HomeMy WebLinkAbout1989-421
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RESOLUTION NO. 89-421
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN
3 BERNARDINO HOSPITAL REVENUE REFUNDING BONDS (SAN BERNARDINO
COMMUNITY HOSPITAL), SERIES 1989, THE EXECUTION AND DELIVERY OF
4 AN INDENTURE, LOAN AGREEMENT, ESCROW AGREEMENT, BOND PURCHASE
CONTRACT AND OFFICIAL STATEMENT, AND AUTHORIZING CERTAIN OTHER
5 ACTIONS IN CONNECTION THEREWITH.
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WHEREAS, the City of San Bernardino (the "City") is a
7 municipal corporation and charter ci ty, duly organized and
8 existing under a freeholders' charter, pursuant to which the City
9 has the right and power to make and enforce all laws and
10 regulations in respect to municipal affairs and certain other
11 matters in accordance with, and as more particularly provided in,
12 Sections 3, 5 and 7 of Article XI of the Constitution of the
13 State of California and Section 40 of the Charter of the City
14 (the" Charter" );
15 WHEREAS, the Common Council of the City (the "Council"),
16 acting under and pursuant to the powers reserved to the City
17 under Sections 3, 5 and 7 of Article XI of the Constitution of
18 the State of California and Section 40 of the Charter, has
19 established by the adoption of Ordinance No. 3815 of the City, as
20 amended (the "Law") and its resolution No. 85-260, a procedure
21 for the authorization, issuance and sale of revenue bonds by the
22 City, for the purpose, inter alia, of providing financing for
23 health facilities as specified therein;
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WHEREAS, the Council, in 1985 pursuant to the Law,
25 authorized the issuance of City of San Bernardino Insured
26 Hospital Revenue Bonds (San Bernardino Community Hospital),
27 Series 1985A (the "1985 Bonds");
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DAB/ses
October 11, 1989
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1 RESOLUTION...AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN
BERNARDINO HOSPITAL REVENUE REFUNDING BONDS (SAN BERNARDINO
2 COMMUNITY HOSPITAL), SERIES 1989...AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH.
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WHEREAS, San Bernardino Community Hospital, a California
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nonprofit public benefit corporation (the "Corporation"), has
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requested the assistance of the City to allow for the refunding
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of the 1985 Bonds;
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WHEREAS, the Law allows the City to issue revenue bonds for
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the purpose of refunding the 1985 Bonds, and the Council desires
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that the City issue revenue refunding bonds, designated as "City
of San Bernardino Hospital Revenue Refunding Bonds (San
Bernardino Community Hospital) Series 1989" (the "Bonds"), in an
aggregate principal amount not to exceed forty million dollars
($40,000,000), for the purpose of refunding the 1985 Bonds;
WHEREAS, assisting in the refunding of the 1985 Bonds, the
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proceeds of which were used to finance health facilities of the
Corporation all located solely within the City, promotes the
purposes of the Law, is in the public interest, serves a public
purpose, promotes the health, welfare and safety of the Citizens
of the City, and constitutes a municipal affair;
WHEREAS, pursuant to Section 147(f) of the Internal Revenue
Code of 1986 (the "Code"), the Bonds are required to be approved,
following a public hearing, by an elected representative of the
issuer of the Bonds and an elected representative of the
governmental unit having jurisdiction over the area in which the
facilities relating to the refunding project are located;
WHEREAS, the facilities relating to the refunding project
are located wholly within the City;
DAB/ses
October 11, 1989
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1 RESOLUTION...AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN
BERNARDINO HOSPITAL REVENUE REFUNDING BONDS (SAN BERNARDINO
2 COMMUNITY HOSPITAL), SERIES 1989...AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH.
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WHEREAS, the Council is the elected legislative body of the
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City and is the applicable elected representative required to
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approve the issuance of the Bonds within the meaning of Section
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147(f) of the Code;
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WHEREAS, pursuant to Section 147(f) of the Code, the
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Council has, following notice duly given, held a public hearing
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regarding the issuance of the Bonds, and now desires to approve
the issuance of the Bonds;
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WHEREAS, all acts, conditions and things required by the
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Law, and by all other laws of the State of California, to exist,
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have happened and have been performed pursuant to and in
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connection with the issuance of the Bonds, exist, have happened,
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and have been performed in regular and due time, form and manner,
as required by law, and the City is now duly authorized and
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empowered, pursuant to each and every requirement of law, to
issue the Bonds for the purpose, in the manner and upon the terms
herein provided;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
City of San Bernardino, as follows:
SECTION 1.
The Council does hereby find and declare
that the above recitals are true and correct and that the
issuance of the Bonds is a municipal affair and a proper public
purpose.
SECTION 2.
Pursuant to the Law, the Bonds shall be
issued in an aggregate principal amount not to exceed forty
DAB/ses
October 11, 1989
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1 RESOLUTION...AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN
BERNARDINO HOSPITAL REVENUE REFUNDING BONDS (SAN BERNARDINO
2 COMMUNITY HOSPITAL), SERIES 1989...AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH.
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million dollars ($40,000,000).
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SECTION 3.
The proposed form of indenture, dated as of
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November 1, 1989, between the City and Security Pacific National
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Bank, as trustee (the "Indenture"), presented at this meeting, is
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hereby approved. The Mayor, City Administrator or the authorized
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representative of either of them and City Clerk or Deputy City
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Clerk are hereby authorized and directed, for and in the name of
and on behalf of the City, to execute, acknowledge and deliver to
Security Pacific National Bank, as trustee selected by the
Corporation, which institution shall be reasonably acceptable to
the City) (the "Trustee"), an Indenture in substantially said
form, with such changes therein as the officers executing the
same, with the advice of the City Attorney, may approve, such
approval to be conclusively evidenced by the execution and
delivery thereof.
The date, maturity dates, interest rate or
rates, interest payment dates, denominations, forms, registration
privileges, manner of execution, place or places of payment,
terms of redemption and other terms of the Bonds shall be as
provided in said Indenture as finally executed.
SECTION 4.
The proposed form of loan agreement, dated
as of November 1, 1989, between the City and the Corporation (the
"Loan Agreement"), presented at this meeting, is hereby approved.
The Mayor, City Administrator or the authorized representative of
either of them and the City Clerk or Deputy City Clerk are hereby
authorized and directed to execute and deliver such Loan
DAB/ses
October 11, 1989
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1 RESOLUTION...AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN
BERNARDINO HOSPITAL REVENUE REFUNDING BONDS (SAN BERNARDINO
2 COMMUNITY HOSPITAL), SERIES 1989...AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH.
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Agreement, for and in the name of and on behalf of the City, with
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such changes therein as the officers executing the same, with the
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advice of the City Attorney, may approve, such approval to be
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conclusively evidenced by the execution and delivery thereof.
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SECTION 5.
The proposed form of escrow agreement, dated
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as of November 1, 1989, among the City, the Corporation and
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Security Pacific National Bank (the "Escrow Agreement"),
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presented at this meeting, is hereby approved.
The Mayor, City
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Administrator or the authorized representative of either of them
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and the City Clerk or Deputy City Clerk are hereby authorized and
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directed to execute and deliver such Escrow Agreement, for and in
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the name of and on behalf of the City, with such changes therein
as the officers executing the same, with the advice of the City
Attorney, may approve, such approval to be conclusively evidenced
by the execution and delivery thereof.
SECTION 6.
The proposed form of bond purchase contract,
to be dated as of the date of the sale of the Bonds, between the
City and Rauscher Pierce Refsnes, Inc. (the "Bond Purchase
Contract"), presented at this meeting, is hereby approved. The
Mayor, City Administrator or the authorized representative of
either of them is hereby authorized and directed to approve the
final terms of the sale of the Bonds, provided that the net
interest cost of the Bonds shall not exceed twelve percent (12%),
and to evidence the City's acceptance of the offer made thereby
by executing and delivering the Bond Purchase Contract, in
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October 11, 1989
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1 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN
BERNARDINO HOSPITAL REVENUE REFUNDING BONDS (SAN BERNARDINO
2 COMMUNITY HOSPITAL), SERIES 1989...AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH.
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substantially said form, with such changes therein as the officer
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executing the same, with the advice of the City Attorney, may
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require or approve, such approval to be conclusively evidenced by
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the execution and delivery thereof.
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SECTION 7.
The proposed form of official statement to
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be used in connection with the offer and sale of the Bonds (the
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"Official Statement"), presented at this meeting, is hereby
adopted and approved.
The Mayor, City Administrator or the
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authorized representative of either of them is hereby authorized
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and directed to execute and deliver the same, with such changes
therein as the officer executing the same, with the advice of the
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City Attorney, may require or approve, such approval being
conclusively evidenced by the execution and delivery thereof.
Rauscher Pierce Refsnes, Inc. is hereby authorized to distribute
copies of the Official Statement in preliminary form and to
distribute copies of the Official Statement in preliminary form
and to distribute copies of the Official Statement as finally
executed, to persons who may be interested in the purchase of the
Bonds, and is directed to deliver such copies to all actual
purchasers of the Bonds.
SECTION 8.
Forms of the proposed Indenture, Loan
Agreement, Escrow Agreement, Bond Purchase Contract and Official
Statement are on file in the Office of the City Clerk.
SECTION 9.
The Bonds in an aggregate principal amount
not to exceed forty million dollars ($40,000,000) shall be
DAB/ses
October 11, 1989
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1 RESOLUTION...AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN
BERNARDINO HOSPITAL REVENUE REFUNDING BONDS (SAN BERNARDINO
2 COMMUNITY HOSPITAL), SERIES 1989...AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH.
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executed by the facsimile signature of the Mayor or City
Administrator.
The facsimile signature of the City Clerk or
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Deputy City Clerk, in forms set forth in and otherwise in
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accordance with the Indenture.
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SECTION 10.
The Bonds, as executed, shall be delivered
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to the Trustee for authentication.
The Trustee is hereby
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requested and directed to authenticate the Bonds by executing the
Trustee's certificate of authentication appearing thereon, and to
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deliver the Bonds, when duly executed and authenticated, to the
purchasers thereof, in accordance with written instructions
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executed on behalf of the City by the Mayor, City Administrator
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or the authorized representative of either of them, which
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instructions said officer is hereby authorized and directed, in
the name of and on behalf of the City, to execute and deliver to
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the Trustee. Said instructions shall provide for the delivery of
the Bonds to Rauscher Pierce Refsnes, Inc. upon payment of the
purchase price thereof.
SECTION 11.
Pursuant to Section 147(f) of the Code, the
Council hereby approves the issuance of the Bonds.
It is the
purpose and intent of the Council that this resolution constitute
approval of the issuance of the Bonds by the applicable elected
representative of the issuer and the applicable elected
representative of the governmental unit having jurisdiction over
the area in which the facilities relating to the refunding
project are located, in accordance with said Section 147(f).
DAB/ses
October 11, 1989
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1 RESOLUTION...AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN
BERNARDINO HOSPITAL REVENUE REFUNDING BONDS (SAN BERNARDINO
2 COMMUNITY HOSPITAL), SERIES 1989...AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH.
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SECTION 12.
The officers of the City are hereby
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authorized and directed, jointly and severally, to do any and all
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things to execute and deliver all documents which they may deem
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necessary or advisable in order to consummate the issuance, sale
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and delivery of the Bonds, and otherwise to effectuate the
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purposes of this Resolution.
SECTION 13.
This Resolution shall take effect
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immediately upon its passage.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
reaular
meeting thereof, held on the ~th
day of
O~tnher , 1989, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
None
c~~~~~
City Clerk '
of
The foregoing resolution is hereby appro~ ~ this
/
/7CL day
, 1989.
October
//;~//1
/d
w. R(.~ H
City
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B~
DAB/ses
October 11, 1989
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