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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AUTHORIZING THE WEST
END WATER DEVELOPMENT, TREATMENT AND CONSERVATION JOINT POWERS
AUTHORITY TO ISSUE REVENUE BONDS IN AN AMOUNT NOT TO EXCEED
$75,000,000.
6 WHEREAS, the West San Bernardino County Water District (the
7 "District"), the City of Rialto and the City of San Bernardino
8 acting by and through its Board of Water Commissioners entered into
9 a Joint Exerc1se of Powers Agreement dated as of the 21st day of
10 April, 1989 (the "Agreement") creating the West End Water
11 Development, Treatment and Conservation Joint Powers Authority,
12 (the "Author1ty") pursuant to the provisions of Article I, Chapter
13 5, Division 7, Title I of the Government Code of the State of
14 California (the "Act"); and
15 WHEREAS, the purpose of the Authority is to undertake projects
16 to develop and conserve water supplies; and
17 WHEREAS, the Authority proposes to construct the Lytle Creek
18 Water Treatment Plant and related water facilities as may from time
19 to time be approved by the Authority (the "Facilities") and lease
20 the Facilities to one or more of the members of the Authority; and
21 WHEREAS, in order to finance the acquisition of said
~ Facilities, the Authority desires to issue revenue bonds as
~ provided in the Act; and
24 WHEREAS, pursuant to Section 6547 and 6547.5 of the Government
25 Code of the State of Cal ifornia, the power of the Authority to
26 issue revenue bonds shall not be exercised until authorized by the
27 parties of the Joint Exercise of Powers Agreement that are
28 obligated to make payments to be applied to the payment of the
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ORDINANCE At )RIZING THE WEST END WATER DEVI PMENT, TREATMENT AND
CONSERVATION JOINT POWERS AUTHORITY TO ISSUE rtiVENUE BONDS IN AN AMOUNT NOT
TO EXCEED $75,000,000.
1 revenue bonds; and
2 NOW, THEREFORE, the Mayor and Common Council of the City of
3 San Bernardino DO ORDAIN as follows:
4 SECTION ONE: The Authori ty ; s authori zed to ; ssue revenue
5 bonds ; n an amount not to exceed $75,000,000 for the purpose of
6 constructing and financing the Facilities.
The Authority will
7 lease the Facilities or components thereof to one or more of the
8 members of the Authority. The bonds are to be secured from, and
9 only from, lease payments to be made by the leasing members to the
10 Authority pursuant to lease agreements to be entered into by and
11 between the Authority and the respective members.
SECTION TWO:
This
Ordinance
shall
be
SUbject
the
to
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13 provisions for referendum described in Sections 4050 et seq. of the
14 Elections Code of the State of California.
15 SECTION THREE: Pursuant to Article IX of the Charter of the
16 City of San Bernardino, the lease of any Facilities constructed by
17 the Authority in which the City of San Bernardino agrees to
18 participate shall be through the Board of Water Commissioners and
19 be secured by the Water Fund.
20 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted
21 by the Mayor and Common Council of the City of San Bernardino at
~ a meeting thereof, held on the
~ day of , 1990, by the following vote to wit:
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2/06/90
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ORDINANCE At'- ",)RIZING THE WEST END WATER DEVF' ~PMENT, TREATMENT AND
CONSERVATIO~ ,JINT POWERS AUTHORTIY TO ISSUE . ~VENUE BONDS IN AN AMOUNT NOT
TO EXCEED $75,000,000
1 Council Members: ~ NAYS ABSTAIN
2 ESTRADA
3 REILLY
4 FLORES
5 MAUDSLEY
6 MINOR
7 POPE-LUDLAM
8 MILLER
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18 APPROVED AS TO FORM
AND LEGAL CONTENT:
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JAMES F. PENMAN,
20 City Attorney
SHAUNA CLARK, CITY CLERK
The foregoing Ordinance is hereby approved this
day
, 1990.
W.R. HOLCOMB, MAYOR
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C/}l'~
Attorney
2/06/90