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CC RESOLUTION 4424RESOLUTION NO 4424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY POLLUTION CONTROL REVENUE REFUNDING BONDS (CHEVRON U S A INC PROJECT), SERIES 2005 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $19,900,000 FOR THE PURPOSE OF REFINANCING DEBT ISSUED TO FINANCE THE ACQUISITION OF POLLUTION CONTROL FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, the California Municipal Finance Authority (the "Authority ") has been requested by Chevron U S A Inc, a Pennsylvania corporation (the "Corporation "), to issue its bonds (the 'Bonds ") to refund bonds issued to finance the acquisition, construction and installation of those certain water pollution control facilities (the "Facilities ") owned and operated by the Corporation and located within the City of El Segundo, California (the "City), WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code "), the issuance of the Bonds by the Authority must be approved by the City because the Facilities are located within the territorial limits of the City, and WHEREAS, the City Council of the City (the "City Council ") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f) of the Code, and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement'), among certain local agencies, including the City, WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of El Segundo as follows SECTION 1 The City Council hereby approves the issuance of the Bonds by the Authority It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the issuer of the Bonds and the governmental unit having jurisdiction over the area in which the Facilities are located, in accordance with said Section 147(f) and (b) Section 9 of the Agreement SECTION 2 The Mayor, the City Manager, the City Clerk and all other proper officers and officials 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 deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby SECTION 3 This resolution shall take effect immediately upon its adoption PASSED, APPROVED AND ADOPTED this 7th day of ATTEST ( Mb6m M c� CINDY MIORTESEN, CITY CLERK APPROVED AS TO FORM- ,Y MUDO MAYOR MARK D HENS LEY, CITY ATTORNEY�� 2 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CITY OF EL SEGUNDO } I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the foregoing Resolution No 4424 was adopted at a regular meeting of the City Council of the City of El Segundo held on June 7, 2005, by the following vote AYES COUNCILMEMBERS McDowell, Gaines, Boulgarides, Busch, Jacobson NOES COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ABSTAIN COUNCILMEMBERS None o!1'1 �� UINLYY MORTESEN CITY CLERY. 3