Section 91520 Of Article 2. Industrial Development Authorities From California Government Code >> Title 10. >> Chapter 1. >> Article 2.
91520
. (a) There is in each public agency a public, corporate
instrumentality of the State of California, known as the industrial
development authority of the public agency. Each public agency is
authorized to utilize that authority in the issuance of revenue bonds
in the accomplishment of the public purposes as provided in Section
91502. The purposes provided in Section 91502 shall be deemed to
constitute public purposes of the public agency, and the exercise by
each authority of the powers conferred by this title, including the
power to issue revenue bonds, shall be deemed to be the performance
of an essential governmental function of the public agency; provided,
however, that exercise of the powers conferred by this title in the
achievement of the purposes provided in Section 91502 shall be
subject to the provisions of, and exclusively as provided in, this
article.
(b) An authority shall not transact any business or exercise any
powers under this article unless, by ordinance, or, in the case of a
redevelopment agency, by resolution, the governing body declares that
there is a need for the authority and that the authority shall
function. The ordinance shall be subject to referendum in the manner
prescribed by law for ordinances of the public agency. With respect
to a redevelopment agency, the resolution provided for herein shall
be subject to referendum in the manner prescribed by law for
ordinances of the community in which the agency is located.
(c) An authority shall conclusively be deemed to have been
established and authorized to transact business and exercise its
powers upon proof of the adoption of such an ordinance or resolution.
(d) Notwithstanding any other provision contained in this article,
a public agency shall have the power to transact any business or
exercise any powers of an authority conferred by this title without
having to establish an authority. However, a public agency may, at
its option, establish an authority pursuant to the provisions of this
article to exercise any powers conferred by this article. In the
event that a public agency acts as an industrial development
authority, any reference to authority and board contained in this
title shall mean public agency and governing body, respectively.