare plans and specifications for the construction of the
Community Center Facility. When said plans and specifications
have been completed and approved by the City and the Author-
ity, the City shall transfer all of its right, title and in-
terest therein and thereto to the Authority. The Authority
shall not authorize or permit any change or modification in
the plans and specifications without the prior written approval
of the City. The Authority shall, when it has funds available
therefor, reimburse the City for all costs and expenses in-
curred in connection with the preparation of said plans and
specifications.
SECTION 13. CONSTRUCTION OF FACILITIES. The Auth-
ority shall construct the Community Center Facility pursuant
to construction contracts to be awarded at competitive bids.
Such construction contracts shall be let to bid in substanti-
ally the same manner and upon the same conditions as construc-
tion contracts are awarded by the City.
SECTION 14. REVENUE BONDS. The Authority shall have
power to issue revenue-bonds in accordance with the provisions
of Article 2, Chapter 5, Division 7, Title l, of the Government
Code of the State of California (commencing with Section 6540)
for the purpose of exercising its powers and raising funds
necessary to carry out its obligations under this agreement.
SECTION 15. LEASE AND OPERATION BY THE CITY. The
Authority established hereunder will lease to the City all the
Demised Premises, together with all improvements to be construc-
ted by the Authority thereon, including said Community Center
Facility, and the City shall pay an annual rental in an amount
mutually agreed upon. The City shall operate and maintain, at
its own cost and expense, the Community Center Facility to be
constructed on the land for the benefit of the City aud the
District and the inhabitants of the City and the students of
the District.
SECTION 16. RIGHTS 0F THE DISTRICT. The District
shall have the right from time to time to make use of the
Community Center Facility for the instruction of students of
the District, for school exhibitions, for athletic contests in
which students of the District may be engaged, and for all
other purposes incident to the carrying out of the purposes,
powers and obligations of the District to its students and to
the public, including the furtherance of community recrea-
tion and adult education, and to provide literary, scientific,
recreational or educational meetings and meetings for the
discussion of matters of general or public interest. The
District shall be responsible for the maintenance of orderly
conduct by the students in attendance at such functions and
will provide adequate supervision of all District activities
in the Community Center Facility, but nothing herein contained
shall impose any financial responsibility or legal liability
on the part of the District for any damage, injury or de-
struction to the Community Center Facility, whether caused by
students of the District or others. The District shall have the
right to conduct classes in adult and student education and to
that end to make use of the Community Center Facility for indus-
trial, agricultural and livestock exhibits and for artistic
displays and exhibitions of paintings, drawings, models or
other educational purposes, including community recreation and
work in the fields of music, drama, art, handicraft, science
and literature. The City agrees to grant to the District, so
far as practicable, prior rights to the use of the Community
Center Facility, subject only to such contractual engagements
as may be entered into by the City with respect to the use of
the Community Center Facility. The City agrees that it will
not enter into any such contractual arrangements for the ex-
clusive use of the Community Center Facility, or other arrange-
ments, which will substantially impair the reasonable use and
enjoyment thereof by the District.
SECTION 17. OBLIGATIONS OF D.~STRI. CT. The District
agrees, throughout the term of this Agreement, to pay $1,000
per year to the Authority for expenses and obligations which
Authority may incur. Such $1,000 will be a limit to the
liability and responsibility of District for all expenses
and obligations incurred by Authority. In the event any use
of the Community Center Facility by the District involves the
incurring of expense by the City, District shall not be entitled
to such use of the Community Center Facility until arrangements
mutually satisfactory to the City and the District shall have
been made for payment of such expense. The term "expense" as
used herein shall include only out-of-pocket costs of the City
attributable to such use by the District, including supplies,
utilities and salaries of employees necessitated by such use,
but excluding expense properly chargeable to ordinary mainte-
nance and operation, depreciation, amortization or debt service
charges.
SECTION 18. INCOME. All income received by the City
from the use and operation by the City of the Community Center
Facility shall be paid to and retained by the City.
SECTION 19. ACCOUNTS AND REPORTS. The Authority
shall establish and maintain such funds and accounts as may be
required by good accounting practice or by any provision of the
resolution or indenture of the Authority securing its revenue
bonds. The books and records of the Authority shall be open to
inspection at all reasonable times by representatives of the
City and the District. The Authority, within 120 days after
the close of each fiscal year, shall give a complete written re-
port of all financial activities for such fiscal year to the
City and to the District.
The City shall maintain appropriate accounts showing
all income and revenues received and all expenses incurred by
the City in connection with the operation of the Authority and
such books and records shall be open to the inspection by
representatives of the Authority and the District.
SECTION 20. SEVERABILITY. Should any part, term,
or provision of this agreement be by the courts decided to be
illegal or in conflict with any law of the State of California,
or otherwise be rendered unenforceable or ineffectual, the
validity of the remaining portions or provisions shall not be
affected thereby.
SECTION 21. SUqCESSqRS. This agreement shall be
binding upon and shall inure to the benefit of the successors
of the parties.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed and attested by their proper
officers thereunto duly authorized, and their official seals to
be hereto affixed, as of the day and year first above written.
ATTEST:
City Clerk
CITY OF ANAHEIM
ATTEST:
Clerk
ANAHE~ UNION HIGH SCBOOL DISTRICT
Pre?ldent of Board of Trustees
APPgOV[D AS YO ~()R~
ORANGE GO'J~[Y, 0~'~: ~
~"~' ' ............... ~eputy
10
1.01
CERTIFICATE AS TO
JOINT EXERCISE OF POWERS AGREEMENT
Each of the undersigned, William H. Currier, Secretary of
the Community Center Authority (the "Authority"), JoAnn Barnett,
Clerk to the Board of Trustees of Anaheim Union High School District
(the "District"), and Linda D. Roberts, City Clerk of the City of
Anaheim, California [the "City"), acting solely in his official, and
not his personal, capacity, HEREBY CERTIFIES THAT, attached Agreement
entered into as of March 1, 1965, by the City and the District
pursuant to Articles 1 and 2 of Chapter 5 of Division 7 of Title 1
of the Governmental Code of the State of California, as amended and
supplemented, as such Agreement has been amended as of June 1, 1965,
and as of June 1, 1972; that said Agreement, together with each said
amendment, is this date in full force and effect; and that (except
for said amendments) said Agreement has not been modified or amended
in any respect.
IN WITNESS WHEREOF, we have hereunto set our hands and
affixed the seals of the Authority, the District and the City this
5th day ,Df November, 1980.
(Seal)
Community Center Authority
(Seal
~heim Union High Sschool
District
(Seal)
} City Clerk
City of Anaheim