Opinion No. (2000)

BILL LOCKYER Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE JAMES C. BRAZELTON, DISTRICT ATTORNEY OF STANISLAUS COUNTY, has requested an opinion on the following questions: 1. May two public entities and a mutual water company enter into a joint powers agreement to form a public financing authority for the purpose of issuing bonds under the Marks-Roos Local Bond Pooling Act of 1985? 2. If so, may the project funded by the bonds be located outside the jurisdiction of either of the two public entities? CONCLUSIONS 1. Two public entities and a mutual water company may enter into a joint powers agreement to form a public financing authority for the purpose of issuing bonds under the Marks-Roos Local Bond Pooling Act of 1985 to finance the construction of projects authorized by the Joint Exercise of Powers Act over which the contracting parties exercise their common power. 2. The project funded by the bonds may be located outside the jurisdiction of either of the two public entities only if specified conditions are met. ANALYSIS We are informed that two cities in Northern California propose entering into a joint powers agreement with a mutual water company…