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HomeMy WebLinkAbout16-City Treasurer CITY OF SAN BERNAQ,INO - REQUEST F~ COUNCIL ACTION FrO CRAIG A. GRAVES, City Treasurer Dept: City Treasurer's Office Su~e~: Authorization for Issuance of Bonds, Bond Purchase Agreement and approving form of documents for Assessment District No. 995 (Verdemont Area Comm. Facilities) Da~: October 18, 1990 Synopsis of Previous Council action: 4-16-90- Adopted Resolution of Intention to establish the District No. 995. 6-18-90- Adopted Resolution forming the District 7-02-90- Adopted Resolutions confirming Election Results and Validating Ordinance MC-735 7-16-90- Adopted Ordinance MC-735 authorizing levy of Special Tax 8-20-90- Authorized agreement for Appraisal Services Recommended motion: o Adopt Resolution Cont~ person: Craig A. Graves Phone: 5021 cc: Shauna Edwins, City Administrator Andrew Green, Finance Director James Penman, City Attorney Roger Hardgrave, Public Works Supporting data attached: Yes Ward: Fifth Bond Proceeds for Community Facilities Oil No~s: Amount: $11,000,000 the Verdemont Area Distn.ct Source: 251-673-53925 Finance: -\ \ -- ~) ",--------- FUNDING REQUIREMENTS: 75.0262 Agenda Item NO.--1P - CITY OF SAN BERNACbINO - REQUEST Fo:J COUNCIL ACTION o o o 75.0264 STAFF REPORT Attached is the Resolution of Issuance for the sale of no more than $11,000,000 in bonds for the Verdemont Area Community Facilities District (Assessment District No. 995). It also allows for the approval of the Bond Purchase Agreement, Fiscal Agent Agreement, the Mitigation Agreement and the preliminary Official Statement. The approval for the sale of bonds will allow the Verdemont Instrature Fees to be paid and then the Public Works Department can proceed. 0 2 3 4 5 6 7 8 9 10 OH 15 c:J27 28 - o o RESOLUTION NO. __ RESOLUTION OF THE CITY OF SAN BERNARDINO A RESOLUTION OF THE CITY OF SAN BERNARDINO, AS THE LEGISLATIVE BODY OF CITY OF SAN BERNARDINO COMMUNITY 'FACILITIES DISTRICT NO. 995 (VERDEMONT AREA), AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $11,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 995 (VERDEMONT AREA) SPECIAL TAX BONDS, SERIES 1990A, APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN AGREEMENTS RELATED THERETO AND AUTHORIZING THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO WHEREAS, pursuant to a resolution entitled "A II 12 Resolution of the City of San Bernardino Establishing Community Facilities District No. 995 (Verdemont Area), 13 Providing for A Special Tax To Pay For Certain Public Facilities Within Such Community Facilities District And Calling a Special Election To Submit To The Qualified Electors 16 within such Community Facilities District The Question of 17 Levying Such Special Tax" adopted by the Mayor and Common 18 Council on June 18, 1990, a special election was duly held in 19 20 City of San ~ernardino Community Facilities District No. 995 (Verdemont Area) (the "District") on June 26, 1990, at which 21 22 election there was submitted to the qualified voters of the District, as hereafter defined, the following bond proposition: 23 PROPOSITION (A): Shall City of San Bernardino Community Facilities District No. 995 (Verdemont Area) be authorized to finance certain public facilities, including all or a portion of the Verde~ont Area infrastructure development fee, representing the acquisition, construction 24 25 26 10/16/90 (Date prepared) 0 2 3 4 5 6 7 8 9 10 II 12 13 - 0 14 15 16 17 18 19 20 21 22 23 24 25 26 027 28 RESOLUTION OF o ISSUANCE AND APPROVING o DOCUMENTS and installation of full-width street improvements, including full-width paving, curbs and gutters, sidewalks, street lights, sewer mains, storm drains, catch basins, together with auxiliary structures and appurtenances and including the acquisition of all necessary easements and rights-of-way, and school facilities to serve the development within the Verdemont Area of the City of San Bernardino, by incurring a bonded indebtedness in the principal amount of $11,000,000 and shall an appropriations limit in the amount of $1,100,000 per fiscal year in connection therewith be established for the Community Facilities District, and shall a special tax with a maximum rate and method of apportionment as provided in Exhibit C to Resolution No. 90-140 adopted by the Common Council of the City of San Bernardino on April 16, 1990, which is incorporated by reference herein, be levied to pay for such facilities, including the payment of current and future principal of and interest on such bonds and the annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? WHEREAS, more than two-thirds of the votes cast at the election were cast in favor of incurring a bonded indebtedness and levying the special tax and the District is now authorized to issue bonds, in an aggregate principal amount of not to exceed $11,000,000, for the purposes set forth in Proposition (A); and WHEREAS, no bonds authorized pursuant to such . election have been issued and sold; and WHEREAS, the Mayor and Common Council of the City of San Bernardino (the "Mayor and Common Council"), as the legislative body of the District, propose to issue up to $11,000,000 aggregate principal amount of a series of such / / / / / / 10/16/90 2 3891m 0 2 3 4 5 6 7 8 9 10 II 12 -~ .t.. - RESOLUTION OF ISSU~CE AND APPROVING o DOCUMENTS bonds of the District, to be designated as -City of San Bernardino Community Facilities District No. 995 (Verdemont Area) Special Tax Bonds, Series 1990A- (the -Bonds-) pursuant to a Fiscal Agent Agreement, executed by the Mayor and Common Council on behalf of the District, and First Interstate Bank, Ltd. (such Fiscal Agent Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the -Fiscal Agent Agreement-); WHEREAS, Prudential-Bache Capital Funding (the -Underwriter-) has submitted a proposal, in the form of a Bond Purchase Agreement, to purchase the Bonds (such Bond 13 Purchase Agreement in the form presented to this meeting, c:J 14 with such changes, insertions and omissions as are made 15 pursuant to this Resolution, being referred to herein as the o 27 16 -Purchase Agreement-); 17 WHEREAS, in order to provide for the payment of the 18 school facilities fees to be paid with a portion of the 19 proceeds of the Bonds, the Mayor and Common Council, as the 20 legislative body of the District, propose to enter into a 21 School Fee Mitigation Agreement with the San Bernardino City 22 Unified School District (such School Fee Mitigation 23 Agreement, in the form presented to this meeting, with such 24 changes, insertions and omissions as are made pursuant to 25 this Resolution, being referred to herein as the -Mitigation 26 Agreement-); WHEREAS, there have been prepared and submitted to 28 this meeting forms of: 10/16/90 3 3891m 0 2 3 4 5 6 7 8 9 10 II 12 13 0 14 15 16 17 .-- - ~- - RESOLUTION OF ISSU~CE AND APPROVING o DOCUMENTS (1) the Fiscal Agent Agreement; (2) the Mitigation Agreement; (3) the Purchase Agreement; and (4) the Preliminary Official Statement to be used in connection with the offering and sale of the Bonds (such preliminary Official Statement in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the .Preliminary Official Statement"); WHEREAS, the District desires to proceed to issue and sell up to $11,000,000 aggregate principal amount of the Bonds and to authorize the execution of such documents and the performance of such acts and the establishment of certain financing parameters as may be necessary or desirable to effect the issuance and sale of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND 18 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 19 section 1. For purposes of this Resolution, all 20 capitalized terms not defined herein shall have the meanings 21 assigned to them in the Fiscal Agent Agreement. 22 Section 2. Subject to the provisions of Section 3 23 hereof, the issuance of the Bonds, in the aggregate principal 24 amount of not to exceed $11,000,000, on the terms and 25 conditions set forth in, and subject to the limitations 26 specified in, the Fiscal Agent Agreement, is hereby c:J 27 authorized and approved. The Bonds shall be dated, shall 28 bear interest at the rates, shall mature on the dates, shall 10/16/90 4 389lm 4l. ~ ~ RESOLUTION OF o ISSUANCE AND APPROVING o DOCUMENTS c:; be issued in the form, shall be subject to redemption, and 2 shall be as otherwise provided in the Fiscal Agent Agreement, 3 as the same shall be completed as provided in this Resolution. 4 Section 3. The maximum Special Tax on any parcel 5 within the District, as determined by the Rate and Method of 6 Apportionment attached as Exhibit C to Resolution No. 90-247 7 adopted by the Mayor and Common Council on June 18, 1990, 8 shall be restricted to escalation by a factor of not to 9 exceed 1\ over the maximum Special Tax in the preceding year. 10 Section 4. The Fiscal Agent Agreement, in II substantially the form submitted to this meeting and made a 12 part hereof as though set forth in full herein, be and the 13 same is hereby approved. The Mayor of the City of San c:; 14 Bernardino (the NMayorN) and the City Clerk of the City of 15 San Bernardino (the NCity ClerkN) are, and each of them is, 16 hereby authorized and directed, for and in the name of the 17 District, to execute and deliver the Fiscal Agent Agreement 18 in the form presented to this meeting, with such changes, 19 insertions and omissions as the City Attorney of the City of 20 San Bernardino (the NCity AttorneyN) and Orrick, Herrington & 21 Sutcliffe (NBond CounselN) may require or approve, such 22 requirement or approval to be conclusively evidenced by the 23 execution of the Fiscal Agent Agreement by the Mayor; 24 provided, however, that such changes, insertions and 25 omissions shall not authorize an aggregate principal amount 26 of Bonds in excess of $11,000,000, shall not result in a c:; 27 maximum average coupon on the Bonds in excess of ____\ per 28 III 10/16/90 5 3891m .~ & ~ - o RESOLUTION OF ISSUANCE AND APPROVING o DOCUMENTS c:; annum, and shall not result in the Bonds having a maturity 2 date later than 30 years from their date of issuance. 3 Section 5. The Purchase Agreement, in 4 substantially the form submitted to this meeting and made a 5 part hereof as though set forth in full herein, be and the 6 same is hereby approved. The Mayor is hereby authorized and 7 directed, for and in the name of the District, to execute the 8 Purchase Agreement in the form presented to this meeting, 9 with such changes, insertions, and omissions as the City 10 Attorney and Bond Counsel may require or approve, such II requirement or approval to be conclusively evidenced by the 12 execution of the Purchase Agreement by the Mayor; provided, 13 however, that the purchase price of the Bonds shall not be c:; 14 less than ____i of the aggregate par value thereof. 15 Section 6. The Mitigation Agreement, in 16 substantially the form submitted to this meeting and made a 17 part hereof as though set forth in full herein, be and the 18 same is hereby approved. The Mayor and the City Clerk are, 19 and each of them is, hereby authorized and directed, for and 20 in the name of the District, to execute the Mitigation 21 Agreement in the form presented to this meeting, with such 22 changes, insertions and omissions as the City Attorney and 23 Bond Counsel may require or approve, such requirements or 24 approval to be conclusively evidenced by the execution of the 25 Mitigation Agreement by the Mayor. 26 Section 7. The Preliminary Official Statement, in c:J 27 substantially the form presented to this meeting and made a 28 part hereof as though set forth in full herein, with such 10/16/90 6 3891m - RESOLUTION OF ISSU~CE AND APPROVING o DOCUMENTS c:J changes therein as may be approved by the Mayor, be and the 2 same is hereby approved, and the use of the Preliminary 3 Official Statement in connection with the offering and sale 12 13 0 14 15 16 17 18 19 20 21 22 23 24 4 of the Bonds is hereby authorized and approved. 5 section 8. The preparation and delivery of a final 6 Official Statement, and its use by the Underwriter in 7 connection with the offering and sale of the Bonds (the 8 "Official Statement"), be and the same is hereby authorized 9 and approved. The Official Statement shall be in 10 substantially the form of the Preliminary Official Statement II with such changes, insertions and omissions as may be approved by the Mayor, such approval to be conclusively evidenced by the execution and delivery thereof. The Mayor is hereby authorized and directed to execute the final Official Statement and any amendment or supplement thereto, for and in the name of the District, and thereupon to cause the final Official Statement and any such amendment or supplement to be delivered to the Underwriter. Section 9. The Mayor, the City Clerk, the Treasurer and the City Administrator are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the issuance of the Bonds and the transactions 25 contemplated by the Fiscal Agent Agreement, the Purchase 26 Agreement, the Mitigation Agreement, the Official Statement c:; 27 and this Resolution. 28 III 10/16/90 7 3891m RESOLUTION OF ISSU~E AND APPROVING o DOCUMENTS o Section 10. All actions heretofore taken by the 2 Mayor, the City Clerk, the Treasurer and the City 3 Administrator with respect to the issuance and sale of the 4 Bonds, or in connection with or related to any of the 5 agreements referenced herein, are hereby approved, confirmed 6 and ratified. 7 Section 11. This Resolution shall be effective 8 upon adoption. 9 I I I 10 I I I 11 I I I 12 I I I 13" I I I o 14 I I I 15 I I I 16 I I I 17 I I I 18 I I I 19 I I I 20 III 21 I I I 22 III 23 I I I 24 III 25 III 26111 027 III 28 III 10116/90 8 389lm o 0 RESOLUTION OF ISSUANCE AND APPROVING DOCUMENTS c:J I HEREBY CERTIFY that the foregoing resolution was 2 duly adopted by the Mayor and Common Council of the City of meeting thereof, held on the , 1990, by the following vote, to wit: 3 San Bernardino at a 4 _ day of 5 6 Council Memhers: 7 8 ESTRADA 9 REILLY 10 FLORES 11 MAUDSLEY 12 MINOR 13" POPE-LUDLAM 0 14 MILLER 15 16 ~ ~ ABSTAIN 17 City Clerk 18 19 The foregoing resolution is hereby approved this 20 _ day of , 1990. 21 22 w. R. Holcomh, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 0 27 By: C""'~ 7 14.~ 28 ~i . 10/1/90 9 3891m