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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