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HomeMy WebLinkAboutResolution No. 02-C145RESOLUTION NO. 02-C145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF A PROPOSED TAX-EXEMPT FINANCING, AS REQUIRED BY UNITED STATES DEPARTMENT OF TREASURY REGULATIONS SECTION 1.150-2 WHEREAS, the City of Azusa (the "City") is contemplating the issuance by the City, or an entity on behalf of the City, of tax-exempt obligations (the "Bonds") to fund various capital improvements to its electric utility (together, the "Project"); and WHEREAS, Project expenditures will occur prior to the date of issuance of the Bonds (the "Reimbursable Expenditures"); and WHEREAS, section 1.150-2 of the Treasury Regulations (the "Treasury Regulations") promulgated under the Internal Revenue Code of 1986, as amended, requires that in order that an allocation of proceeds of the Bonds to an expenditure paid prior to the issuance of the Bonds be respected by the Internal Revenue Service, the City generally must no later than 60 days following such payment have declared its reasonable official intent to reimburse for such payment out of proceeds of the Bonds; and WHEREAS, the City desires to facilitate the allocation of proceeds of the Bonds to the reimbursement for payment of all or a portion of the Reimbursable Expenditures for the Project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: SECTION 1. Compliance with Treasury Regulations This Resolution is adopted solely for purposes of establishing compliance with the requirements of section 1.150-2 of the Treasury Regulations. This Resolution does not obligate the City to make any expenditure, issue the Bonds or proceed with the Project. SECTION 2. Intent to Reimburse City from Bond Proceeds The City hereby declares its reasonable official intention to issue Bonds or incur other obligations in an amount that is currently expected to be approximately $7,000,000, and to apply a portion of the proceeds thereof to the reimbursement of the City for the prior payment of Reimbursable Expenditures. The City recognizes that under section 1.150-2 of the Treasury Regulations, the allocation of proceeds of the Bonds to Reimbursable Expenditures (other than certain de minimis or preliminary expenditures described in section 1.150-2(f) of the Treasury Regulations) will be recognized only if (i) the Reimbursable Expenditures were paid not earlier 45252031.1 than 60 days prior to the adoption of this Resolution and (ii) the allocation of proceeds of the Bonds to such reimbursement is made not later than the later of (a) 18 months after the date of payment of the Reimbursable Expenditures or (b) 18 months after the date upon which the Project is placed in service or abandoned, but in no event more than three years after the date of the original expenditure of such moneys. SECTION 3. Effective Date This Resolution shall take effect from and after the date of its passage and adoption. Adopted by the Council of the City of Azusa on this ATTEST-/ City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF AZUSA ) December, 2002. Mayor I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that Resolution No. 02-C145 was adopted by the Council of the City of Azusa, California at a regular meeting held on the 23rd day of December, 2002, and that same was adopted by the following vote: Ayes: Noes: Absent Councilmembers: Hardison, Stanford, Rocha, Chagnon, Madrid Councilmembers: None Councilmembers: None 45252031.1 2 RESOLUTION NO. 02-C144 RESOLUTION OF THE CITY COUNCIL/ UTILITY BOARD OF THE CITY OF AZUSA AUTHORIZING EXECUTION OF APPLICATION FOR MEMBERSHIP IN FINANCING AUTHORITY FOR RESOURCE EFFICIENCY OF CALIFORNIA AND COMMITMENT TO ABIDE BY THE PROVISIONS OF THE JOINT POWERS AGREEMENT. WHEREAS, certain public agencies have formed a joint powers authority pursuant to Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California known as the Financing Authority for Resource Efficiency of California ("FARECal"); and WHEREAS, it is in the best interest of the City of Azusa and Azusa Light & Water to become a member of FARECal which is empowered, among other powers, to plan, develop, finance, purchase, lease, construct, operate and maintain various facilities and resource efficiency programs, which conserve electricity, natural gas or water; and utilize electricity, natural gas and water facilities more efficiently, including facilities that transport, distribute electricity, gas and water, and treat water, waste water or recycled water for reuse. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: SECTION 1. Authorization of Mayor to execute request for FARECal membership and to abide by FARECal's joint powers agreement. The City Council/Utility Board of the City of Azusa hereby approves and authorizes the Mayor to execute, and the City Clerk to attest, the form attached hereto as Exhibit A, "Request for Membership and Agreement to Abide by Joint Powers Agreement' regarding FARECal. requesting membership in FARECal, and committing the City of Azusa to abide by the joint powers agreement of FARECal. SECTION 2. Mayor, City Manager, and Director of Utilities authorizations. The Mayor, City Manager, and Director of Utilities are hereby authorized and directed by the City of Azusa to take all actions and do all other things necessary or desirable hereunder with respect to joining FARECal, including but not limited to the execution and delivery of any and all applications, requests, agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this resolution. 45252031.1 0 0 SECTION 3. Effective Date This Resolution shall take effect from and after the date of its passage and adoption. Adopted by the Council of the City of Azusa on this ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF AZUSA ) ss of December, 2002. Mayor I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that Resolution No. 02-C144 was adopted by the Council of the City of Azusa, California at a regular meeting held on the 23rd day of December, 2002, and that same was adopted by the following vote: Ayes: Councilmembers Noes: Councilmembers Absent: Councilmembers Hardison, Stanford, Rocha, Chagnon, Madrid None None 45252031.1 2 11 EXHIBIT A REQUEST FOR AND 0 AGREEMENT TO ABIDE BY JOINT POWERS AGREEMENT CREATING FINANCING AUTHORITY FOR RESOURCE EFFICIENCY OF CALIFORNIA The City of Azusa (the "Applicant") hereby requests that it be granted membership in the Financing Authority for Resource Efficiency of California (the "Authority") and agrees, subject to being granted such membership, to abide by the provisions of the Joint Powers Agreement creating Financing Authority for Resource Efficiency of California, dated July 1, 1993, attached hereto as Exhibit A, as the same may be supplemented or amended (the "Agreement'). Attached hereto as Exhibit B is a certified copy of the action of the governing body of the Applicant authorizing the individual identified below to execute this application for membership in the Authority and to commit the Applicant to abide by the provisions of the Agreement, contingent upon being granted membership in the Authority. APP AN Cristina Cruz -Madrid, Mayor ATTEST: C� Vera Mendoza, City Clerk 35252031.1 0 0 WARRANT REGISTER #9 FISCAL YEAR 2002-03 WARRANTS 11/22/02 THRU 12/05/02 RESOLUTION NO. 02—C143 COUNCIL MEETING OF 12/16/02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOYING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID THE CITY COUNCIL OF THE CITY OF AZUSA does resolve as follows: SECTION 1. That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the respective Funds as hereinafter set forth: 00 Pooled Cash S (154,014.82) 10 General Fund 311,680.55 12 Gas Tax 89,285.16 15 Transportation/Proposition A Fund 1,376.76 17 Transportation/Proposition C Fund 18,139.69 18 Community Development Block Grant Fund 21,770.95 19 Dwelling Tax Fund (Quimby Act) 0.00 21 Senior Nutrition Fund 3,304.95 22 Capital Projects Fund 67,077.27 24 Public Benefit Program 7,962.20 25 Headstart Fund 61.45 26 Supplemental Law Enforcement Fund 81932 27 Air Quality Improvement Fund 7,330.05 28 State Grants & Seizures 11,007.93 29 Fire Safety Fund 189,128.98 31 Consumer Services Fund 64,257.94 32 Water Fund 102,819.49 33 Light Fund 289,029.84 34 Sewer Fund 15,386.00 42 Self Insurance Fund 94,941.16 43 Central Services Fund 5,138.25 46 Equipment Replacement Fund 0.00 50 Special Deposits Fund 28,556.30 Total S 1,175,059.42 0 0 SECTION 2. That the City Clerk shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the City Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED this 16th day of December 2002. I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 16th day of December 12002 by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, ROCHA, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK WARRANTS# NONE WARRANTS# NONE HAND WRITTEN SPOILED DOCUMENTS WARRANTS# 47463 - 47990 COMPUTER -WRITTEN WIRES# 98938 - 98946