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HomeMy WebLinkAboutResolution 1999-18 . . . , . . RESOLUTION NO. 99-18 A RESOLUTION OF THE CITY OF GILROY CONSENTING TO THE ISSUANCE BY THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY OF BONDS FOR THE REFINANCING OF THE CITY'S SHARE OF THE REGIONAL WASTEWATER FACILITIES PROJECT; WHEREAS, pursuant to the provisions of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of Cali fomi a, the City of Gilroy (the "City") and the City of Morgan Hill ("Morgan Hill" and together with the City, 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 "Agreement"), pursuant to which Agreement the South County Regional Wastewater Authority (the "Authority") has been created and established; WHEREAS, the 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; WHEREAS, the Authority has undertaken, on behalf of the Member Agencies the construction of certain wastewater facilities (the "Project"), a portion of the costs of which were financed from the proceeds ofthe Authority's Revenue Bonds (Regional Wastewater Facilities Project) Gilroy Series 1992A (the "1992 Gilroy Bonds"); WHEREAS, the City has requested that the Authority issue refunding revenue bonds for the purpose of refunding all or a portion of the 1992 Gilroy Bonds; WHEREAS, Article V of the Agreement provides that, in order for the Authority to issue bonds, it shall first obtain the consent of the Member Agencies; and WHEREAS, the Authority has requested that the Member Agencies give their consent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: Section 1. Consent to Issuance of Bonds. Pursuant to Article V of the Agreement, the City consents to the issuance of refunding revenue bonds by the Authority for the purpose of refunding all or a portion of the 1992 Gilroy Bonds. 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. SFLlB 111073675/1/11022/00001 . , . . PASSED AND ADOPTED this 1st day of March, 1999 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, SPRINGER, SUDOL and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS ROWLISON APPROVED: K. A. Mike Gilroy, Mayor ATTEST: ~'l2~ AJA--~ Rhonda Pellin, City Clerk -2- RESOLUTION NO 99-18 . . . . . . .., ... ~ I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 99-18 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of March, 1999, 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 5th day of March, 1999, ~~-U~~, City Clerk of the City of Gilroy (Seal)