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HomeMy WebLinkAboutRS1-Economic Development Agency . e e ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REQllEST_FDR.cOMMISSIQJ\/lCOIINcn. ACTION FROM: TIMOTHY C. STEINHAUS Agency Administrator SUBJECT: SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS, 1997 SERIES A FRED WILSON Acting City Administrator (g(Q)[?)"L( DATE: May 29,1997 Synopsis of Previouu:ommissioJ1LCJlundIlCllJnJDlttee~ctillJ1(S); N/A Recommended.Motion(s): (May_orand CllJnJDon.CounciI) MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING CERTAIN LEASE AGREEMENTS, THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO AND THE TRANSFER OF CERTAIN PROPERTY TO THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY. (Motions Continued on Next Page) (~~ nifi'~N Acting City Administrator TIMOTHY C. STEINHAUS Agency Administrator Contact Person(s): Iimoth.}'C....Steinhaus/Fr""-.Wilson Phone: .5l181____~ Project Area(s): N/A Ward(s): _ u NLA__ _ ____._ ..._ Supporting Data Attached: Staff.Report;.Resolutions_ FUNDING REQUIREMENTS: Amount: $..NLA_ Source: .NlA_nn___ Budget Authority: N.one....___ Commi~~inn/CODJU':iLN_o.tes.: TCS:Imp:jpa.cdc COMMISSION MEETING AGENDA MEETING DATE: ()(jf02l1997 Continued to avj;v /91 Agenda Item Number: /<.5/ e e e ECONOMIC DEVELOPMENT AGENCY Request for Commission/Council Action May 29, 1997 Page 2 ---------------------------------------------------------------------------------------------------------------------- Recommended Motion(s) Continued: (Community_Development Commission) MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A CERTAIN LOAN AGREEMENT AND LIBRARY AND FIRE STATION LEASE (JllintJ~owenFinancingAllthority-) MOTION C: RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,250,000 PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF ------------------------------------------------------------------------------------------------------------------ TCS:lmp:jpa.cdc COMMISSION MEETING AGENDA MEETING DATE: 06/02/1997 Agenda Item Number: &l . . . ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ------------------------------------------------------------------------------------------------------------------ BACKGROUND AND STRUCTURE In August 1989, the San Bernardino Joint Powers Financing Authority (the "Authority") issued on behalf of the City the $10,215,000 Public Facilities Lease Revenue Refunding Bonds (the "1989 Bonds"). The 1989 Bonds were issued to refund the $3,200,000 Redevelopment Agency of the City of San Bernardino, California, Public Facilities Lease Revenue Bonds, Issue of 1982, Series A (the "1982 Bonds"), and the $6,790,000 Redevelopment Agency of the City of San Bernardino, California, Public Facilities Lease Revenue Bonds, Issue of 1983, Series A (Central Library) (the "1983 Bonds"). The 1989 Bonds have a final maturity date of September 1,2013. The annual Debt Service payment on the 1989 Bonds is equal to approximately $890,000 per year; and the net interest rate is equal to 7.218%. City Staff has been working with representatives of Miller & Schroeder Financial, Inc. ("Miller & Schroeder"), to assist the City: (i) in resolving the anticipated budget deficits that are expected to occur for the 1997-98 fiscal year, (ii) to deal with certain financial concerns brought about by the recent passage of Proposition 218 in November, 1996, (iii) to obtain additional funds for the development of the fueling station at the City Corporate Yards, and (iv) to assist in the refinancing the 1989 Bonds for debt service savings purposes. The refunding of the 1989 Bonds would achieve a reduction in the annual debt service cost to the City and would provide a lower interest rate. This refunding of the 1989 Bonds alone would create debt service savings for the City commencing in the 1997-98 fiscal year and additional future savings over the life of the proposed 1997 Refunding Bonds. The 1997 Refunding Bonds would be issued in a principal amount not to exceed $16,250,000 and would also provide approximately $700,000 of additional funds for the construction of the fuel station improvements to the City Corporate Yards. The annual cost for obtaining these funds would be approximately $65,000 per year with the costs to be distributed among the Refuse Fund, the General Fund and the Sewer Fund on the basis of vehicle fleet size. The City has been notified by the County Hazardous Materials Section to cease the fueling operations in the City Corporate Yard by June, 1997, or until soil contamination caused by leaking of the underground storage tanks is mitigated. It initially appeared to be cost effective to contract with the County for fuel services in lieu on constructing a new fueling facility. Although the County fueling facility is located within the City limits and would meet the needs of the City fleet vehicles, the cost based upon initial discussions with County staff would have been 5% to 10% greater than the cost of the current City operation. The County subsequently submitted a written proposal wherein the annual increase for the fueling service would have ranged from $250,000 to ------------------------------------------------------------------------------------------------------------------ TCS:Jmp:jpa.cdc COMMISSION MEETING AGENDA MEETING DATE: 06/02/1997 Agenda Item Number: M e . e Economic Development Agency Staff Report Public Facilities Lease Revenue Refunding Bonds May 29, 1997 Page 2 -------------------------------------------------------------------------------------------------------------------------- $300,000 per year. Based upon these figures, it appears as though the City could recoup the capital cost of the fueling station within three years. City staff has also determined that it would be advantageous for the City to retain its own fueling facility in the event of a disaster or other emergency. Based upon current interest rates, it is expected that the City will be able to reduce its annual debt service costs on the 1989 Bonds by approximately $45,000 per year due exclusively to the reduction in interest rates from 1989 to the current market conditions. If the maturity date of the refunding bonds is extended from September 1,2013 to September 1,2022, the City could further reduce its annual debt service cost by $110,000 per year through the year 2013 which is the current maturity date for the 1989 Bonds. The City may additionally include as capitalized interest the amount necessary to pay the initial interest-only payment which is due and payable on September I, 1997, for the 1997 Refunding Bonds. By capitalizing interest for the first debt service payment in September 1997, for the 1997 Refunding Bonds, the issuance of the 1997 Refunding Bonds will thereby reduce the first year debt service cost in 1997-98 by $500,000. These cost savings figures are summarized below: l. Interest rate savings from the issuance of the 1997 Refunding Bonds - $45,000 per year 2. Annual debt service reduction by extending the maturity of the 1989 Bonds from September 1, 2013, to September 1,2022, for the 1997 Refunding Bonds - $110,000 through the original maturity date of 20 13 for the 1989 Bonds 3. Funding of the September 1, 1997, debt service payment produces an additional 1997-98 fiscal year savings - $500,000 FINANCING OF REFUSE DEPARTMENT OPERATIONS AT CORPORATE YARD The Refuse Department of the City presently has an extensive use of the City Corporate Yard for the storage and maintenance of the Refuse Department vehicles and the storage of trash bins and other receptacles that are distributed to customers. An appraisal has been obtained which concludes that the Refuse Department is presently utilizing a percentage of the City Corporate Yard which has a current appraised value of $5,400,000. The City, in full compliance with the recently adopted Proposition 218, is able to transfer title for that portion of the City Corporate Yard that is utilized by the Refuse Department operations to the Joint Powers Financing Authority in exchange for the payment of the $5,400,000 of the land and improvement value. -----------------------------------------------------------------------------------------------------------------. TCS:lmp:jpa.cdc COMMISSION MEETING AGENDA MEETING DATE: 06/02/1997 Agenda Item Number: l)~ L . . . Economic Development Agency Staff Report Public Facilities Lease Revenue Refunding Bonds May 29,1997 Page 3 -------------------------------------------------------------------------------------------------------------------------- The City will then lease back that same portion of the City Corporate Yard pursuant to the Lease Purchase Agreement whereby the primary pledge of revenues and the source of repayment will be the refuse collection fees obtained through the enterprise fund of the Refuse Department. AMBAC will additionally require that the City General Fund be obligated to remit any payments that are not or can not be made at any time in the future. Both AMBAC and the purchasers of the 1997 Refunding Bonds will also require that the $5,400,000 be released to the City in two (2) installments: $2,700,000 during the 1997-98 fiscal year and the second installment of $2,700,000, plus interest earnings thereon, during the 1998-99 fiscal year. It has been proposed that the transaction be structured as follows: The Authority would issue its Public Facilities Lease Revenue Refunding Bonds, Series 1997A, and transfer a portion of the proceeds to the City to advance refund the 1989 Bonds. The City would then lease the Library Building to the Authority and the Agency, which presently holds title to the Fire Station, will lease the Fire Station to the Authority. The City would then transfer to the Authority title to that portion of the City Corporate Yard that is presently being used for the operations of the Refuse Department. The Authority will loan the proceeds of the 1997 Refunding Bonds to the Agency, pursuant to a Loan Agreement. The Loan Agreement will be secured by Base Rental Payments to be made by the City pursuant to a Library and Fire Station Lease Agreement between the City and the Agency. The Authority would also lease the City Corporate Yard to the City. The 1997 Refunding Bonds would be secured by payments made under the Loan Agreement and payments made under the Lease of the City Corporate Yard. Finally, the City would be obligated to make payments from the General Fund for the Fire Station, Library and City portion of the fueling station, and the revenues of the Refuse Department would be used as the primary source of repayment of the debt service of the Refuse Department portion of the City Corporate Yard and the fueling station. AMBAC has previously provided municipal bond insurance on the 1989 Bonds and will issue a new policy for the continuation of bond insurance on the new bonds in order to obtain a rating of AAA. AMBAC has agreed to substantially reduce its premium on the refunding bonds from the typical insurance premium of .65% as was paid on the 1989 Bonds to a .39% premium as negotiated with AMBAC for the Refunding Bonds. ------------------------------------------------------------------------------------------------------------------ TCS:lmp:jpa.cdc COMMISSION MEETING AGENDA MEETING DATE: 06/02/1997 Agenda Item Number: 'll5 - f . . e Economic Development Agency Staff Report Public Facilities Lease Revenue Refunding Bonds May 29,1997 Page 4 -------------------------------------------------------------------------------------------------------------------------- PROPOSED ACTIONS The Council should decide on the following policy matters to assist City Staff in the structuring of the proposed refinancing and the issuance of the Refunding Bonds. The decisions that need to be addressed by the Council are listed below, and any motion to approve the accompanying Resolutions must be qualified to take into account the directions of the Council on the following structural matters. 1. Issue the Refunding Bonds to achieve an interest rate savings and debt service reductions of approximately $45,000 per year. 2. Extend the maturity date of the 1989 Bonds from September 1,2013, to the maturity date of the Refunding Bonds of September I, 2022, for an annual debt service reduction of $110,000 per year through 2013. 3. Fund the September 1,1997, interest-only payment with the proceeds of the 1997 Refunding Bonds to reduce the payment obligations of the City in the 1997-98 fiscal year by approximately $500,000. 4. Fund the $700,000 of construction and installation costs for the fueling station at the City Corporate Yard. 5. Authorize the transfer of title of the Refuse Department portion of the City Corporate Yard for a consideration of$5,400,000 to be released to the City in equal installments during the 1997-98 and the 1998-99 fiscal years with a lease-back to the City and payments to be made from the enterprise fund of the Refuse Department. Each installment of $2,700,000 will be released to the City on July 1 for each of the 1997-98 and 1998-99 fiscal years. It is recommended that the attached resolutions of the Mayor and Common Council, the San Bernardino Joint Powers Public Finance Authority and the Community Development Commission be adopted to provide for the issuance of the Authority's Public Facilities Lease Revenue Bonds, Series 1997 A, for the refinancing of the 1989 Bonds and for various other public projects subject to the further direction of the Council as outlined in items 1 through 5 above. TCS:lmp:jpa.cdc COMMISSION MEETING AGENDA MEETING DATE: 06/02/1997 Agenda Item Number: i 5' - ( . . . Economic Development Agency Staff Report Public Facilities Lease Revenue Refunding Bonds May 29, 1997 Page 5 -------------------------------------------------------------------------------------------------------------------------- Based on the foregoing, staff recommends adoption of the attached resolutions. fIdL FRED WILSON Acting City Administrator ------------------------------------------------------------------------------------------------------------------ TCS:lmp:jpa.cdc COMMISSION MEETING AGENDA MEETING DATE: 06/02/1997 Agenda Item Number: R s - I SAN BERNARDINO JQJNT POWERS FINANClNG AUnIORITY PUBUC FACILITIES LEASE REVENUE REFUNDING BONDS e ANNUAL DEBT SERVICE e Refunding $5.4 Million $700,000 Date Portion Portion Portion Combined 3/1/98 249,883.75 . 167,701.25 21,883,75 438,931.~S 9/1/98 439,883.75 297,701.25 36,883.75 773,931.25 9/1/99 692,357.50 465,332.50 58,182.50 1,214,797.50 9/1/00 689,057.50 464,730.00 62,560.00 1,210,272.50 9/1/01 690,037.50 463,570.00 61,680.00 1,214,432.50 9/1/02 690,147.50 461,900.00 60,760.00 1,211,952.50 9/1/03 689,572.50 464,850.00 59,820.00 1,213,387.50 9/1/04 693,292.50 462,170.00 58,860.00 1,213,467.50 9/1105 691,042.50 464,085.00 62,880,00 1,212,152.50 9/1/06 693,042.50 460,335.00 61,630.00 1,214,402.50 9/1/07 689,017.50 461,155.00 60,355.00 1,214,922.50 9/1/08 689,197.50 461,275.00 59,055,00 1,213,662.50 9/1/09 688,297.50 465,675.00 62,730.00 1,210,572.50 9/1110 691,287.50 464.065.00 61.110.00 1,210,602.50 9/1/11 693,030.00 461.802.50 59,475,00 1,213,720.00 9/1/12 688,327.50 463.760.00 57.810,00 1,214,310.00 9/1/13 692.607.50 464,760.00 61,130.00 1,212,630.00 9/1/14 689,895.00 464,522.50 59,117.50 1,212,955.00 9/1/15 691,032.50 463,422.50 62,105.00 1,210,980.00 9/1/16 690,732.50 461.460.00 59,805.00 1,211.705.00 9/1/17 688,995.00 463,635.00 62,505.00 1,214.842.50 9/1/18 690,820.00 464,660,00 59,917.50 1,215.105.00 9/1/19 690,400.00 464,185.00 62,285.00 1,211,577.50 9/1120 688,225.00 462,540.00 59,360.00 1,215,125.00 9/1121 689,295.00 464,725,00 61.435.00 1,210.162.50 9/1122 693,317.50 460,447.50 58,217.50 1,211,982.50 e l7- \ . . . 1 2 3 4 5 6 7 8 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING CERTAIN LEASE AGREEMENTS, THE FORMS OF CERTAIN DOCUMENTS RELATED THERETO AND THE TRANSFER OF CERTAIN PROPERTY TO THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WHEREAS, the City of San Bernardino (the "City") and the Redevelopment Agency of the City of San Bernardino (the "Agency") have heretofore entered into a Joint Exercise of Powers 9 Agreement establishing the San Bernardino Joint Powers Financing 10 11 Authority (the "Authority") for the purpose, among other things, 12 of issuing bonds to be used to make loans to finance certain 13 activities of the City and the Agency; and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Authority and Security Pacific National Bank, as succeeded as trustee by First Trust of California, National Association, entered into that certain Indenture of Trust dated as of September 27, 1989, which provided for the issuance of the San Bernardino Joint Powers Financing Authority Public Facilities Lease Revenue Bonds, 1989 Series A (the "Prior Bonds") which were secured by lease payments to be made by the City; and WHEREAS, the City has requested that the Authority and the Agency assist in refinancing the City's obligations in connection with the Prior Bonds and providing additional capital for certain other public improvements; and - 1 - . 1 WHEREAS, in order to carry out the financing, the 2 Authority shall enter into a Loan Agreement with the Agency dated 3 as of June 1, 1997 (the "Loan Agreement") which shall be secured 4 by certain Base Rental Payments to be made by the City to the 5 Agency under that certain Library and Fire Station Lease 6 Agreement dated as of June 1, 1997 (the "Library and Fire Station 7 8 9 WHEREAS, the Authority proposes to transfer certain 10 11 moneys to the City and in consideration therefore, the City shall 12 transfer the City's Maintenance Facility Yard to the Authority Lease"); and 13 and the Authority shall then lease the Maintenance Facility Yard . 14 back to the City pursuant to that certain Maintenance Facilities 15 Lease dated as of June 1, 1997 (the "Maintenance Facilities . 16 17 18 19 20 21 22 23 24 25 26 27 28 Lease"); and WHEREAS, the Authority has determined to issue its Public Facilities Lease Revenue Refunding Bonds, 1997 Series A, in the principal amount of not to exceed $16,250,000 (the "Bonds") pursuant to and secured by the Indenture of Trust dated as of June 1, 1997 (the "Indenture") and loan the proceeds thereof to the City; and WHEREAS, the Authority shall pledge payments to be made under the Loan Agreement and Maintenance Facility Lease as security for the Bonds; and - 2 - e 1 WHEREAS, the Authority shall assign its right to 2 receive payments under the Loan Agreement and Maintenance 3 Facility Lease (the "Payments") , its right to enforce payment of e e 15 16 17 18 19 20 21 22 23 24 25 26 27 (i) Maintenance Facility Lease and Library and Fire Station Lease 28 and (ii) the grant of the Maintenance Facility to the Authority - 3 - WHEREAS, Miller & Schroeder Financial, Inc., as prospective underwriter of the Bonds (the "Underwriter") has informed the Authority that it intends to submit an offer to purchase the Bonds and shall cause to be prepared a Preliminary Official Statement and an Official Statement relating to such Bonds, as may be necessary in the sale and marketing of the Bonds, the form of which Preliminary Official Statement is presently on file with the Secretary of the Authority; and WHEREAS, the City has determined the to approve . . . 1 under the Grant Deed, and has duly considered such transactions 2 and seeks at this time to approve said transaction and documents 3 in the public interests of the City. 4 5 6 7 8 9 10 and determines that the sale of the Property will result in 11 12 significant public benefits. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Determinations. The City hereby finds e e 14 15 16 17 18 19 20 21 e 1 directed to execute and deliver, and the City Clerk is hereby 2 authorized and directed to attest to, the final forms of the City 3 Documents when the same have been prepared. 4 5 Section 3. 6 of Indenture of Trust. 7 of the Bonds under and 8 22 23 24 25 26 27 28 Section 4. Aporoval of Final Form of Continuin9 Disclosure A9reement. The City hereby approves the form of Continuing Disclosure Agreement presently on file with the City Clerk (the "Continuing Disclosure Agreement") together with any changes therein or additions thereto as may be approved by the Mayor when such terms and conditions have been ascertained. The City hereby further authorizes and directs that the form of Continuing Disclosure Agreement presently on file with the City Clerk be converted into the final form thereof, together with such changes or modifications as deemed necessary or desirable by the Mayor upon the recommendation of Bond Counsel. The Mayor or such other authorized officer of the City is hereby authorized and directed to execute and deliver, and the City Clerk is hereby - 5 - e 11 12 13 e 14 15 16 17 18 19 e 1 authorized and directed to attest to, the final form of the 2 Continuing Disclosure Agreement when the same has been prepared 3 and such execution and delivery shall be deemed to be conclusive 4 evidence of the approval thereof. 5 6 7 8 9 10 The City hereby authorizes the transfer of certain reserve fund agreements from the Prior Bond funds to the funds and accounts established under the Indenture. The Underwriter is - 6 - 9 San Bernardino at a 10 thereof, held on the day of 11 1997, by the following vote, to wit: 12 Council: AYES .t:ffiY..S. ABSTAIN ABSENT 13 NEGRETE CURLIN . 14 ARIAS OBERHELMAN 15 DEVLIN ANDERSON 16 MILLER 17 e . 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AUTHORIZING CERTAIN LEASE AGREEMENTS, THE FORMS OF 2 CERTAIN DOCUMENTS RELATED THERETO AND THE TRANSFER OF CERTAIN 3 PROPERTY TO THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY 4 5 Section 6. Effective Date. This Resolution shall 6 take effect from and after the date of its passage and adoption. 7 I HEREBY CERTIFY that the foregoing Resolution was duly 8 adopted by the Mayor and Common Council of the City of meeting 18 19 day of 20 21 22 23 By: 24 SBEO\0168\9 25 26 27 28 City Clerk The foregoing resolution is hereby approved this , 1997. Mayor of the City of San Bernardino - 8 - 12 Authority (the "Authority") for the purpose, among other things, 13 of issuing bonds to be used to make loans to finance certain e 14 activities of the City and the Agency; and 15 16 17 18 19 e 1 2 3 4 5 6 7 8 RESOLUTION NO. RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,250,000 PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF WHEREAS, the City of San Bernardino (the "City") and 9 the Redevelopment Agency of the City of San Bernardino (the 10 "Agency") have heretofore entered into a Joint Exercise of Powers 11 Agreement establishing the San Bernardino Joint Powers Financing WHEREAS, the Authority and Security Pacific National Bank, as succeeded as trustee by First Trust of California, National Association, entered into that certain Indenture of Trust dated as of September 27, 1989, which provided for the 20 25 26 WHEREAS, the City has requested that the Authority and e 27 the Agency assist in refinancing the City's obligations in 28 - 1 - e 1 2 3 4 5 6 7 8 9 10 . e connection with the Prior Bonds and providing additional capital for certain other public improvements; and WHEREAS, in order to carry out the financing, the Authority shall enter into a Loan Agreement with the Agency dated as of June 1, 1997 (the "Loan Agreement") which shall be secured by certain Base Rental Payments to be made by the City to the Agency under that certain Library and Fire Station Lease Agreement dated as of June 1, 1997 (the "Library and Fire Station 11 Lease"); and 12 13 WHEREAS, the Authority proposes to transfer certain 14 moneys to the City and in consideration therefore, the City shall 15 transfer the City's Maintenance Facility Yard to the Authority 16 and the Authority shall then lease the Maintenance Facility Yard 17 back to the City pursuant to that certain Maintenance Facilities 18 Lease dated as of June 1, 1997 (the "Maintenance Facilities 19 20 21 22 23 24 25 26 27 28 Lease"); and WHEREAS, the Authority has determined to issue its Public Facilities Lease Revenue Refunding Bonds, 1997 Series A, in the principal amount of not to exceed $16,250,000 (the "Bonds") pursuant to and secured by the Indenture of Trust dated as of June 1, 1997 (the "Indenture") and loan the proceeds thereof to the City; and - 2 - . . . 1 2 3 4 5 6 receive 7 8 Facility Lease (the "Payments"), its right to enforce payment of 9 the Payments and otherwise to enforce its interest and rights 10 under the Loan Agreement and Maintenance Facility Lease in the 11 event of a default thereunder by the City, to the Trustee 12 pursuant to the Indenture to provide for the repayment of the 13 Bonds; and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Authority shall pledge payments to be made under the Loan Agreement and Maintenance Facility Lease as security for the Bonds; and WHEREAS, payments the Authority under the Loan shall assign its right to Agreement and Maintenance WHEREAS, the proceeds of the Bonds will be applied to refund the Prior Bonds, fund certain capital proj ects, fund capitalized interest and a reserve fund and pay costs of issuance of the Bonds; and WHEREAS, Miller & Schroeder Financial, Inc., as prospective underwriter of the Bonds (the "Underwriter") has informed the Authority that it intends to submit an offer to purchase the Bonds and shall cause to be prepared a Preliminary Official Statement and an Official Statement relating to such Bonds, as may be necessary in the sale and marketing of the - 3 - . . . 1 Bonds, 2 3 4 5 6 7 8 the Authority. 9 10 NOW, THEREFORE, THE SAN BERNARDINO JOINT POWERS 11 FINANCING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS 12 FOLLOWS: 13 14 Section 1. Findinas and Determinations. Pursuant to 15 Article 4 of the Act (the "Marks-Roos Act"), the Authority hereby 16 finds and determines that the issuance of the Bonds will cause 17 18 19 20 21 22 Section 2. Issuance of the Bonds: Approval of Form of 23 24 Indenture: Authorization of and Direction for Preparation of 25 Final Form Thereof. The Authority hereby authorizes the 26 issuance of the Bonds under and pursuant to the Marks-Roos Act 27 and the Indenture in the principal amount of not to exceed 28 the form of which Preliminary Official Statement is presently on file with the Secretary of the Authority; and WHEREAS, the Authority has considered the terms of the transaction as contemplated herein and desires at this time to approve the terms of said transaction in the public interests of savings in effective interest rates, bond preparation and bond underwriting costs and thereby will result in significant public benefits to its members within the contemplation of Section 6586 of the Marks-Roos Act. - 4 - e $16,250,000 and the preparation of certain financing documents e e - 5 - r- e e e - 6 - . Section 4. Sale of the Bonds. The Authority hereby approves the sale of the Bonds by negotiated purchase with the Underwriter, pursuant to that certain Bond Purchase Agreement to be provided by the Underwriter prior (the "Purchase Agreement"), and the sale of the Bonds pursuant to the Purchase Agreement is hereby approved. The Authority hereby further authorizes a form . . Section 5. Approval of Final Form of Continuina Disclosure Aareement. The Authority hereby approves the form of - 7 - . Continuing Disclosure Agreement presently on file with the Secretary together with any changes therein or additions thereto as may be approved by the Chairman, Administrator or Director and as necessary to incorporate certain terms and conditions when such terms and conditions have been ascertained. The Authority . Section 6. Official Statement. The Authority hereby approves the form of the Preliminary Official Statement (the "Preliminary Official Statement") presently on file with the Secretary and acknowledges that said document is in substantially . - 8 - e 7 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 1 of the Preliminary Official Statement as shall be necessary or 2 3 4 5 6 required in connection with the sale of the Bonds to prospective purchasers thereof. The Authority hereby authorizes and directs that the Preliminary Official Statement be converted to a final Official Statement together with such changes or modifications as deemed desirable or necessary in the sale and marketing of the Bonds and as approved by the Chairman, Administrator or Director upon the recommendation of Bond Counsel and the Underwriter. The Authority hereby authorizes distribution of the Preliminary Official Statement and the final Official Statement by the Underwriter when the same have been prepared. The Chairman is hereby authorized and directed to execute the final form of said Official Statement in the name and on behalf of the Authority and to deliver the same to the Underwriter upon execution thereof, together with the changes or modifications approved by the Chairman. Execution of said final Official Statement shall be conclusi ve evidence of approval thereof, including any such changes and additions. Section 7. Official Action. The Chairman, Administrator, Director, Secretary, Bond Counsel and any and all other officers of the Authority are hereby authorized and 25 directed, for and in the name and on behalf of the Authority, to 26 do any and all things and take any and all actions, including e 27 execution and delivery of any and all assignments, certificates, 28 - 9 - . . The Authority hereby authorizes the payment of all costs of issuance in connection with the issuance of the Bonds . - 10 - . . . 1 2 3 4 5 6 7 Bond Counsel 8 Underwriter Section 8. Approval of Financina Team. Authority hereby approves the following entities for respective category of services in connection with transactions contemplated by this resolution: The the the Sabo & Green, a Professional Corporation Miller & Schroeder Financial, Inc. Hinshaw & Culbertson First Trust of California, National Association - 11 - . . . 1 2 3 4 5 RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,250,OO~ PUBLIC FACILITIES LEASE REVENUE REFUNDING BONDS 1997 SERIES A, APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO AND AUTHORIZING AND DIRECTING PREPARATION, EXECUTION AND DELIVERY OF THE FINAL FORMS THEREOF Section 9. Effective Date: Subject to Citv Approval. 6 This Resolution shall take effect from and after its passage and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 By: adoption. This Resolution shall be subject in all respects to the approval by the City of the execution and delivery of the Lease Agreement and to the issuance of the Bonds by the Authority. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the San Bernardino Joint Powers Financing Authority at a special meeting thereof, held on the day of , 1997, by the following vote, to wit: ~ NAYS ABSTAIN ABSENT Council: NEGRETE CURLIN ARIAS OBERHELMAN DEVLIN ANDERSON MILLER The foregoing day of City Clerk resolution is hereby approved this , 1997. Tom Minor, Chairman San Bernardino Joint Powers Financing Authority content: Authority 28 SBEO\016B\DOC\6 - 12 - Summary of Debt Service Annual Costs and Savings to City of San Bernardino Date Existing Refunding Savings $5.4M Debt Service Portion to City Portion $700,000 Annual Portion Combined 9/1/97 587,017 0 587,017 0 0 3/1/98 297,637 249,883 47,754 167,701 21,883 FY97-98 884,654 249,883 634,771 167,701 21,883 (following 9/1/98 payment represents a single payment in the 98-99 fiscal year) 9/1/98 597,637 439,883 157,754 297,701 36,883 774,467 (following 9/1/99 to 9/1/22 payments represent payments within a calendar year; e.g., 3/1/99 and 9/1/99)) 9/1/99 895,025 692,357 202,668 465,332 58,182 1,215,871 9/1/00 893,265 689,057 204,208 464,730 62,560 1,216,347 9/1/01 894,975 690,037 204,938 463,570 61,680 1,215,287 9/1/02 894,790 690,147 204,643 461,900 60,760 1,212,807 9/1/03 896,905 689,572 207,333 464,850 59,820 1,214,242 9/1/04 896,875 693,292 203,583 . 462,170 58,860 1,214,322 9/1/05 894,700 691,042 203,658 464,085 62,880 1,218,007 9/1/06 895,380 693,042 202,338 460,335 61,630 1,215,007 9/1/07 898,557 689,017 209,540 461,155 60,355 1,210,527 9/1/08 893,875 689,197 204,678 461,275 59,055 1,209,527 9/1/09 896,690 688,297 208,393 465,675 62,730 1,216,702 9/1/10 896,287 691,287 205,000 464,065 61,110 1,216,462 9/1/11 897,667 693,030 204,637 461,802 59,475 1,214,307 9/1/12 895,472 688,327 207,145 463,760 57,810 1,209,897 9/1/13 894,702 692,607 202,095 464,760 61,130 1,218,497 9/1/14 0 689,895 -689,895 464,522 59,117 1,213,534 9/1/15 0 691,032 -691,032 463,422 62,105 1,216,559 9/1/16 0 690,732 -690,732 461,460 59,805 1,211,997 9/1/17 0 688,995 -688,995 463,635 62,505 1,215,135 9/1/18 0 690,820 -690,820 464,660 59,917 1,215,397 9/1/19 0 690,400 -690,400 464,185 62,285 1,216,870 9/1/20 0 688,225 -688,225 462,540 59,360 1,210,125 9/1/21 0 689,295 -689,295 464,725 61,435 1,215,455 9/1/22 0 693,317 -693,317 460,447 58,217 1,211,981 o 439,467 439,467 Entered into Record.t I 1"17 CouncillCmyDevCms Mtg: (, /'l by .~~ ~ re Agenda Item I< S J ~h.~ City Clerk/COC Secy City of San Bernardino ~/z/J7 ~'...'.".'.'...'~" . . ... .!"~. 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