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HomeMy WebLinkAboutRS06-Redevelopment Agency 000 0 REDl!VBI.OPIIBNT AGENCY.MQUBST FOR COMMISSION/COUNCIL ACTION 0": Dept: GLENDA SAUL Subject: AMENDMENT TO ORDINANCE NO. 3815 CONCERNING BOND TRUSTEES Redevelopment Agency Dm: JULY 31, 1986 Synopsis of Previous Commiaion/CouncillCtion: In June, 1985, the Mayor and Common Council issued multifamily mortgage revenue bonds in the amount $9,350,000 (Series 1985) for Fredericks Development (Pumalo Palms). On July 2l, 1986, the Mayor and Common Council heard the first reading of the amendment to Ordinance No. 3815 and requested an analysis of the advantages snd disadvantages of out-of-state trustees for municipal financings. RlICOIIImlnded motion: (MAYOR AND COMMON COUNCIL) 4t:) SECOND READING ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 3815 RELATING TO THE FINANCING OF PROJECTS FOR THE ENCOURAGING OF INCREASED EMPLOYMENT WITHIN THE CITY. /~/k -Jul" Signature Contact person: GLENDA SAUL/KEN HENDERSON Supporting dlItuttached: YES/STAFF REPORT FUNDING REQUIREMENTS: Amount: $ N/A Phone: 383-5081 Ward: 1-7 Project: ALL No edverse Impact on City: Oil Notas: Da~: AUGUST 4, 1986 A_nO<. I..~ "'n !?S-IA I c~ OF SAN BERNARrfilfO - REQUaT FOR COUNCIL AC~ON o o o 75-0264 STAFF REPORT In June, 1986, the Mayor and Common Council authorized the issuance of multifamily mortgage revenue bonds in the amount of $9,350,000 (series 1985) for Fredericks Development (Paalo Palms). Ordinance No. 3815 requires trust companies or banks haVing powers of a trust company be within the State of California. This particular requirement has caused Fredericka a number problems inasmuch as the original trustee was an out-of-state company. To temporarily remedy the situation, an in-state company has been operating as interim trustee for the Fumalo Palms project until such time as the Mayor and COlIlIIlon Council considered an amendment to Ordinance No. 3815. The amendment would specifically allow trust companies or banks having powers of a trust company either within or outside the State of California to act as a trustee for the purposes of municipal financings. On July 21, 1986, the Mayor and COlIlIIlon Council heard the first reading of the amendment to Ordinance No. 3815 and requested an analysis of the advantages and disadvantages of out-of-state trustees for municipal financings. Attached to this staff report is an analysis from Agency Bond Counsel Timothy J. Sabo. Staff concurs with the analysis, conclusions and reCOlDlDendatioDS. Staff recolDIDends adoption of the amendment to Ordinance No. 3815 which would authorize out-of-state trustees for the purpose of municipal financings. l269L o o 9 10 11 12 13 P 14 15 16 17 18 19 o o o o 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 3815 3 RELATING TO THE FINANCING OF PROJECTS FOR THE ENCOURAGING OF INCREASED EMPLOYMENT WITHIN TIlE CITY. 4 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY SAN BE1lNARDINO DO ORDAIN AS FOU.OWS: SECTION 1. Amendment. The first sentence of Section 15 of Ordinance 7 No. 3815 shall be _ended to read as follows: 8 In the discretion of the City, any BOnds issued under the provisions of this Ordinance may be secured by indenture provisions in the Resolution of Issuance by and between the City and a corporate trustee or trustees, which may be any trust company or bank having tbe powers of a trust company within or outside of the State and the Resolution of Issuance I18Y contain such provisions which are customarily found in indentures, including, without limitation, the provisions hereinafter set forth. SectiOn 2. Effective Date and Publication. Within fifteen (15) days after its passage, the City Clerk shall cause this Ordinance to be published at least Once in a newspaper of general circulation published and circulated in the City of San Bernardino. This Ordinance shall take effect thirty (30) days following the date of adoption hereof. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the 20 Mayor and Common Council of the City of San Bernardino at a regular meeting 21 22 23 24 thereof, held on the day of , 1986, by the following vote, to wit: AYES: Council Members 25 26 27 28 NAYS: ABSENT: o o ] 2 3 4 ABSTAIN: 41 l _tl. o o o City Clerk 5 of 6 The foregoing Ordinance is hereby approved this . 1986. day 7 8 Approved as to form: Mayor of the City of San Bernardino 9 10 City Attorney 11 l267L 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q o ij i _ l ~ w -- P", ' o Q SABO & DEITSCH n PIIOI'!S$IONAL COIlPOllAT~ ATTORNEyS AT I.J/N SUITS lOC ... TOl'AIlGA CANYOI< l!Ou.......c WOODLAND HILLS. CALI_MIA 81387 ....,. .. 440 WQT llOUIIT 'T!leU IAN ..~o. C4IJFOR/jIAU401 \TIt) 114_ \TItlIlHa02 o 1Il1) 7OCoO,H o "ElECOPIER: (8181 'IlM-4721 , '- ~ \..... o MEMOAANDllM To: The Honorable Mayor and Comon Council of the City of San Bernardino FrOm: timothy J .Sabo Jul.)' 25. 1986 Dat.: ae; PropD..d Ordinance Amendina Ordinance No. 3815 . You have requelted advice concemillf tbe rea. one for &lIItndina Ordinance No. 3815 of the City of San lernarcUno (the "Ordinance") for the purpo.e of pel'lllittillf the appointment of Dut-of-etate trutte.. for the ieeuance of bonde and .imilar municipal financtDaa. ~ addition. you bavt requllted advice conceminl the beneUt. and detl'i.Dtal effecta of _Dd1na the OrdiDanc. for thit purpose. For the raasons ..t forth hereinafter, it is our r'COlllllendation that the COIllllOD Council approve tbe amendment to Ordinance No, 3815 to authorize the appointment of out-of-state trustee., in addition to in-Itate truste... Section 15 of tbe Ordill4Dce currently provides that afty bond. l..uea pul'luant to tbe Ordinance "'1 De .ecurea DY indenture provielons in a Re.olution of h.uance by and between the City and a eorporate trustee or trustee.. wUch ...y be any trust company or bank havillf tbe power. of . tru.t company within the State. On July 21. 1986. the Common CouneU con4ucted tb. Hr.t rea4inl of a propo..4 Ordinanc. pUrJuant to wbich Ordinance No. 3815 would be tIIlend.d to plmit. in addition to in-.t.te tru.t.... . corporate tru.t.. which lilt)' b. a tru.t company or bank havin, tb. power. of a tru.t compeny o~t.lde of Californi. to .ct a. . trust.. with nlard to bond. h'lIed puuUAnt to the Ordinance. In the fiut in.tance. varioua .t.tutory provhions a~thoridnl the i..uance of bond. clearly permit a bank or tru.t company from aither within or ollt.id. the St.te of California to act a. trustee. !!!. e.,.. Cove~nt Code S.ction P1504 and Health and S.hty Cade Section 52033. In f.ct. appointlllnts of both in-atate .nd out-of-state trWlt... were cl.arly contemplated by tbe drafteu of tb. variou. state reveDue bond .tatutory provi.ion.. . - ()- O. \... C) \".; o - - - ..LJ.. - o o ~ - . 'ale 2 In o~de~ to a..ure the proper performance of either aD in-.tate or out-of-.tate tn&lte., an illuinl alene, bat the authodtJ to inc1w1e in the re.alution authori.inl the i..uanc. of bond. or. alternativel" in an iDdenture aecurina the boDd b.u., vadolll covenanta outUninl the authority of the tn&lt... Alone with the permitted covenantl whicb ..., b. impo..d upon out-of-.tate truatee., in particular, are tho.. a.t forth in Califomia atatutory prov1lion. which ululat. tn&lt activid.. of foreirn eorporatioDI. St., e.I.. C.1iforni. Finanei.1 Cod. Seetion 1700, !! ..q. In practical terlU. there are n\lllltrou. ben.UtI in permittina the appoinUlent of an out-of-nat. truate.. Oft.n. auch tn&ltee. are located in proximity to r.l.vant financial market., th.rehy r..ultine in lIOn COlDp.Utive rat.. for thdr .erv1c... Alana with providina cOlIIpeUtive rat.., the, CaD be .peciaU.t. in the vadalll t,pe. af bond i..u.. contemplate.. In addition, the location of aD out-of-.tate t~uatee _, be helpful in faclHtatine bond tran..etion. inclwUna. but Dot lWted to, variolll abUlaUon. requir.d to b. performed b, the tn&ltee follow1nl i..uance of th. bond.. ror exuple, a N.w York truate. .y be fllDiUe~ with local bankinl hour. and ., bave ew:h rell.llar buain.1I hoal'l lIO.t coDducive to bond illlll-relat.d tran..ction. oceu~dDl in N.w York. A tn.t.. ..y I1mllar1, be IIOre readily able to Plrfom the pa,in, a,ent aDd variable rate funct10u of a tn&ltee depend in, upon ita location. A. a further elWllpl.. in tel'llUl af .ny n.c....r' tran.aedon. rel.ted to . bond b.ue. to be perfonlld with r.sard to the Federal ae.erve Jank, the F.deral a..erve time .,.tem 11 Ea.cem t11111 and the appointment of an oat-of-atata t.n&Itee locat.d in the ea.t _, provide ee~tain advaDtele.. In lilht of the foreloinl. we recommend that Ordinance No. 3815 be _ded in order to pemit the City to bave ,nateI' flexibiUty :l.n appo:l.ntilll tn&lt.e. for bone! illue. by autbodli1ll the appolntllltftt of botb in-atate aDd out-of-.tat. tn&lte... I abaU remain avanable at your requllt to provide fUt-thn a..btance cone.min, tbb _tter, and .ball plaD to .ttend tbe CO_Ii Council IIII.Unl on AUlu.t It, 19B6 in order to aD.wer any further qu"t:l.on. which you may have. TJS:nb 11B06S