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HomeMy WebLinkAboutRES NO 24-97RESOLUTION NO. 2 4 "9 '~ A RESOLUTION GUARANTEEING LEASE PAYMENTS FROM MONIES OTHERWISE PAYABLE TO THE CITY FROM THE MOTOR VEHICLE LICENSE FEE ACCOUNT. WHEREAS, the City Council of the City of Bakersfield is considering the construction of an arena addition to the Convention Center and is further considering financing such construction with certificates of participation through a lease, lease back, arrangement with the Central District Development Agency; and WHEREAS, in the event such financing arrangement is undertaken, the City has been advised by its bond underwriter that electing to participate in the State Motor Vehicle License Fee Intercept Program will improve the credit quality of the proposed public financing and will assist the City of Bakersfield in completing said proposed public financing on the best terms and at the lowest interest cost otherwise permitted by bond market conditions; and WHEREAS, the City Council of the City of Bakersfield has the authority pursuant to Section 37351.5 of the California Government Code, to participate in such Motor Vehicle Licence Fee Intercept Program to guarantee payment of said lease and/or bond payments to be made by the City of Bakersfield with regard to the construction of the arena addition to the Convention Center in the manner, from the source, and to the extent authorized by said Section 37351.5. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: SECTION 1. Pursuant to the authority of Section 37351.5 of the California Government Code, the City hereby elects to guarantee payment under any lease agreement or other obligation associated with the issuance of certain Certificates of Participation for the construction of an arena addition to the Convention Center from monies credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund to which the City is -- Page 1 of 3 Pages entitled under Chapter 5 (commencing with Section 11001 ) of Part 5 of Division 2 of the California Revenue and Taxation Code. The Mayor, the City Manager, or the Finance Director shall, prior to execution of such lease agreement or other financing agreement, provide notice to the State Controller of such election, which notice shall include copies of all relevant financing documents together with the resolution approving the form of financing and the execution of such financing documents and a schedule of payments to be made by City under the lease agreement and shall identify the Trustee as the trustee selected by the City for the purposes of such Section. In the event that, for any reason, the funds otherwise available to the City will not be sufficient to make any payment under the lease agreement, or other financing agreement, the Mayor, the City Manager or the Finance Director shall so notify the Trustee which shall immediately communicate that information to the State Controller and to the owners of the Certificates of Participation. SECTION 2. Any action authorized or permitted to be taken hereunder by the City Manager may be taken by any designee in the absence or incapacity of the City Manager. Any action authorized or permitted to be taken hereunder by the City Clerk may be taken by the City Clerk's designee in the absence or incapacity of the City Clerk. SECTION 3. This Resolution shall take effect immediately upon its passage. Page 2 of 3 Pages -- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on FEB ! 9 1997 1997, by the following vote: AYES: COUi'~CILMEM~ER DeMOND, CARSON, SMITH, McDERMOTT, t~&~S, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: GOUNGILMEMBER CITY CLERK and EX OFFiCIO/of the Council of the City of Bakersfield FEB 1 9 *~17 APPROVED: BOBSPRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITYATTORNEY '~_/ALAN I~NIED----~ Assistant City Attorney City of Bakersfield ADD:dlr\ff S:~COUNClL~RES~VIVLF.RES --February 13, 1997 -- Page 3 of 3 Pages -- NOTICE OF ELECTION TO PLEDGE MOTOR VEHICLE LICENSE FEE AS SECURITY FOR BONDS OR CERTIFICATE OF PARTICIPATION. The Certificates of Participation for constructing the multiple use arena adjacent to the Convention Center in Downtown Bakersfield: Attached is a certified copy of the Resolution adopted by the City Council for the City of Bakersfield electing to guarantee payment of Certificates of Participation, issued to finance the construction of the arena addition to the Convention Center in accordance with Section 37351.5 of the Government Code. This Notice will be supplemented within ten (10) calendar days after entering into any such agreement to finance or complete the bond sale in order to provide the State Controller with the following information: Schedule of Payments Name and Address of Trustee Sin a~t u re~J~A LA N i/~"~'DY~~ Date City Manager Title (805) 326-3751 Telephone Number RETURN TO: State Controller Division of Accounting Financial Reports and Apportionments P.O. Box 942850 Sacramento, CA 94250-5875 ADD:direr S:~ARENA~ARENA.PRO~AGRS'~IVLF.NOT