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HomeMy WebLinkAbout31-City Attorney 1 2 3 4 5 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 .,/n~/an -3/ 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 12 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: 24 III 25 1/1 26 III 27 /II 28 III 2/06/90 -2- 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 9 10 11 12 13 of 14 15 16 17 18 APPROVED AS TO FORM AND LEGAL CONTENT: 19 JAMES F. PENMAN, 20 City Attorney SHAUNA CLARK, CITY CLERK The foregoing Ordinance is hereby approved this day , 1990. W.R. HOLCOMB, MAYOR 21 22 ~ 24 ~ 26 27 28 ) C/}l'~ Attorney 2/06/90