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HomeMy WebLinkAbout17-Water Department 'CITY OF SAN BER~RDINO - REQUEST C))R COUNCIL ACTION From: Mayor and Common Council Subject: Approval of Documents to Issue $41,750,000 certificates of Participation by the Public Safety Authority for Water Reclamation Facilities Dept: Bernard C. Kersey Water Department Date: December 13, 1991 Synopsis of Previous Council action: December 16, 1991 - Staff report advising Mayor and Common Council of proposed financinq. Recommended motion: Adopt Resolution Signature Contact person: Bernard C. Kersey Phone: 384-5091 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Aqenda Item No.H 'CITY OF SAN BEIORDINO - REQUESTOOR COUNCIL ACTION STAFF REPORT r On December 16, 1991 the Mayor and Common Council received a report from the Water Department which summarized the proposed sale of Certificates of Participation through the Public Safety Authority for several projects at the Water Reclamation Facility, and defeasance of the 1986 Refunding Sewer Revenue Bonds. The projects/facilities to be financed are as follows: Primary Hydraulic Reliability Project Phase 3A Secondary Expansion Design (7.5 million gallons per day capacity) Water Reclamation Lab, Operations Control Center and Administration Defeasance of 1986 Sewer Bonds Reserve Fund Underwriter's Discount Allowance Issuance Cost Allowance Less: Interest Earnings on Construction Funds Total Amount of Issue $32,025,000 2,400,000 (1%) 2,375,000 2,200,000 3,673,000 417,500 433,000 n. 773 . 500' $41,750,000 The term of the Certificates of Participation is twenty-five years with an annualized debt service for principal and interest of $3,670,000. Sewer service charges and sewer connection fees designated for wastewater facility construction are the pledge of revenues for debt service. The current sewer service rates and connections fees are established to cover this additional debt service. It is recommended that the Mayor and Common Council adopt the resolution approving the form of Installment Purchase Agreement, Trust Agreement, Assignment Agreement, Escrow Agreement and Preliminary Official Statement relating to the San Bernardino Public Safety Authority 1992 Sewer certificates of Participation and authorizing certain actions related to the sale of Certificates of Participation by the San Bernardino Public Safety Authority. The Board of Water commissioners, at a regular adjourned meeting held on December 11, 1991, unanimOUSly voted to approve Resolution No. 441 approving the same documents and actions. 75-0264 . 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 ST~"'OLING. vOCCA, CARLSON & RAUT..-. l....WYl!:"S NEWPORT !lEACH, CA o o RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, AUTHORIZING THE SALE, EXECUTION AND DELIVERY OF APPROXIMATELY $41,750,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION OF THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH WHEREAS, City of San Bernardino. a municipal corporation. organized and existing under the laws of the State of California (the "City"), desires to have constructed certain improvements to its sewer system including acquisition of (i) improvements to its sewage treatment plant, (ii) plans and specifications for its Phase 3A, secondary sewer project, (iii) the renovation of a City property for its wastewater reclamation project office and laboratory, and (iv) to use the proceeds to be received from the sale of certain City property to the Authority to refund its "City of San Bernardino. California, Sewer Revenue Refunding Bonds, Issue of 1986 (Wastewater Treatment Project)" (the "Project"); and WHEREAS, the San Bernardino Public Safety Authority, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Authority"), has the authority to assist in the financing of the Project on behalf of the City; and WHEREAS, the City and the Authority desire to enter into (i) an installment purchase agreement titled "Installment Purchase Agreement" dated as of February 1, 1992, by and between the City and the Authority relating to San Bernardino Public Safety Authority, San Bernardino Municipal Water' 1/7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ST~AOI..ING. voceA, CARLSON oS ~AUTH L AWYE ~s "'EWI'OO"'T ilEAC"', CA o o 1 Department. 1992 Sewer Certificates of Participation (the "Installment Purchase Agreement") whereby the City will sell to the Authority a portion of the Project site (the "Purchase Site") and grant the right of entry to a portion of the Project site (the "Right of Entry Site"). (said real property is described in Exhibit A of the Installment ~urchase Agreement) 2 3 4 5 6 7 the Authority will acquire and construct the Project and sell the Project site acquired from the City and the improvements to the Ci ty; and WHEREAS. the City and the Authority desire to enter into a trust agreement by and among the Authority, the City and Bank of America National Trust and Savings Association (the "Ttustee") titled "Trust Agreement" dated as of February 1. 1992, relating to San Bernardino Public Safety Authority, San Bernardino Municipal Water Department, 1992 Sewer Certificates of Participation (the "Trust Agreement"); and WHEREAS, the City desires to refund its outstanding Sewer Revenue Bond Issue of 1986 (Wastewater Treatment Plant Project) (the "1986 Bonds"); and WHEREAS, upon receipt of the proceeds by the City from the sale of a portion of the Project site to the Authority said money will be deposited with Bank of America National Trust and Savings Association. the Escrow Bank, and pursuant to an agreement dated as of February 1, 1992, by and between the City and the Escrow Bank titled "Escrow Agreement For the 1986 Sewer Revenue Refunding Bonds of the City of San Bernardino. the Escrow Bank will deposit said money in the Escrow Fund to redeem the 1986 Bonds; and 12/26/91 8681u/2759/01 -2- 10 11 12 13 14 15 16 17 18 19 20 , , o o 1 WHEREAS, the Authority wishes to cause the sale, execution 2 and delivery of approximately $41,750,000 (the exact amount to 3 4 be determined on or before the sale date of the Certificates based on the amount needed to refund the 1986 Bonds) in the 5 6 7 8 9 principal amount of Certificates of Participation to be secured by the installment purchase payments to be made by the City pursuant to the Installment Purchase Agreement (the "Certificates"); and WHEREAS, all right, title and interest of the Authority under the Installment Purchase Agreement will be assigned to the Trustee pursuant to an assignment agreement by and between the Authority and the Trustee, titled "Assignment Agreement" dated as of February 1, 1992 relating to San Bernardino Public Safety Authority, San Bernardino Municipal Water Department, 1992 Sewer Certificates of Participation (the "Assignment Agreement"); and WHEREAS, a preliminary official statement with respect to the Bonds (the "Preliminary Official Statement"). has been prepared by Bartle Wells Associates; and WHEREAS, Section 40(a) of the City Charter provides that 21 the Purchase Site be sold after competitive bids are taken 22 however, the sale of the Purchase Site will be sold only if the 23 sale is subject to the terms set forth of the Installment 24 Purchase Agreement; and 25 WHEREAS, the Authority has approved the concept of the 26 financing and the purchase of the Purchase Site and therefor 27 the draft Installment Purchase Agreement has been presented 28 showing the Authority as the purchaser of the Purchase Site ST"'AOLlNG. yOCCA, CARLSON & RAUTH ~"'Wy~"S NEWPORT BI!:"'Ct-l, CA 12126/91 868lu/2759/0l -3- 10 o o 1 however, the designation of the Authority as the purchaser does 2 not preclude the acquisition of the Purchase Site by another 3 party and the designation of that party as the purchase of the 4 Purchase Site; and 5 WHEREAS, there then has been presented to this Common 6 Council copies of each of the aforementioned documents and 7 certain other documents relating to the foregoing; 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 9 OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals, and each of them, 11 are true and correct. 12 SECTION 2. The Installment Purchase Agreement, Trust 13 Agreement, the Assignment Agreement and the Escrow Agreement 14 are approved in substantially the form presented at this 15 meeting. The Commissioners and General Manager of the San 16 Bernardino Municipal Water Department (the "Department") are 17 directed to modify said agreements as may be necessary to carry 18 our the intent of this Common Council as herein set forth and 19 to approve the Installment Purchase Payments when the interest 20 rates are known upon receipt of the bids for the Certificates. 21 SECTION 3. The preparation and distribution of the 22 Preliminary Official Statement in substantially the form 23 presented at this meeting, with such changes, insertions and 24 omissions as may be approved by the General Manager of the 25 Department, is hereby approved. The General Manager of the 26 27 28 5T~AOLING. vOCCA, CARI..SON & RAUn-l ......WYERS "'EWPOFl'T' IIE...C.... C... Department is hereby authorized to sign a certificate pursuant to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 relating to the Preliminary Official Statement.,' The 12/26/91 8681u/2759/01 -4- o o 1 General Manager of the Department is further authorized and 2 directed to approve, execute and deliver the final Official 3 Statement with respect to the Certificates, which final 4 Official Statement shall be in the form of the Preliminary 5 Official Statement with such changes, insertions and omissions 6 as may be approved by the General Manager of the Department, 7 such approval to be conclusively evidenced by the execution and 8 delivery thereof. The Authority is hereby authorized to 9 distribute copies of the Preliminary Official Statement to 10 persons who may be interested in the initial purchase of 11 Certificates and is directed to deliver copies of the final 12 Official Statement to all actual initial purchasers of the 13 Certificates. 14 Pursuant to Section 40(a) of the City SECTION 4. 15 Charter, the General Manager of the Department is authorized to take competitive bids for the sale of the Purchase Site. The 16 17 18 19 20 21 22 23 24 25 26 27 28 ST~AOLING. 'l'OCCA. CARL..SON & RAUTl-l L"wYER$ NEWPO"''' I!IE"CM, CA sale of the Purchase Site shall be made subject to the terms set forth in the Installment Purchase Agreement which terms shall be set forth in the notice inviting bids. The minimum bid price for the Purchase Site shall be $2,030,000. The Commission of the Department is authorized to accept the best offer for the Purchase Site upon the terms and conditions herein set forth. 11111 11111 IIIII IIIII 11111 12/26/91 8681u/2759/01 -5- 1 o SECTION 5. The Mayor, the Ci ty QHk and any other 2 proper officer of the City and of the Department are hereby 3 authorized and directed, jointly and severally, to do any and 4 all things and to execute and deliver any and all documents 5 necessary or proper for carrying out the transactions 6 contemplated by this Resolution. 7 SECTION 6. This Resolution shall take effect from and 8 after its date of adoption. 9 II/II 10 IIIII 11 IIIII 12 II/II 13 IIIII 14 II/II 15 11/1/ 16 III/I 17 II/II 18 1/ I 1/ 19 IIIII 20 1/111 21 I I 1/ I 22 I I I I I 23 1/ I I I 24 I 1/ I I 25 11/ I I 26 II/II 27 I I I I I 28 1/ I I I . STRADLING. YOeCA, CARLSON & RAUTH L.,",WVER5 12/26/91 8681u/2759/01 -6- NEWPORT BEACH, CA " !I , o o RESOLUTION AUTHORIZING THE SALE, EXECUTION AND DELIVERY OF APPROXIMATELY $41,750,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION OF THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 of 20 21 I HEREBY CERTIFY that' the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1992, by the following vote, to wit: Council Members: NAYS AYES ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this , 1991. day W. R. Holcomb, Mayor City of San Bernardino 22 23 24 Approved as to form and legal content: JAMES F. PENMAN, City Attorney 25 26 By: v1.N:--> 'I I ~/...v, 27 28 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRAOL.!NG. VOCCA. CARLSON & RAUTl-l I.AWYERS i'OE.....POAT l!Ilt""CH, CA o o 1 2 3 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) Ss. ) 4 5 I, , City Clerk in and for the City of 6 San Bernardino DO HEREBY CERTIFY that the foregoing and 7 8 attached copy of San Bernardino City Resolution No. r is a full, true and correct copy of that now on file in this 9 office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this day of , 1992. City Clerk of the City of San Bernardino (SEAL) 12126/91 8681u/2759/01 -8-