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HomeMy WebLinkAboutRES NO 100-99100-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING THE MAYOR TO EXECUTE A PROMISSORY NOTE FOR LOAN OF $2,100,000.00 FROM CITY'S EQUIPMENT MANAGEMENT FUND TO CITY'S STATE GAS TAX FUND. WHEREAS, annually the City of Bakersfield receives $3.5 million in gas tax monies from the State of California; and WHEREAS, this gas tax money is placed in the City's State Gas Tax Fund and is used exclusively to repair, repave, maintain and construct roads in the City of Bakersfield; and WHEREAS, in 1998, the weather conditions were such that the City's streets suffered more damage than had previously been anticipated; and WHEREAS, it is more fiscally prudent to repair the streets now than to defer the repair until the future; and WHEREAS, currently, the State Gas Tax Fund does not have adequate funds to accomplish the repair work that is needed to prevent the damage from getting any worse; and WHEREAS, the City's Equipment Management Fund currently contains a fund balance which would enable a loan to be made without impacting the City's equipment maintenance and replacement; and WHEREAS, the loan would be for a period of five (5) years, would accrue interest at the rate of six percent (6%) per year and would be repaid in $500,000.00 annual installments commencing July 15, 2000 and continuing thereafter until the entire amount, with interest, has been repaid to the Equipment Management Fund; and WHEREAS, currently, a portion of the City's State Gas Tax allotment is pledged to secured repayment of bond indebtedness, the annual allotment is such that the loan repayment would not be affected. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals are true and correct; -- Page 1 of 2 Pages -- The Mayor is authorized to execute the Promissory Note evidencing a loan from the City's Equipment Management Fund to the City's State Gas Tax Fund. Such Promissory Note is attached hereto as Exhibit "A". 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 JUN 8 0 19~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CAI~,~;(3N ~MOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COU NCiLMEMBER_N'__~i~J E. COUNCILMEEMBER I,,JO N ~-- COUNCILMEEMBER N~3 N ~_ of the APPROVED JUN 3 0 199'9 MAYOR of Bakersfield APPROVED as to form: BART J. THILTGEN City Attorney JANICE SCANLAN Deputy City Attorney s:~council~resos~gastax.wpd -- Page 2 of 2 Pages -- EXHIBIT "A" PROMISSORY NOTE (With Interest) (Date) 1. PARTIES "Borrower" means City of Bakersfield's State Gas Tax Fund. "Lender" means City of Bakersfield's Equipment Management Fund. 2. BORROWER'S PROMISE TO PAY In return for a loan received from Lender, Borrower promises to pay the sum of TWO MILLION ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($2,100,000.00 U. S. ) (this amount is called "principal"), with interest, to the order of the Lender. The term of this loan is five (5) years and this loan matures on July 15, 2004 ("Maturity Date"). 3. INTEREST Interest shall accrue at the rate of six percent (6%) annually on the unpaid principal. 4. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a pledge of the State Gas Tax monies to be received by the City of Bakersfield's State Gas Tax Fund. 5. MANNER OF PAYMENT The Borrower agrees to pay the entire unpaid principal amount loaned hereunder in five payments of $500,000.00 commencing July 15, 2000 and annually thereunder until the entire principal amount and all accrued interest has been repaid. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to make payments of principal at any time. Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. Lender will use all prepayments to reduce the amount of principal that is owed under this Note. If Borrower makes a partial prepayment, there will be no changes in the Maturity Date. 7. OBLIGATIONS OF BORROWER UNDER THIS NOTE The Borrower is fully, obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Borrower 2