HomeMy WebLinkAbout1994 086 CC RESO1994 086 CC RESO (Ìì ´ Z RESOLUTION NO. 94-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK 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 Baldwin Park the City")
is authorized pursuant to Sections 4217.10 through 4217.18 of the
California Government Code the Act") to enter into energy
conservation contacts 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")
with the City in order to provide lease financing the Financing")
for the Project; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Baldwin Park 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 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 the 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.
Section 2. The form, terms and provisions of the Honeywell
Contract, the Lease and the Escrow Agreement are hereby approved
and the Mayor 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
Escrow Agreement, in substantially the forms presented to and
considered at this meeting, with such changes therein may be
approved by the individual 5) executing the Honeywell Contract, the
Lease and the Escrow Agreement, such approval to be conclusively
evidenced by the Escrow 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 calendar year 1994 pursuant to
Section 265(b) of the Internal Revenue code of 1986 as amended)
and Mayor and the City Clerk are hereby jointly and severally
authorized and directed to Designation of Qualification" document.
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1994 086 CC RESO (Ìì ´ Z Resolution No. 94-86 August 3, 1994
Re: Energy Conservation Measures
Section 4. The Mayor and the City Clerk are hereby jointly
and severally 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 Mayor, 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.
APPROVED AND ADOPTED on August 3, 1994.
Mayor
ATTEST:
Linda L Gair, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) 55:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Resolution No. 94-86 was approved
and duly adopted by the City Council at a regular meeting thereof
on August 3, 1994, and that the Resolution was passed by the
following vote, to wit:
AYES: COUNCIL MEMBERS LOWES,MARTINEZ GALLEGOS,MUSE,MAYOR VARGAS
NOES: COUNCIL MEMBERS NONE
ABSENT: COUNCIL MEMBERS NONE
ABSTAIN: COUNCIL MEMBERS NONE
CITY CLERK
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