Resolution 12279CITY OF ALAMEDA RESOLUTION NO. 12279
GUARANTEEING ADHERENCE TO I.R.S. CODE REGULATIONS,
CONFORMANCE WITH GUIDELINES ISSUED BY THE STATE
TREASURER, AND TO HOLD HARMLESS AND INDEMNIFY THE
CALIFORNIA TRANSPORTATION COMMISSION, CALIFORNIA
DEPARTMENT OF TRANSPORTATION, AND STATE TREASURER, FOR
PROPOSITION 116 FUNDS
WHEREAS, the electorate enacted Proposition 116, the Clean Air
and Transportation Improvement Bond Act of 1990, in the June, 1990
election authorizing the sale of General Obligation'Rail Bonds for
water-borne ferry operation purposes; and
WHEREAS, Public Utilities Code (PUC) section 99651, as added
by Proposition 116, provided that $20,000,000 shall be allocated to
fund a program of competitive grants to local agencies for the
construction, improvement, acquisition, and other capital
expenditures associated with water-borne ferry operations for the
transportation of passengers or vehicles, or both; and
WHEREAS, the City of Alameda has submitted a Proposition 116
project Application for $2,964,000 for the two projects identified
as:
(1) Alameda Oakland Ferry Vessel Acquisition, and
(2) Ferry Terminal Upgrade
WHEREAS, the California Transportation Commission (CTC) has
adopted Resolution PA-91-05, the Proposition 116 Project
Application submitted by the City of Alameda; and
WHEREAS, the California Transportation Commission (CTC) has
adopted Resolution BFP-91-20, Allocations for Mass Transportation
Projects which resolves that:
a. The CTC, acting on behalf of the State, declares its
official intent to cause and approve the issuance of up
to $2,964,000 of taxable or tax-exempt State General
Obligation Rail Bond funds under Proposition 116, to
reimburse the City of Alameda for the projects described
in Attachment A; and
b. This Resolution is intended by the CTC to be a
declaration of official intent of the State within the
meaning of U.S. Treasury Regulations Section 1.103-17(c)
with respect to the project; and
0
Ct.
51)
c. The CTC intends that this Resolution will be continuously
available to the public for inspection during normal
business hours at 1120 N Street Office, Sacramento,
California, commencing not later than two weeks after the
adoption of this Resolution; and
d. That the City of Alameda shall provide a guarantee in the
form of a resolution, delivered to the CTC prior to the
execution of a fund transfer agreement, said guarantee to
be incorporated within said fund transfer agreement;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Alameda guarantees that it shall:
a. Adhere to the applicable Internal Revenue Service tax
regulations;
b. Conform to guidelines which may be issued in the future
by the State Treasurer regarding the use of funds derived
from bond sales;
c. Hold harmless and indemnify the CTC, the California
Department of Transportation, and the State Treasurer
against any penalties or costs related to the failure of
the City of Alameda to meet these commitments.
BE IT FURTHER RESOLVED that the City Clerk shall deliver to
CTC and Caltrans a copy of this resolution.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 7th day of
July , 1992, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of July , 1992.
, d
\ 2
')Y111/21j 'AS
Diane'B).—Felsch, City Clerk
City of Alameda