Santa Clara Municipal Code Art. II Sports and Open Space Authority

There is in the City a public body corporate and politic known as the Sports and Open Space Authority of the City.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-220)

The authority shall not transact any business or exercise any powers unless and until the City Council by resolution declares that there is need for the authority to function in the City.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-221)

The determination that there is need for an authority to function may be made by the City Council on its own motion, or upon the filing of a petition signed by one hundred (100) residents of the City, asserting that there is need for an authority to function in the City and requesting that the City Council so declare.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-222)

In any suit, action, or proceeding by or against or in any manner relating to the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of the resolution by the City Council declaring the need for the authority to function.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-223)

A City shall not transact any business or exercise any powers pursuant to SCCC § 16.20.060 unless and until the City Council declares by resolution that there is need for the City to exercise the powers of a Sports and Open Space Authority.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-224)

Either or both resolutions provided for in this part may be adopted by the City Council. If both resolutions are adopted, they shall clearly specify the areas within the city within which, or the projects over which, the authority and the City, respectively, are to have jurisdiction and control. The division of jurisdiction and control shall be as specified, but may be changed from time to time to such extent as is consistent with obligations to bondholders by action of both the City Council and the authority.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-225)

The authority shall hold meetings at such times as it shall determine. The concurring votes of four members of the authority shall be required for the taking of any action.

(Ord. 1296 § 1, 10-8-1974; Ord. 1578 § 1, 11-10-1987; Formerly § 16-226)

The City Council shall be the Sports and Open Space Authority. The City Council may, at the time of the adoption of a resolution pursuant to SCCC § 16.20.160, declare itself to be the authority, and all the rights, powers, duties, privileges, and immunities vested by this chapter in the authority shall be vested in the City Council as the Sports and Open Space Authority.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-227)

If the City Council has declared itself to be the authority pursuant to SCCC § 16.20.220, each member of the authority shall receive a meeting expense fee for each meeting of the authority attended by the member in the amount per meeting established for attendance of meetings by members of the redevelopment agency of the City pursuant to the Community Redevelopment Law.

(Ord. 1578 § 1, 11-10-1987; Formerly § 16-227.1)

At the time the authority becomes authorized to transact business and exercise its powers, and from time to time thereafter, the City Council, subject to its fiscal law, may make an estimate of the amount of money required for administrative purposes of the authority, and appropriate such amounts to the authority as it deems necessary, subject to such conditions as it prescribes.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-228)

Annually, the authority shall prepare a detailed report of all its transactions, including a statement of all revenues and expenditures.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-229)

At least once annually the authority shall publish a statement of all its financial affairs, audited by independent certified public accountants. The statement shall be published in a newspaper of general circulation, published in the City, or if none is so published then in such newspaper of general circulation as the authority may deem most likely to give notice to the residents of the City.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-230)

If within four years after the adoption of a resolution declaring the need for an authority to function in a City, the authority has not acquired or entered into possession of land for a sports or open space facility, issued bonds, or entered into any contract for the acquisition, construction, or operation of such a facility, the City Council by resolution may declare that there is no need for the authority to function in the City. Upon the adoption of such resolution, the offices of the members of the authority become vacant and the capacity of the authority to transact business or exercise any power is suspended until the City Council again adopts a resolution declaring the need for the authority to function.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-231)

Upon the termination of any such suspension by the adoption of such resolution declaring the need for the authority to function, proceedings for the organization and activation of the authority shall be had and taken as if such resolution were the original resolution declaring need for a Sports and Open Space Authority to function provided for by SCCC § 16.20.160.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-232)

After adoption of a resolution declaring there is no need for an authority to function, and while it is in effect, the City Council may wind up the affairs of the authority and has title to all property of the authority for such purpose and for the benefit of the City.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-233)

At any time after the activation of the authority, the City Council by a two-thirds vote may adopt a resolution transferring the property of the authority to the City, and the City may, through such department, board, officer, or agency, as it determines, exercise its powers in regard to such property by virtue of the Constitution, its Charter, this chapter or any general law. No such transfer shall be made in contravention of any covenant or agreement made with the holders of bonds of the authority issued and outstanding.

(Ord. 1296 § 1, 10-8-1974; Formerly § 16-234)

The City Council may order the dissolution of the authority if the authority has no outstanding bonded indebtedness, and if the unanimous written consent of the members of the authority is first obtained.

(Ord. 1301 § 1, 11-19-1974; Formerly § 16-235)