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HomeMy WebLinkAbout96-062~,. ~~ ~S UP,~•'•. fig,, • i+~ .V r ~~• ~ • rya; :~n *r :*. w `' ~. `~ ~rf.rrr rrrrrr BOARD OF SUPERVISORS COUNTY OF BUTi'E, STATE OF CALIFORNIA ~~~solufi~n ~~'~~. 9~-62 RESOLUTION APPROVING CERTAIN ENERGY CONSERVATION MEASURES AUTHORIZING THE EXECUTION OF AGREEMENTS, SIGNATORIES AND MAKING OTHER DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, the Board of Supervisors of the County of Butte (the "County") is authorized pursuant to Sections 4217. I O through 4217.18 of the California Government Code (the "Act") to enter into energy conservation contracts pursuant to which the County may acquire and finance equipment and services to reduce energy use or to make for a more efficient use of energy; and WHEREAS, pursuant to the Act, the County has entered into an agreement with Aircon Energy, Inc., (the "Aircon Contract") for the acquisition and installation of a mechanical retrofit and energy management project (the "Project"); and WHEREAS, the Association of Bay Area Governments offers public agencies acost-effective tax-exempt leasing program and nominates Municipal Leasing Associates, Inc. as agent to enter into a Lease With Option to Purchase (the "Lease"), and a Custodial and Agency Agreement (the "Custodial Agreement") with the County in order to provide lease financing (the "Financing") far the Projects; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte as follows: i n 1 The Board of Supervisors hereby finds, determines and declares as follows: (a} The anticipated cost to the County for "Conservation Services" as defined in Section 4217.11(c) of the Act and as provided for by the Aircon Contract, the Lease and the Project will be less than the anticipated marginal cost to the County of energy that would have been consumed by the County in the absence of the Project. (b) To the extent that the Aircon Contract andJor the Lease grant easements, rights-of--way licenses, rights of access, or other rights in the real property of the County upon which the Project will be constructed and installed, the difference, if any, between the fair rental value of such rights and the portion of the rent under the Lease attributable to such rights, is anticipated to be offset by benefits provided to the County under the Aircon Contract and the Lease. (c) Funds for the payment of amounts due under the Lease are projected to be available from funding which otherwise would have been used far the purchase of energy required by the County in the absence of the Project. Section 2. The Treasurer and the Purchasing Agent or thei- authorized representatives are hereby jointly and severally authorized and directed on behalf of the County and in its name to execute and deliver the Lease and the Custodial Agreement with such changes therein as may be approved by the individuals executing the Lease and the Custodial Agreement, such approval to be conclusively evidenced by the execution thereof. Section 3. The principal amount of the Lease shall not exceed $2,730,000 and the interest rate shall not exceed 6.15%. Section 4. The Financing is hereby designated by this body as a qualified tax exempt obligation for the calendar year in which the Financing is issued pursuant to Section 265(b) of the Internal Revenue Code of 1986 (as amended) and the Treasurer is hereby authorized and directed to execute the "Designation of Qualification" document. Section 5. The County of Butte declares its official intent to be reimbursed from the proceeds of the Financing approved hereby for a maximum principal amount of $2,730,000 of expenditures occuring no earlier than sixty days prior to the adoption of this resolution. All reimbursed expeditures will be capital expenditures as defined in Section 1.150-1(b) of the Federal Income Tax Regulations. Section 6. The Treasurer is hereby authorized and directed to execute and attest such further documents, instruments and certificates as he may deem necessary or advisable in order to accomplish the purposes of this Resolution. Section 7. All actions heretofore taken by the Treasurer, and the other officers and employees of the County in connection with the Project and the Financing which are not inconsistent with this Resolution are hereby approved, ratified and confirmed. S~,tion 8. This Resolution shall take effect immediately. PASSED AND ADOPTED by the Butte County Board of Supervisors this June 1996, by the following vote: 11th day of AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin NOES: None ABSENT: None ABSTAINED: None (~~ E ~ ~ ((' < ~ ., ~ ~, ~ 1 . Ed McLaughlin, Chair f the Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK Chief Administrative Officer and Clerk of the Board ~. By ', y ~; c~~v.~g> 2