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HomeMy WebLinkAboutRES NO 197-93RESOLUTION NO. ~ 9 ~ - 9 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVINO THE FORMS OF AND AUTHORIZING EXECUTION OF AN INSTALLMENT PURcHaSE AGREEMENT AND A SITE LEASE AND AUTHORISING NECESSARY ACTIONS IN CONNECTION WITH THE 1993 BRIDGE/ROAD IMPROVEMENT PROJECT RESOLVED BY THE CITY COUNCIL (the "Council,,) OF THE CITY OF BAKERSFIELD (the "City") as follows: WHEREAS, the City desires to make modifications, improvement and additions to certain bridges and roads within the City (the "Project,,); and WHEREAS, the Bakersfield Public Financing Authority (the "Authority,,) is a joint exercise of powers agency duly organized and validly existing under the laws of the State of California and pursuant to a Joint Exercise of Powers Agreement by and between the City and the Bakersfield Central District Development Agency for the purpose of supplying a means for financing public improvements like the Project; and WHEREAS, the Authority proposes to construct the Project and sell the improvements to the City through an installment purchase agreement; and WHEREAS, in connection therewith, it is in the public interest and for the public benefit that the City authorize and direct execution of a sit~ lease, an installment-purchase a reeme and certain other financing documents in connection therewith. nt NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: 1. All of the recitals herein contained are true and correct and the Council so finds. 2. The form of the documents identified below and on file with the City Clerk are hereby approved, and the Mayor, City Manager, Finance Director and City Clerk, or such other City officials as may be designated on the documents, are hereby authorized and directed to execute and deliver said documents, with such changes, insertions and omissions as may be approved~by such officials upon recommendation of Bond Counsel. ~ 3. The documents referenced in Section 2 follows: are as (a) A Site Lease by which the City shall lease to the Authority the Facilities for a one time lease payment in an amount not to exceed $1.00. (b) An Installment-Purchase Agreement by which the City shall purchase the Project from the Authority. The term of the Agreement shall not exceed 30 years and the aggregate principal amount to be paid under the Agreement shall not exceed $10,250,000 with annual interest rate not to exceed 12 percent. 4. The Mayor, City Manager, Finance Director, City Clerk and other designated officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this resolution and the financing herein authorized. -2- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on the 15th day of December 1993, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: M~EI~, ~WARDS, DE~,SMI~, BRUNNI, ROWLES, S~VA~IO NO~ ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED..this !5th day of December, May°r oI e~f Bakersfield 1993: APPROVED AS TO FORM: icnard H. Hargro~e, Bond Counsel i~yTERS IGNED: ~ersfie~ -3-