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HomeMy WebLinkAbout1987-5003 .' SBE00089-1/2294S/nb 3/27/87 ~... "-" RESOLUTION NO. 5003 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, PROVIDING FOR THE SALE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000 OF TAX ALLOCATION BONDS WITH RESPECT TO THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND AUTHORIZING THE PREPARATION OF OFFERING DOCUMENTS AND THE'/ PUBLICATION OF NOTICES TO SELL SAID TAX ALLOCATION BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHEREAS, the Community Development Commission of the City of San Bernardino (the "Community Development Commission") is taking action for the Redevelopment Agency of the Ci ty of San Bernardino (the "Agency"), a redevelopment agency (a public body, corporate and politic), duly created, established and authorized to transact I""'" '- business and exercise its powers, all under and 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 "Law"), and the powers of the Agency include the power to issue bonds, notes or other forms of indebtedness for any of its corporate purposes; and WHEREAS, the Redevelopment Plan for redevelopment proj ect known and designated as the "Central City North Redevelopment Project Area" has been adopted and approved by Ordinance No. 3366 of the City of San Bernardino, Ca 1 i fornia (the "Ci ty"), which became effective on September 10, 1973 (the "Redevelopment Plan"), and all requirements of law for and precedent to the adoption and approval of the Redevelopment Plan have been duly complied with; and - 1 - ;~ '- c WHEREAS, the Agency sha 11 hereafter adopt its resolution approving and providing for the issuance of certain tax allocation bonds for the corporate purposes of the Agency to aid in the financing of a Redevelopment Project known as the Central City North Redevelopment Project Area (the "Project Area"); and WHEREAS, the Agency deems it necessary to authorize at this time the sale of the "Redevelopment Agency of the City of San Bernardino, Central City North Redevelopment Project Area, Tax Allocation Bonds, Issue of 1987", in an aggregate principal amount not to exceed $3,500,000 (the "Bonds") as shall be authorized by the appropriate Resolution of Issuance of the Agency; and WHEREAS, the Agency deems it advisable to approve a financial consultant and bond counsel and to authorize certain actions in connection with the issuance of the Bonds to be issued by the Agency; and WHEREAS, the Agency deems it necessary at this time to authorize the Agency Staff to prepare and publish the appropriate form of the Notice Inviting Bids and Notice of Intention to Sell Bonds and other offering documents for the purchase of said Bonds and to take certain other actions in connection therewith, as shall be further authorized by the Resolution of Issuance of the Agency. - 2 - - NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ........ ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Approval and Appointment of Bond Counsel. The firm of Sabo & Deitsch, a Professional Corporation, is hereby approved, authorized and appointed to serve as Bond Counsel to the Agency in connection with the issuance and sale of the Bonds. Section 2. Approval and Appointment of Financial Consultant. The firm of Miller & Schroeder Financial, Inc., is hereby approved, authorized and appointed to serve as the Financial Consultant to the Agency in connection with the issuance and sale of C the Bonds. Section 3. Sale Authorized. The sale of the "Redevelopment Agency of the Ci ty of San Bernardino, Central Ci ty North Redevelopment Proj ect Area, Tax Allocation Bonds, Issue of 1987", ln an aggregate principal amount not to exceed $3,500,000 in accordance with law, is hereby authorized. Section 4. Notice of Intention to Sell Bonds and Notice Invi ting Bids. The Executive Director, with the assistance of the Financial Consultant and Bond Counsel to the Agency, is hereby authorized and directed to prepare the Notice of Intention to Sell ",- l...- Bonds and the Notice Inviting Bids and the Bid Form for the purchase of the Bonds. - 3 - ~, Section 5. Publ ication of Notice of Intention to Sell '-" Bonds. The Secretary of the Agency shall cause the Notice of Intention to Sell Bonds, in a form as shall be approved by the Executive Director, to be published in The Sun, newspaper published and of general circulation in the City of San Bernardino, California, by at least one (1) insertion and at least ten (10) days prior to the day to be fixed by Bond Counsel for the receipt of bids for said Bonds. The Secretary of the Agency shall also cause the appropriate form of Notice of Intention to Sell Bonds, in a form as shall be approved by the Executive Director, to be published in The Bond Buyer, a financial publication generally circulated throughout the St ate by at least one (1) insert ion at least fifteen (15) days prior to the day to be so fixed by Bond Counsel for the receipt of c: bids for said Bonds. Section 6. Terms and Conditions of Sale. The terms and conditions of the offering and sale of the Bonds shall be specified in said Notice Inviting Bids. Section 7. Official Statement Authorized. The Agency hereby authorizes, to be furnished to prospective bidders for said Bonds and to the successful bidder, a Preliminary Official Statement as prepared by the Financial Consultant' wi th the approval of the Agency Counsel Executive Director/ and Bond Counselor such other appropriate offering documents as shall be prepared by the Financial Consultant Agen cy Couns el with the approval of the Executive Director/ and Bond Counsel "..... ."- substantially in the form of offering documents previously used by - 4 - ... the Agency for prior tax allocation financings. The Agency hereby "-' approves the completion of the Preliminary Official Statement by the inclusion and/or addition of certain dates and other factual information together with such changes, modifications and deletions as shall be deemed appropriate, necessary or desirable by the Agency Counsel Executive Director/and Bond Counsel and as required to convert the same to a Final Official Statement. Section 8. Furnishing of Notice Inviting Bids and The Secretary of the Agency and the Financial Official Statement. Consultant are hereby authorized and directed to cause to be furnished to prospective bidders a reasonable number of copies of the Notice Inviting Bids (including the Bid Form) and a reasonable r~ number of copies of the Preliminary Official Statement or such other '-' appropriate offering documents. Section 9. General Authorization. The Financial Consultant and/or Bond Counsel are hereby authorized and directed to open the bids at the time and place as shall be specified in said Notice Inviting Bids and to present the same to the Agency for consideration. The Financial Consultant and/or Bond Counsel are hereby authorized and directed to receive and record the receipt of all bids made pursuant to said Notice Invi ting Bids, to cause said bids to be examined for compliance with said Notice Inviting Bids, to cause computations to be made as to which bidder has bid the lowest net interest cost to the Agency and to present such bids to ..",- the Agency as provided in said Notice Inviting Bids, along with the - 5 - '-' ,~ report as to the foregoing and any other matters deemed pertinent to the award of the Bonds and the proceedings for the issuance thereof. r'J,0f~ ''-"' c Pursuant to Government Code Section 53691(c)(2), the Agency hereby expressly consents to the submitting of a bid or bids for the sale of the Bonds as set forth in said Notice Invi ting Bids by Miller & Schroeder Financial, Inc., as the Financial Consultant to the Agency, notwithstanding the financial advisory relationship of the Financial Consultant to the Agency as was previously authorized and approved by the Agency. Section 10. This Resolution shall take Effective Date. effect upon adoption. ADOPTED: March 30, 1987 Approved as to Legal Form and Adequacy: By: /!/A41 <: ~~ Counsel to the Comm. 10n AYES: Members Estrada, Reilly, Flores, Maudsley, Quiel, Frazier, Strickler. NAYS: None ABSENT OR ABSTAIN: None. - 6 -