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HomeMy WebLinkAboutOrdinance 1799 (Public Parking Project)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1799 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A SITE AND FACILITIES LEASE AND A PROPERTY LEASE RELATING TO THE SAN RAFAEL JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2003 (PUBLIC PARKING PROJECT) AND THE FINANCING OF A PUBLIC PARKING GARAGE LOCATED ON THE NORTH SIDE OF THIRD STREET FROM C STREET TO B STREET" 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 3rd day of March. 2003. 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 17th day of March. 2003. by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 19th day of March, 2003 44�A. JE M. LEONCINI, City Clerk ORDINANCE NO. 1799 AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A SITE AND FACILITIES LEASE AND A PROPERTY LEASE RELATING TO THE SAN RAFAEL JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2003 (PUBLIC PARKING PROJECT) AND THE FINANCING OF A PUBLIC PARKING GARAGE LOCATED ON THE NORTH SIDE OF THIRD STREET FROM C STREET TO B STREET WHEREAS, the City of San Rafael (the "City") and the San Rafael Redevelopment Agency (the "Agency") have entered into a Joint Exercise of Powers Agreement establishing 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, the Authority proposes to authorize the issuance of its revenue bonds (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 (the "Act"); and WHEREAS, certain of the proceeds received from the sale of the Bonds will be used by the City to acquire and construct the Improvements (as defined in the hereinafter mentioned Property Lease); and WHEREAS, pursuant to a Site and Facilities Lease, the form of which is on file with the City Clerk of the City, the Authority will lease from the City the Site and Facilities, as defined in the hereinafter mentioned Property Lease (collectively, the "Leased Property"), initially consisting of the City's City Hall site and the City Hall constructed thereon and/or certain public parking assets, and, pursuant to a Property Lease, the form of which is on file with the City Clerk of the City, the City will lease from the Authority the Leased Property, and the Authority will use the lease payments received from the City under the Property Lease 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 Property Lease 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 and Facilities Lease and the Property Lease, 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 of the City, or any person acting in any such capacity (each a "Designated Officer"), each acting alone, are hereby authorized and directed to enter into said Site and Facilities Lease and said Property Lease, with such changes, insertions and omissions as may be approved by such official executing said Site and Facilities Lease and said Property Lease. 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 any one 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 thirty (30) days after its final passage. �ALBE J. BORES, Mayor ATTEST: JEANNE M. LEONCINI, City Clerk The foregoing Ordinance No 1799 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 3rd day of March, 2003 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: 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 17th day of March, 2003. �j JLA!�NE M. LEONCINI, City Clerk W:\Management services- WorkFile\Finance- WorkFile\Debt Administration\Parking Bonds -3rd Q C\Ordinance.doc