HomeMy WebLinkAboutCC RESO 95-156RESOLUTION NO. 95-156
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A
HOME AND BUILDING CONTROL AGREEMENT AND
A LEASE -PURCHASE AGREEMENT WITH HONEYWELL, INC.
AND A CONSENT TO ASSIGNMENT TO
LA SALLE NATIONAL BANK, AND AUTHORIZING THE
MAYOR AND STAFF TO EXECUTE RELATED DOCUMENTS
WHEREAS, Section 4217.13 of the Government Code provides that, notwithstand-
ing any other provision of law, a city may enter into a facility financing contract on such terms
as its city council determines are in the best interest of the city if the determination is made at
a regularly scheduled public hearing upon two weeks' notice, and if the governing body finds
that funds for the repayment of the financing are projected to be available from funding which
otherwise would have been used for purchase of electrical, thermal or other energy required by
the city; and
WHEREAS, the City owns several facilities which require significant work to
repair and maintain their heating, ventilation and air conditioning (HVAC) systems; and
WHEREAS, Honeywell, Inc. has presented a proposal based on a review of
several City buildings which deals with the retrofitting of lighting and HVAC systems,
installation of an energy management system, and timely maintenance, repair and replacement
of components; and
WHEREAS, Honeywell, Inc. proposes to retrofit the subject City buildings with
state-of-the-art equipment which is significantly more energy -efficient than existing equipment;
and
WHEREAS, Honeywell, Inc. has guaranteed that the savings in utility costs and
maintenance expenditures will cover the costs of the replacement of the HVAC equipment; and
WHEREAS, the City Council desires to enter into a Home and Building Control
Agreement and Lease -Purchase Agreement with Honeywell, Inc. for the purpose of acquiring
replacement HVAC equipment; and
WHEREAS, the City Council is willing to agree to an assignment of the Lease -
Purchase Agreement to La Salle National Bank; and
WHEREAS, subsequent to the giving of two weeks' public notice, a public hearing
to consider the proposed Home and Building Control Agreement and Lease -Purchase Agreement
with Honeywell, Inc. and related documents, was held by the City Council of the City of
National City in the City Council Chambers, 1243 National City Boulevard, National City, at
4:00 p.m. on November 7, 1995.
Continued on Page Two
Rest rlution No. 95-156
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the City Councilof the City of
National City that the City Council finds that funds for the repayment of the City's obligations
to Honeywell, Inc. under the proposed Home and Building Control Agreement and Lease -
Purchase Agreement are projected to be available from funding which otherwise would have
been used for purchase of electrical, thermal or other energy required by the City.
BE IT FURTHER RESOLVED that the reasonably anticipated amount of qualified
tax-exempt obligations which have been and will be issued by the City of National City does not
exceed $10,000,000 for the calendar year for which the Lease -Purchase Agreement is to be a
qualified "tax-exempt obligation" under Section 265(b)(3) of the Internal Revenue Code.
BE IT FURTHER RESOLVED that the City of National City has taken all
reasonable steps under applicable law for the purchase of the replacement HVAC equipment.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a
Home and Building Control Agreement and Lease -Purchase Agreement with Honeywell, Inc.
for the acquisition of replacement of HVAC equipment, and the Mayor and staff are authorized
to execute other related documents as necessary. Said Home and Building Control Agreement
and Lease -Purchase Agreement and related documents are on file in the Office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a
Consent to Assignment of the Lease -Purchase Agreement to LaSalle National Bank.
PASSED and ADOPTED this 7th day of November, 1995.
ATTEST:
ILo ' Anne Peoples, City Clerk
APPROVED AS TO F RM:
'Z
George H. Eiser, III
City Attorney
iLLi 7
George . Waters, Mayor