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HomeMy WebLinkAbout1994-118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-118 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF NOT TO EXCEED $10,000,000 SAN BERNARDINO JOINT POWERS AUTHORITY, TAX ALLOCATION BONDS, ISSUE OF 1994 (POLICE STATION FINANCING PROJECT) AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO THAT CERTAIN LOAN AGREEMENT WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a redevelopment agency (a public body, corporate and politic) duly created and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24, commencing with section 33000) of the Health and Safety Code of the State of California (the "Community Redevelopment Law"); and WHEREAS, the City of San Bernardino (the "City") and the Agency have heretofore entered into a Joint Exercise of Powers Agreement establishing the San Bernardino Joint Powers Authority (the "Authority") for the purpose of issuing its bonds to be used to make loans to any of its members to finance public capital improvements; and WHEREAS, the Agency desires to borrow money for the purpose of assisting the city in the construction of a Police station (the "Police station") and for other redevelopment purposes; and WHEREAS, the Authority proposes at this time to issue its San Bernardino Joint Powers Authority, Tax Allocation Bonds, Issue of 1994 (Police station Financing Project) (the "Bonds") 1/1 - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the Mayor and Common Council have duly 27 considered such transaction and documentation and desire at this 28 /1/ 94-118 for the purpose of providing funds to make a certain loan (the "Loan") to the Agency in a total principal amount not to exceed $10,000,000 to assist the city in the construction of the Police station and for other redevelopment purposes; and WHEREAS, the Loan will be made by the Authority to the Agency pursuant to that certain Loan Agreement (the "Loan Agreement"), by and among the Agency and the Authority, a form of which is presently on file with the Secretary of the Agency; and WHEREAS, pursuant to the Community Redevelopment Law, the Agency has the power and authority to borrow moneys for the purpose of funding redevelopment activities; and WHEREAS, the Agency has previously issued its $15,890,000 Tax Allocation Refunding Bonds, 1989 Series A (State College Project No.4) (the "1989 Bonds"); and WHEREAS, the Agency has previously issued its $6,975,000 Tax Allocation Bonds, Series 1990 D (State College Project No.4) (the "1990 Bonds"); and WHEREAS, the Bonds shall be on parity with the 1989 Bonds and 1990 Bonds; and - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Agency of the proceeds derived therefrom pursuant to the Loan 28 III 94-11.8 time to approve said transaction and documentation in the public interests of the city. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Approval of the Authoritv Bonds. The Mayor and Common Council hereby approve the issuance by the Authority of its Bonds in a total principal amount of not to exceed $10,000,000 for the purpose of providing funds to make a certain loan (the "Loan") to the Agency in a total principal amount of not to exceed $10,000,000. The Mayor and Common Council hereby further approve the Loan to the Agency to assist the City in the construction of the Police station and for other redevelopment purposes pursuant to the terms of the Loan Agreement to be entered into by the Agency. SECTION 2. Official Actions. The Mayor and Common Council, the City Clerk, and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and to take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, warrants and other documents which they, or any of them, may deem necessary or advisable in connection with the execution and delivery of the Bonds and the borrowing by the - 3 - 94-118 1 Agreement and any related closing documents, as required, and the 2 consummation of the transaction described herein and therein. 3 / / / 4 /1/ 5 1// 6 / / / 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - 94-118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF NOT TO EXCEED $10,000,000 SAN BERNARDINO JOINT POWERS AUTHORITY, TAX ALLOCATION BONDS, ISSUE OF 1994 (POLICE STATION FINANCING PROJECT) AND THE BORROWING BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF THE PROCEEDS THEREFROM PURSUANT TO THAT CERTAIN LOAN AGREEMENT SECTION 3. Effective Date. The findings and determinations herein shall be final and conclusive. This Resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reoular meeting day of thereof, held on the 16th M"'l' 1994, by the following vote, to wit: council Members Negrete, Curlin, Hernandez, Devlin, AYES: Pope-Ludlam and Miller NAYS: Council Member Oberhelman ABSENT: None a~~ '-eity Clerk The foregoing resolution is hereby approved this 19th May day of , 1994. 2,' --" / ; ---7 e.J;!'2.,/'f[.-tJ"'L Mayor of the City of San Bernardino Approved as to form JAMES F. PENMAN City Attorney and legal content: By: SBBO\0120\DOC\62 5/9/94 - 5 - 94-118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Rachel Clark ci ty Clerk of the city of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor and Common Council of the city of San Bernardino Resolution No. 94-118 is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Mayor and Common Council of the City of San Bernardino this 26th day of May 1994. a Cuo A-d city Clerk City of San Bernardino ~A ,4. &~7e~ !1pd7 b<f (!l~A-k