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Resolution 1995-45 . . RESOLUTION NO. 95-45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE CITY TO ENTER INTO CERTAIN ENERGY CONSERVATION CONTRACTS WHEREAS, California Government Code Chapter 3.2, comprising sections 4217.10 through 4217.18 ("Chapter 3.2"), authorizes a public agency to enter into an energy service contract if its governing body determines that the contract is in the best interests of the public agency, and if such determination is made at a regularly scheduled public hearing, public notice of which is given at least two weeks in advance, at which the governing body finds that the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the public agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those circumstances; and WHEREAS, Chapter 3.2 authorizes a public agency to enter into a facility financing contract on such terms as are in the best interests of the public agency, if such determination is made at a regularly scheduled public hearing, public notice of which is given at least two weeks in advance, and at which the governing body finds that funds for the repayment of the financing are projected to be available from funding which would otherwise have been used for purchase of electrical, thermal, or other energy required by the public agency in the absence of the energy conservation facility; and WHEREAS, the City of Gilroy (the "City") has entered into that certain energy service contract with Honeywell, Inc. ("Honeywell") called "Agreement with City of Gilroy for a Comprehensive Technical Services Program" (the "Agreement"), that certain addendum to the RESOLUTION NO. 95-45 -1- . . Agreement called "Addendum to the Agreement with city of Gilroy for a Comprehensive Technical Services Program" (the "Addendum"), and that certain facility financing contract called Lease with Option To Purchase (the "Lease") pursuant to duly noticed and regularly scheduled hearings on March 20, 1995 and June 5, 1995; and WHEREAS, the Agreement, the Addendum, and the Lease have guaranteed the City energy savings in the amount of at least $31,593 annually over the seven-year term of the Agreement, the Addendum, and the Lease, and that the funds for the repayment of the costs of financing the Agreement, the Addendum, and the Lease are available from the energy and operational saving achieved in the approximate amount of $91,275 per year. NOW THEREFORE, based upon the foregoing facts, the Staff Report and associated documents, all written and oral testimony and Exhibit "A", attached hereto and incorporated herein by this reference, BE IT RESOLVED: 1. That the City Council finds that it is in the best interests of the City to enter into the Agreement, the Addendum, and the Lease. 2. That the city Council finds that the cost of the energy conservation products and services provided under the Agreement, the Addendum, and the Lease, will be less than the amount which would otherwise have been used for the anticipated marginal cost to the city of thermal, electrical, or other energy that would have been consumed by the City in the absence of the Agreement, the Addendum, and the Lease. 3. That the City Council finds that funds for the repayment RESOLUTION NO. 95-45 -2- . . of the financing are projected to be available from funding which would otherwise have been used for purchase of electrical, thermal, or other energy required by the public agency in the absence of the energy conservation facility. 4. That the City Administrator and Mayor of the City are hereby authorized and directed to perform such acts and execute such documents as are necessary to enter into and complete the City's obligations under the Agreement, the Addendum, and the Lease. PASSED AND ADOPTED this 5th day of June, 1995 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: J, Donald F. ATTEST: d'U4~ ,~ Susanne E. Steinmetz, City \351\191501.1 52-060604706002 RESOLUTION NO. 95-45 -3- ~ ., . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 95-45 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the June , 19...,2L, Official Seal of the City of Gilroy this 6th day of June ,1995. ~'O<k .k eo" CJ.ty of Gilroy (Seal)