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R 3094 . .. RESOLUTION NO. 3094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CERTAIN ENERGY CONSERVATION MEASURES AUTHORIZING THE EXECUTION OF AGREEMENTS, SIGNATORIES AND MAKING OTHER DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the city of Arroyo Grande (the "City") is authorized pursuant to sections 4217.10 through 4217.18 of the California Government Code (the "Act") to enter into energy conservation contracts pursuant to which the city may acquire and finance equipment and services to reduce energy use or to make for a more efficient use of energy; and WHEREAS, pursuant to the Act, the city proposes to enter into an agreement with Honeywell, Inc. (the "Honeywell Contract") for the acquisition and installation of a mechanical retrofit and energy management project (the"Project"); and WHEREAS, Municipal Leasing Associates, Inc. (the "Corporation") has offered to enter into a Lease With option to Purchase (the "Lease"), and a Custodial and Agency Agreement (the "Custodial and Agency Agreement") with the City in order to provide lease financing (the "Financing") for the Project. NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Arroyo Grande as follows: section 1. The city Council hereby finds, determines and declares as' follows: (a) The anticipated cost to the city for "Conservation Services" as defined in section 4217.11(c) of the Act and as provided for by the Honeywell Contract, the Lease and .the Project will be less than the anticipated marginal cost to the City of Energy that would have been consumed by the city in the absence of the project. (b) To the extent that the Honeywell Contract and/or the Lease grant easements, rights-of-way, licenses, rights of access, or other rights in the real property of the city upon which the Project will be constructed and installed, the difference, if any, between the fair rental value of such rights and the portion of the rent under the Lease attributable to such rights, is anticipated to be offset by benefits provided to the city under the Honeywell Contract and the Lease. (c) Funds for the payment of amounts due under the Lease are projected to be available from funding which otherwise would have been used for the purchase of energy required by the city in the absence of the Project. ~ RESOLUTION NO. 3094 PAGE 2 section 2. The form, terms and provisions of the Honeywell Contract, the Lease and the custodial and Agency Agreement are hereby approved and the city Manager and the city Clerk are hereby jointly and severally authorized and directed on behalf of the city and in its name to execute and deliver the Honeywell Contract, the Lease and the Custodial and Agency Agreement, in substantially the forms presented to and considered at this meeting, with such changes therein as may be approved by the individual(s) executing the Honeywell Contract, the Lease and the Custodial and Agency Agreement, such approval to be conclusively "--" evidenced by the execution thereof. section 3. The Financing be designated by this body as a qualified tax exempt obligation for the calendar year in which the lease is issued pursuant to section 265(b) of the Internal Revenue Code of 1986 (as amended) and City Manager and the City Clerk are hereby jointly and severally authorized and directed to execute the "Designation of Qualification" document. section 4. The city Manager and the City Clerk are hereby jointly and severaily authorized and directed to execute and attest such further documents, instruments and certificates as they may deem necessary or advisable in order to accomplish the purposes of this Resolution. section 5. All actions heretofore taken by the City Manager, the City Clerk, and the other officers and employees of the city in connection with the Project and the Financing, which are not inconsistent with this Resolution, are hereby approved, ratified and confirmed. section 6. This Resolution shall take effect immediately. On motion of Council Member Fuller , seconded by Council Member Lady , and on the following roll call vote, to wit: "--- AYES: Council Members Fuller, Lady, Souza, Brandy and Mayor Dougall NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 26th day of September, 1995. . RESOLUTION NO. 3094 PAGE 3 ATTEST: a.~ DAVIS, CITY CLERK APPROVED AS TO FORM: -.- ...- , CITY ATTORNEY APPROVED AS TO CONTENT: KIJ&lfL. rf~ ROBERT L. HUNT, CITY MANAGER I, NANCY A. DAVIS, city Clerk of the city of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 3094is a true, full, and correct copy of said Resolution Passed and adopted at a regular meeting of said Council on the 26th day of September, 1995. --- WITNESS my hand and the Seal of the city of Arroyo Grande affixed this 28th day of September , 1995.