2005/06/14 City Council Resolution (8)RESOLUTION NO. 2005 -171
RESOLUTION APPROVING CERTAIN ENERGY CONSERVATION MEASURES
AUTHORIZING THE EXECUTION OF AGREEMENTS, SIGNATORIES
AND MAKING OTHER DETERMINATIONS IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of Rohnert Park (the "City ") is authorized pursuant to
Sections 4217. 10 through 4217.18 of the California Government Code (the "Act ") to enter into
energy conservation contracts pursuant to which the City may acquire and finance equipment and
services to reduce energy use or to make for a more efficient use of energy; and
WHEREAS, pursuant to the Act, the City proposes to enter into an agreement with APS Energy
Services (the "APS Contract ") for the acquisition and installation of a mechanical retrofit and
energy management project (the "Project "); and
WHEREAS, Municipal Finance Corporation or
enter into a Lease With Option to Purchase (the
financing for the Project in the approximate an
4.75% annual percentage rate;
its designee (the "Corporation ") has offered to
"Lease ") with the City in order to provide lease
ount of $1,200,000.00 at a rate not to exceed
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as
follows:
Section I. The City Council hereby finds, determines and declares as follows:
(a) The anticipated cost to the City for "Conservation Services" as defined in Section
4217.11(c) of the Act and as provided for by the APS Contract, the Lease and the Project will be
less than the anticipated marginal cost to the City of energy that would have been consumed by
the City in the absence of the Project.
(b) To the extent that the APS Contract and/or the Lease grant easements, rights -of-
way, licenses, rights of access, or other rights in the real property of the City upon which the
Project will be constructed and installed, the difference, if any, between the fair rental value of
such rights and the portion of the rent under the Lease attributable to such rights, is anticipated to
be offset by benefits provided to the City under the APS Contract and the Lease.
(c) Funds for the , payment of amounts due under the Lease are projected to be
available from funding which otherwise would have been used for the purchase of energy required
by the City in the absence of the Project.
SECTION 2, Lease with Option to Purchase. The Mayor, City Manager or a designee is
hereby authorized to enter into a Lease with Option to Purchase (the "Lease ") with the
Corporation to finance the Property, subject to approval as to form by the City Attorney.
SECTION 3. Attestations. The Clerk or other appropriate City officer are hereby
authorized and directed to attest the signature of the Mayor or City Manager or of such other
person or persons as may have been designated by the Mayor or City Manager, and to affix and
attest the seal of the City, as may be required or appropriate in connection with the execution and
delivery of the Lease.
SECTION 4. Other Actions. The Mayor, City Manager and other officers of the City are
each hereby authorized and directed, jointly and severally, to take any and all actions and to
execute and deliver any and all agreements, documents and certificates which they may deem
necessary or advisable in order to carry out, give effect to and comply with the terms of this
Resolution and the Lease. Such actions are hereby ratified, confirmed and approved.
SECTION 5. Effect. This Resolution shall take effect immediately upon its passage.
The foregoing Resolution was adopted by the following vote of the City Council of the
City of Rohnert. Park, at a regular meeting thereof duly called and held on
June 14 .2005:
CITY- OF ROHNERT PARK
Mayor Jape Mackenzie
FLORES: AYE SMIM: A,YE SPRADLIN: ABSENT VI DAK MARTINEZ: AYE MACKENZIE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)