HomeMy WebLinkAbout1986-108
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RESOLUTION NO.
86-108
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SIXTH AMENDMENT TO JOINT EXERCISE OF POWERS
3 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF
SAN BERNARDINO WHICH CREATED THE SAN BERNARDINO PUBLIC SAFETY
4 AUTHORITY TO AUTHORIZE THE AUTHORITY TO ACT AS LESSOR OF ANY
FACILITIES PROJECT TO BE LEASED BY CITY OR COUNTY PURSUANT TO THE
5 JOINT POWERS AUTHORITY AGREEMENT, TO ASSIGN THE AUTHORITY'S
RIGHTS IN SUCH LEASE AGREEMENT TO A TRUSTEE BANK, TO ENTER INTO A
6 TRUST AGREEMENT WITH SAID TRUSTEE BANK TO ENABLE SAID TRUSTEE
BANK TO RECEIVE LEASE PAYMENTS FROM THE CITY OR THE COUNTY, AND
7 TO TAKE ANY AND ALL ACTIONS NECESSARY AND APPROPRIATE TO ASSIST
THE COUNTY OR CITY IN CONNECTION WITH FINANCING FOR THE PROJECT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
9 OF SAN BERNARDINO AS FOLLOWS:
10 SECTION 1. The Mayor of the City of San Bernardino is
11 hereby authorized and directed to execute on behalf of said City
12 a Sixth Amendment to Joint Exercise of Powers Agreement between
13 the City of San Bernardino and the County of San Bernardino which
14 created the San Bernardino Public Safety Authority to authorize
15 the Authority to act as lessor of any facilities project to be
16 leased by City or County pursuant to the Joint Powers Authority
17 Agreement, to assign the Authority's rights in such lease
18 agreement to a trustee bank, to enter into a trust agreement with
19 said trustee bank to enable said trustee bank to receive lease
20 payments from the City or the County, and to take any and all
21 actions necessary and appropriate to assist the County or City in
22 connection with financing for the project, a copy of which is
23 at tached hereto, marked Exhi bi t "A" and incorporated herein by
24 reference as fu lly as though set forth at length.
25 I HEREBY CERTIFY that the foregoing resolution was duly
26 adopted by the Mayor and Common Council of the City of San
27 Bernardino at a reaula.r meeting thereof,
28 held on the 7t-h day of ADril , 1986, by the
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1 fo llowing vote, to wi t:
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9 day of
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AYES:
Council Members Estrada. Reilly. Marks.
Ouiel. Frazier. Strickler
NAYS:
None
ABSENT:
Council Member Hernandez
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/City C erk
The foregoing resolution is hereby approved this //r~
April
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12 Approved as to form:
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MINUTES OF .THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
vI
March 31,1986
FROM:
LYNN KIRKHOFER
Asst. Admin. Officer-Fiscal Mgmt., CAO
SUBJECT: AMENDMENT TO PUBLIC SAFETY AUTHORITY JOINT POWERS
AGREEMENT
RECOMMENDA TION:
No. 86-113
i\dopt resolution! authorizing a Sixth Amendment to the Joint Exercise of Powers
Agreement between the City of San Bernardino and the County of San Bernardino
which created the San Bernardino Public Safety Authority.
The County is a party to a current Joint Powers Agreement with the City of San
Bernardino for the purpose of constructing Public Safety facilities. This authority is
being used as the building lessor for the financing to construct the new Sheriff's
Administra tion building.
It is anticipated that the financing will be completed before the end of April, and it is
necessary to amend the Joint Powers Agreement to include this project..
After the Board has approved the amendment, this office will also secure necessary
action by the San Bernardino City Council to approve the amendment.
LK:va
Attachments
cc w/resolution:
CAO
City of San Bernardino
Sheriff
A & E
Auditor
County Counsel
File
Action of the Board of Supervisors
RESOLUTION NO. 86-113
APPROVED BOARD OF SUPERVISORS
COUNTY OF SAN BERNARDINO
14-9507-000
Rev. 10/81
cond
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MOTION Absent M
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F THE BOARD
ITCI\JI #46
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03/13/86
03/20/86
Z1864
COUNTY OF SAN BERNARDINO
RESOLUTION NO. 86-113
A RESOLUTION APPROVING THE FORM AND AUTHORIZING AND
DIRECTING EXECUTION OF A SIXTH AMENDMENT TO THE JOINT
EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO WHICH
CREATED THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY WHICH
GRANTS ADDITIONAL POWERS TO THE AUTHORITY
RESOLVED, by the Board of Supervisors of the County of San Bernardino
(the "County"):
WHEREAS, the City of San Bernardino (the "City") and the County have,
by a joi nt exerci se of powers agreement, dated as of Aprfl 1, 1968, as
amended (the "Agreement"), created the San Bernardino Public Safety
Authority (the "Authority"); and
WHEREAS, the City and the County both have the power to lease,
acquire, construct, install and equip facilities, constituting both real and
personal property, necessary or appropriate to carry out their public duties
associated with public safety, including but not limited to facilities
required for or related to law enforcement; and
WHEREAS, the County desires at this time to enter into a financing to
lease a new sheriff's administration building, a new sheriff's evidence and
identifi,::ation facility, ~n addition to the existing sheriff's scientific
investigation crime laboratory and related and appurtenant facilities and
equ i pment (the "Project") through the sale and de 1 i very of cert i fi cates of
participation; and
WHEREAS, it is necessary to amend the Agreement so as to authorize the
Authority to act as lessor of the Project to be leased to the County (or as
lessor of a similar project to be leased to the City) pursuant to a lease
agreement, to assign the Authority's rights in such lease agreement to a
trustee bank, to enter into a trust agreement with said trustee bank, to
receive lease payments from the City or the County and to take any and all
act ions necessary and appropri ate to ass i st the County in connect i on wi th
the financing for the Project (or to assist the City in connection with the
financing of a similar project).
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
SECTION 1. A sixth amendment to the Agreement by and between the City
and the County, in the form attached hereto as Exhibit A and incorporated
herein by reference as though set forth in full, be and the same is hereby
approved, and the Chairman, Vice Chairman, Treasurer Tax Collector, Auditor
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'2/-:>1 Joe Jlnr .
Controller Recorder, Chief Administrative OffJcer or any deputy or assistant
of the Chief Administrative Officer designated by the Chief Administrative
Officer is hereby authorized and directed to execute said amendment, with
such insubstantial changes, insertions and omissions as may be approved by
such official, and the Clerk of the Board of Supervisors is hereby
authorized and directed to attest to such official's signature.
PASSED AND ADOPTED by the Board of Supervisors of San Bernardino County,
State of California, by the following vote:
AYES: McElwain, Riordan, Skropos, Hammock
NOES: None
ABSENT: Joyner
* * * * * *
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) SSe
I, MARTHA M. SEKERAK, Clerk of the Board of Supervisors of the County of
San Bernardino, State of California, hereby certify the foregoing to be a
full, true and correct copy of the record of the action taken by said Board
of Supervisors, by vote of the members present, as the same appears in the
Official Minutes of said Board at its meeting of March 31,
t1ARTHA fv1.
Clerk of
By
D
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<"')/"11-..,..
EXHIBIT A
SIXTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO
CREATING THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY
This Amendment, dated for convenience as of 1st day of April, 1986, by
and between the CITY OF SAN BERNARDINO, a municipal corporation of the State
of Cal ifornia (the "City"), and the COUNTY OF SAN BERNARDINO, a body
corporate and politic of the State of California (the "County");
WITNESSETH:
WHEREAS, the City and the County have, by a joint exercise of powers
agreement, dated as of April 1, 1968, as amended (the "Agreement"), created
the San Bernardino Public Safety Authority (the "Authority"); and
WHEREAS, the City and the County' both have the power to lease,
acquire, construct, install and equip facilities, constituting both real and
personal property, necessary or appropriate to carry out their public duties
associated with public safety, including but not limited to faci-lities
required for or related to law enforcement; and
WHEREAS, the County desires at this time to enter into a financing to
lease a new sheriff's administration building, a new sheriff's evidence and
ide n t i f i cat ion fa c i 1 i t y , a n ad d i t ion to the ex i s t.i ng she r iff I s s c i en t i f i c
investigation crime laboratory and related and appurtenant facilities and
equ i pment (the II Project ") through the sa 1 e and de 1 i very of cert if i cates of
participation; and
WHEREAS, the part i es hereto des i re to amend the Agreement so as to
authorize the Authority to act as lessor of the Project to be leased to the
County (or as lessor of a similar project to be leased to the City)
pursuant to a 1 ease agreement, to ass i gn the Authori ty I S ri ghts in such
lease agreement to a trustee bank, to enter into a trust agreement with said
trustee bank, to receive lease payments from the City or the County and to
take any and all actions necessary and appropriate to assist the County in
connection with the financing for the Project (or to assist the City in
connection with the financing of a similar project).
NOW, THEREFORE, the City and the County, for an in consideration of
the mutual promises and agreements herein contained do agree as follows:
Sect ion 1. Amendment to Sect i on 1 of Agreement. The th i rd sentence
of Section 1 of the Agreement is hereby amended by adding at the end of such.
sentence a new subsection (5) to read as follows:
"(5) to leasing, acquiring, constructing, installing and
equipping facilities, constituting both real and personal
property, necessary or appropriate for the City or the County to
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carry out their public duties associated with public safety,
including but not limited to facilities required for or related to
1 aw enforcement, and tak i ng any and a 11 other act ions necessary
and appropriate in connection with a lease financing for such
facilities including, without limitation, assigning the
Authority's rights in and to a lease agreement with the City or
the County with respect to such faci 1 ities to a trustee bank on
behalf of the holders or owners of certificates of participation
evidencing the undivided, proportionate right to receive lease
payments from the City or the County, entering into a trust
agreement with such trustee bank regarding the rights of the
holders or owners of such certificates of participation, entering
into a purchase agreement regarding the sale and delivery of said
certificates of participation and entering into an agency
agreement with the City or the County regarding the acquisition,
construction, installation or equipment of such facilities.1I
Section 2. Amendment to Section 4 of Agreement. The first sentence
of Section 4 of the Agreement is hereby amended by adding at the end of such
sentence a new subsection (5) to read as follows:
11(5) leasing, acquiring, constructing, installing and equipping
facilities, constituting both real and personal property,
necessary or appropriate for the City or the County to carry out
their public duties associated with public safety, including but
not limited to facilities required for or related to law
enforcement, and tak i ng any and all other act ions neces sary and
appropriate in connection with a lease financing for such
facilities including, without limitation, assigning the
Authori ty IS ri ghts in and to a 1 ease agreement wi th the Ci ty or
the County with respect to such faci 1 ities to a trustee bank on
behalf of the holders or owners of certificates of participation
evidencing the undivided, proportionate right to receive lease
payments from the City or the County, entering into a trust
agreement with such trustee bank regarding the rights of the
holders or owners of such certificates of participation, entering
into a purchase agreement regarding the sale and delivery of said
certificates of participation and entering into an agency
agreement with the City or the County regarding the acquisition,
construction, installation or equipment of such facilities.1I
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IN WITNESS WHEREOF, the parties hereto have executed this amendment by
their duly authorized officers, and their official seals to be affixed
hereto as of the date hereinbefore stated:
CITY OF SAN BERNARDINO
By ~/~~ ~J~
Mayor Date: 4/7/86 .
Attest:
[S E A L]
By ~~/~~~,0
./ City Clerk
By
Ch
~
HAR 31 1980
By
I hereby approve the form and 1 e gal i ty 0 f the foregoing Sixth Amendment to
the Agreement this / ,(., day of 1986.
City Attorney
City of San Bernardino
By
I hereby approve the form and legality of the foregoing Sixth Amendment to
the Agreement this 31st day of March , 1986.
County Counsel
County of San Bernardino
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