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HomeMy WebLinkAboutOrdinance 1952 (Lease Agreement Revenue Bonds)CLERK'S CERTIFICATE I, LINDSAY LARA, Interim City Clerk of the City of San Rafael, and Interim Ex- Officio Clerk of the Council of said City, do hereby certify that the foregoing ORDINANCE NO. 1952 AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A SITE LEASE AND A LEASE AGREEMENT RELATING TO THE SAN RAFAEL JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2018 (PUBLIC SAFETY FACILITIES PROJECT) AND THE FINANCING OF CERTAIN PUBLIC SAFETY FACILITIES LOCATED IN THE CITY is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 16 th day of January, 2018; was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 5th day of February, 2018, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin WITNESS my hand and the official Seal of the City of San Rafael this 6th day of February, 2018 ~ LINDSAY LARA Interim City Clerk ORDINANCE NO. 1952 AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A SITE LEASE AND A LEASE AGREEMENT RELATING TO THE SAN RAFAEL JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2018 (PUBLIC SAFETY FACILITIES PROJECT) AND THE FINANCING OF CERTAIN PUBLIC SAFETY FACILITIES LOCATED IN THE CITY WHEREAS, the City of San Rafael (the "City") and the California Municipal Finance Authority have entered into an Amended and Restated Joint Exercise of Powers Agreement continuing the existence of the San Rafael Joint Powers Financing Authority (the "Authority") for the purpose, among others, of having the Authority issue its bonds to be used to finance the acquisition, construction and improvement of certain public capital improvements; and WHEREAS, for the purpose of raising funds necessary to finance certain public capital improvements of the City, consisting generally of the construction of a new public safety center and two replacement fire stations (the "Facilities"), the Authority proposes to authorize the issuance of its Lease Revenue Bonds, Series 2018 (Public Safety Facilities Project) (the "Bonds") under the provisions of Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California; and WHEREAS, certain of the proceeds received from the sale of the Bonds will be used by the City to acquire and construct the Facilities; and WHEREAS, pursuant to a Site Lease (the "Site Lease"), the form of which is on file with the City Clerk of the City, the Authority will lease from the City the real property defined therein (collectively, the "Leased Property), initially consisting of the new public safety center to be located on 5th Avenue between C Street and D Street, the City's Fire Station 52 located at 210 Third Street, and the City's Fire Station 57 located at 3530 Civic Center Drive; and WHEREAS, pursuant to a Lease Agreement (the "Lease Agreement"), the form of which is on file with the City Clerk of the City, the City will lease the Leased Property from the Authority, and the Authority will use the lease payments received from the City under the Lease Agreement to pay debt service on the Bonds; and WHEREAS, the City has duly considered such transactions and wishes at this time to approve said transactions in the public interest of the City; and WHEREAS, the City is required by Article III, Section 12 of the City Charter of the City of San Rafael and by Article 9 of Chapter 5 of Part 1 of Division 2 of Title 5 of the California Government Code (commencing with Section 54240 of said Code) to authorize the act of entering into the Site Lease and Lease Agreement by ordinance which is subject to referendum. NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: . DIVISION 1: The Site Lease and the Lease Agreement, both relating to the Leased Property, and both between the Authority and the City, are hereby approved, and the Mayor, the Vice Mayor, the City Manager or the Assistant City Manager (each a "Designated Officer"), each acting alone, are hereby authorized and directed to execute the Site Lease and the Lease Agreement, with such changes, insertions and omissions as may be approved by such official executing the Site Lease and Lease Agreement, and by the City Attorney. DIVISION 2: This Ordinance shall be subject to the provisions and requirements of Article VII, Section 7 of the City Charter of the City, and shall also be subject to referendum pursuant to Section 54242 of the California Government Code. DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect 30 days after its final passage. ATTEST: LI DSAY LARA, Interim City Clerk The foregoing Ordinance No 1952 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 16th day of January, 2018, and ordered passed to print by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips COUNCILMEMBERS: None COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 5th day of February 2018. (7( 'rI< ~ LINDSAY LARA, Interim City Clerk 2