HomeMy WebLinkAboutRES NO 120-15RESOLUTION NO. 1 - -� 1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
TERRITORY OF THE CITY IN THE CMFA PACE PROGRAM; AUTHORIZING
THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT
APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL
ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS
WITHIN THE TERRITORY OF THE CITY.
WHEREAS, the California Municipal Finance Authority ( "Authority ") is a joint
exercise of powers authority, the members of which include numerous cities and
counties in the State of California, including the City of Bakersfield ( "City); and
WHEREAS, Authority has established its CMFA PACE Program (the
"Program ") to allow the financing or refinancing of renewable energy, energy
efficiency, water efficiency and seismic strengthening improvements, electric
vehicle charging infrastructure and such other improvements, infrastructure or
other work as may be authorized by law from time to time (collectively, the
"Improvements ") through the levy of contractual assessments pursuant to
Chapter 29 of Division 7 of the Streets & Highways Code ( "Chapter 29 ") within
counties and cities throughout the State of California that consent to the
inclusion of properties within their respective territories in the Program and the
issuance of bonds from time to time; and
WHEREAS, Chapter 29 provides that assessments may be levied under its
provisions only with the free and willing consent of the owner or owners of each
lot or parcel on which an assessment is levied at the time the assessment is
levied; and
WHEREAS, City desires to allow the owners of property ( "Participating
Property Owners") within its territory to participate in the Program and to allow
Authority to conduct assessment proceedings under Chapter 29 within its
territory and to issue bonds to finance or refinance Improvements; and
WHEREAS, the territory within which assessments may be levied for the
Program shall include all of the territory within City's official boundaries; and
WHEREAS, Authority will conduct all assessment proceedings under
Chapter 29 for the Program and issue any bonds issued in connection with the
Program; and
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WHEREAS, City will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the case
of delinquencies in such assessment payments; or the issuance, sale,
administration repayment or guarantee of any bonds issued in connection with
the Program;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
Section 1. This City Council hereby finds and declares that the foregoing
recitals are true and correct.
Section 2. This City Council hereby finds and declares that properties in
City's tenitory will benefit from the availability of the Program within City's
territory and, pursuant thereto, the conduct of special assessment proceedings
by the Authority pursuant to Chapter 29 and the issuance of bonds to finance or
refinance Improvements.
Section 3. In connection with the Program, City hereby consents to the
conduct of special assessment proceedings by the Authority pursuant to
Chapter 29 on any property within the territory of City and the issuance of bonds
to finance or refinance Improvements; provided, that
(1) The Participating Property Owners, who shall be the legal owners of
such property, execute a contract pursuant to Chapter 29 and comply
with other applicable provisions of California law in order to accomplish
the valid levy of assessments; and
(2) City will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the
case of delinquencies in such assessment payments; or the issuance, sale,
administration, repayment or guarantee of any bonds issued in
connection with the Program.
Section 4. City's appropriate officials and staff are hereby authorized
and directed to execute and deliver such certificates, requisitions, agreements
and related documents as are reasonably required by the Authority to
implement the Program.
Section 5. The City Council hereby finds that adoption of this Resolution
is not a "project" under the California Environmental Quality Act, because the
Resolution does not involve any commitment to a specific project which may
result in a potentially significant physical impact on the environment, as
contemplated by Title 14, California Code of Regulations, Section 15378(b) (4)).
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Section 6. The City Clerk is hereby authorized and directed to transmit a
certified copy of this resolution to the Authority at: California Municipal Finance
Authority, 2111 Palomar Airport Road, Suite 320, Carlsbad, California 92011, Attn:
Anthony Stubbs.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of f }he City of Bakersfield at a regular meeting thereof held on
SEP U15 by the following
vote:
A ,/
COUNCIL MEMBER RIV R, MAXWELL WEIR, SMITH, HANSON, SULLIVAN, L PAER
NOES: COUNCIL MEMBER 1VQfA-
ABSTAIN: COUNCIL MEMBER Nam
ABSENT: COUNCIL MEMBER 1-4001111
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of
APPROVED
SEP 16 2611 the Council of the City of Bakersfield
Y
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Aft ney
By
ANDREW HEGL D
Deputy City Attorney
Prcp (TV"Mn
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