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Resolution 1992-71 . . , RESOLUTION NO. 92 - 71 A RESOLUTION AUTHORIZING THE ISSUANCE BY THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY OF BONDS OR OTHER OBLIGATIONS FOR THE REGIONAL WASTEWATER FACILITIES PROJECT AND CAPITAL IMPROVEMENTS ON BEHALF OF THE CITY OF MORGAN HILL; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. WHEREAS, pursuant to the provisions of Chapter 5 of Division 7 of Title 1 of the Government Code of the Sate of California, the City of Morgan Hill ("Morgan Hill") and the City of Gilroy (the "City" and together with Morgan Hill, the "Member Agencies") have executed and entered into the Joint Exercise of Powers Agreement Creating the South County Regional Wastewater Authority, dated May 19, 1992 (the "Joint Exercise of Powers Agreement"), pursuant to which Joint Exercise of Powers Agreement the South County Regional Wastewater Authority (the "Authority") has been created and established; and WHEREAS, the aforesaid Joint Exercise of Powers Agreement provides that the Authority, in its own name, or for the benefit of the Member Agencies, has the power to acquire by purchase, lease, contribution, eminent domain or otherwise, real or personal property, and to plan for, develop, contract for, own, acquire, construct, finance, operate and maintain any systems, plants, buildings, works and other facilities for the collection, treatment and disposal of sewage, waste and storm water, including sewage treatment and disposal plants and works and facilities in connection therewith, and reclamation facilities; and WHEREAS, the member Agencies have determined that their existing jointly owned sewage treatment plant which each Member Agency is currently using for the treatment and disposal of its wastewater, is not sufficient to serve their respective needs and that it is necessary to construct new wastewater facilities (the "Project") in order to serve such needs; and RESOLUTION NO. 92 - 71 -1- . . WHEREAS, the Member Agencies have heretofore determined that it is desirable to secure the assistance of the Authority in financing the costs of acquisition and construction of the Project and to pay other related expenses through the issuance of revenue bonds of the Authority; WHEREAS, the Member Agencies have each heretofore authorized the issuance of bonds or other obligations by the Authority for the purpose of financing all or a portion of the costs of acquisition and construction of the Project; and WHEREAS, the City has heretofore financed its share of the costs of acquisition and construction of the Project through the issuance of revenue bonds of the Authority; and WHEREAS, Morgan Hill has determined that in addition to financing its share of the costs of acquisition and construction of the Project, it is desirable to secure the assistance of the Authority in financing certain capital improvements to Morgan Hill's wastewater system; and WHEREAS, the City now desires to authorize the issuance of bonds or other obligations by the Authority for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY AS FOLLOWS: Section 1. Authorization of Bonds or Other Obligations. Pursuant to Article V of the Joint Exercise of Powers Agreement, the City hereby consents to the issuance of bonds or other obligations by the Authority for the purpose of, in addition to financing the costs of acquisition and construction of Morgan Hill's share of the Project, financing the costs of certain capital improvements to Morgan Hill's wastewater system. Section 2. Other Actions. The Mayor, the City Administrator, the City Clerk and the other officers of the City are hereby authorized and directed Jointly and severally to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken by such officers are hereby ratified, confirmed and approved. -2- RESOLUTION NO. 92 - 71 . . . Section 3. Effective Date. This Resolution shall take effect from and after its date of passage and adoption. PASSED AND ADOPTED this 17th day of August, 1992, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS:KLOECKER and NELSON. APPROVED: JU!.J.~ ATTEST: A ' 'f" / ' _ ~amnJ~QJ~ City Clerk -3- RESOLUTION NO. 92-17 . . . ... . ,. .. I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 92-71 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of August , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 20th day of August ,1992. A'2<<9~ ~y Clerk of the City (Seal)