HomeMy WebLinkAboutRES NO 038-10
RESOLUTION NO. 0 3 8" 1 0
RESOLUTION AUTHORIZING THE CITY OF BAKERSFIELD TO JOIN THE
CALIFORNIAFIRST PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM
PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND
LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF
BAKERSFIELD; AND AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority
("California Communities") 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, California Communities has established the CaliforniaFIRST
program (the "CaliforniaFIRST Program") to allow the financing of certain
renewable energy, energy efficiency and water efficiency improvements (the
"Improvements") through the levy of contractual assessments pursuant to
Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29") and the
issuance of improvement bonds (the "Bonds") under the Improvement Bond Act
of 1915 (Streets and Highways Code Sections 8500 and following) (the "1915
Act") upon the security of the unpaid contractual assessments; and
WHEREAS, Chapter 29 provides that assessments may be levied under its
provisions only with the free and willing consent of the owner of each lot or
parcel on which an assessment is levied at the time the assessment is levied; and
WHEREAS, the City desires to allow the owners of property within its
jurisdiction ("Participating Property Owners") to participate in the CaliforniaFIRST
Program and to allow California Communities to conduct assessment
proceedings under Chapter 29 and to issue Bonds under the 1915 Act to finance
the Improvements; and
WHEREAS, California Communities will conduct assessment proceedings
under Chapter 29 and issue Bonds under the 1915 Act to finance Improvements;
and
WHEREAS, the territory within which assessments may be levied for the
CaliforniaFIRST Program shall include all of the territory within the City's official
boundaries of record (the "Proposed Boundaries"), and
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WHEREAS, the City will not be responsible for the conduct of any
assessment proceedings, the levy or collection of assessments or any required
remedial action in the case of delinquencies in such assessment payments; or
the issuance, sale or administration of the Bonds or any other bonds issued in
connection with the CaliforniaFIRST Program; and
WHEREAS, pursuant to Government Code Section 6586.5, a notice of
public hearing has been published once at least five days prior to the date
hereof in a newspaper of general circulation in the City and a public hearing
has been duly conducted by this City Council concerning the significant public
benefits of the CaliforniaFIRST Program and the financing of the Improvements;
NOW, THEREFORE, INCORPORATING THE ABOVE RECITALS HEREIN, BE IT
RESOLVED by the City Council of the City of Bakersfield, as follows:
Section 1, On the date hereof, the City Council held a public hearing
and the City Council hereby finds and declares that the issuance of bonds by
California Communities in connection with the CaliforniaFIRST Program will
provide significant public benefits, including without limitation, savings in
effective interest rate, bond preparation, bond underwriting and bond issuance
costs and reductions in effective user charges levied by water and electricity
providers within the boundaries of the City,
Section 2, In connection with the CaliforniaFIRST Program, the City
hereby consents to the conduct of special assessment proceedings by
California Communities pursuant to Chapter 29 on any property within the
Proposed Boundaries and the issuance of Bonds under the 1915 Act; provided,
that
(1) Such proceedings are conducted pursuant to one or more
Resolutions of Intention in substantially the form of the ROI; and
(2) 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.
Section 3. Pursuant to the requirements of Chapter 29, California
Communities has prepared and will update from time to time the "Program
Report" for the CaliforniaFIRST Program (the "Program Report"), and California
Communities will undertake assessment proceedings and the financing of
Improvements as set forth in the Program Report.
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Section 4. The appropriate officials and staff of the City are hereby
authorized and directed to make applications for the CaliforniaFIRST program
available to all property owners who wish to finance Improvements; provided,
that California Communities shall be responsible for providing such applications
and related materials at its own expense. Staff persons chosen by the City
Manager from time to time are hereby designated as the contact persons for
California Communities in connection with the CaliforniaFIRST Program,
including, but not limited to, Steven Teglia, Administrative Analyst.
Section 5. The appropriate officials and staff of the City are hereby
authorized and directed to execute and deliver such closing certificates,
requisitions, agreements and related documents as are reasonably required by
California Communities in accordance with the Program Report to implement
the CaliforniaFIRST Program for Participating Property Owners and to evidence
compliance with the requirements of federal and state law in connection with
the issuance by California Communities of the Bonds and any other bonds for
the CaliforniaFIRST Program. To that end, and pursuant to Treasury Regulations
Section 1.150-2, the staff persons listed in Section 3 above, or other staff person
acting in the same capacity for the City with respect to the CaliforniaFIRST
Program, are hereby authorized and designated to declare the official intent of
the City with respect to the Improvements to be paid or reimbursed through
participation in the CaliforniaFIRST Program.
Section 6. The appropriate officials and staff of the City are hereby
authorized and directed to pay California Communities an amount not to
exceed $20,000, which California Communities will use to pay for the costs of
implementing the CaliforniaFIRST Program in the City, including the payment of
legal costs incurred in connection with judicial validation of the CaliforniaFIRST
Program.
Section 7. This Resolution shall take effect immediately upon its
adoption. The City Clerk is hereby authorized and directed to transmit a certified
copy of this resolution to the Secretary of California Communities.
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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 `BAR 2 4 2010 , by the following vote:
AYE COUNCILMEMBER CARSON, BR HHA~M, WEIR, CO CH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER nofl
ABSENT: COUNCILMEMBER ~'lf7~SL~
CITY CLERK AND EX O I 10 of the
MAR 2 4 2010 Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA G NARO
'0000*YZ
City Attor e
By
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