HomeMy Public PortalAbout97-061 (05-06-97)RESOLUTION NO. 97-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, CALIFORNIA, APPROVING CERTAIN ENERGY
CONSERVATION MEASURES AND AUTHORIZING THE EXECUTION
OF AGREEMENTS, SIGNATORIES AND MAKING OTHER
DETERMINATIONS IN CONNECTION THEREWITH
~ VJHEREAS, the City Council of the CITY OF LYNVJOOD (the "City") is authorized
pursuant to Sections 4217.10 through 421718 of the Califomia Govemment Code (the "AcY') 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 ContracP'); for the acquisition and installation of a mechanical
retrofit and energy management project ("ProjecP'); and
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WHEREAS, Municipal Leasing Associate, Ina (the "Corporation") has offered to enter
into a Lease With Option to PurcHase ("Lease"), and a Custodial and Agency Agreement
("Custodial AgreemenP') with the City in order to provide lease financing ("Financing") for the
Project.
NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve,
declare, and determine an order as follows:
SECTION 1. The City Council hereby finds, determines and dec-ares as follows:
' (a) The anticipated cost to the City for °Conservation Services" as defined in Section
421711(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) The anticipated 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.
SECTION 2. The form, terms and provisions of the Honeywell Contract, the Lease and
the Custodial Agreement are hereby approved and the City Manager is hereby authorized on
behalf of the City and in its name to execute and deliver the Honeywell Contract, the Lease and
the Custodial Agreement, in substantially the forms presented to and considered at this meeting,
with such changes therein as may be approved by the City Manager executing the Honeywell
' Contract, the Lease and the Custodial Agreement, such approval to be conclusively evidenced by
the execution thereof.
SECTION 3. The Financing is to be designated by this body as a qualified tas exempt
obligation far tbe calendaz year in which the lease is issued pursuant to Section 265(b) of the
Internal Revenue Code of 1986 (as amended) and City Manager is hereby authorized to execute
the "Designation of Qualification" document.
SECTION 4. The City Manager is hereby authorized 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 which are not
inconsistent with this Resolution are hereby approved, ratified and confirmed.
SECTION 6. This Resolution shall take effect immediately.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution and
enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this 6th
May , 1997.
ATTEST:
CS¢~~ OS , S'~LC~
Andrea Hooper, City Clerk ~
City of Lynwood
APPROVED AS TO FORM:
W,~,.. ~, ~
William B. Rudell, City Attorney
day of
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Paul H. Richards II, Mayor
City of Lynwood
Faustm Gon les, ' ger
City of Lynwood
APPROVED AS TO CONTENT:
~/v_I`~'d i~ / / ~L~ \
Emilio M. IVlurga;~
Assistant City Ma ger
Environmental Services/
Director of Public Works
STATE OF CALIFORNIA }
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COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and
foregoing resolution was duly adopted by the City Council of said City at a regular meeting
thereof held in the City Hall of the City on the 6th day of May , 1997, and
' passed by the following votes:
AYES: COUNCILMEMBER BYRD, HENNING, REA, RICHARDS
NOES: NONE
ABSENT: NONE
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CITY CLERK, CITY OF LYN OOD
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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' I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of
said City, do hereby certify that the above and foregoing is full, true and correct copy of
Resolution No. 97-61 on file in my office and that said resolution was adopted on the date and
by the votes therein stated. Dated this 6th day of MaY , 1997.
CTTY CLERK, CIT~ ~~~
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