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HomeMy WebLinkAboutResolution - 2336 STATE OF CALIFORNIA ) RESOLUTION NO. 2336 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA AUTHORIZING PROCEEDINGS AND AGREEMENTS RELATING TO THE REFINANCING OF WATER SYSTEM IMPROVEMENTS, APPROVING ISSUANCE AND SALE OF REFUNDING BONDS BY THE SAN JACINTO FINANCING AUTHORITY, APPROVING AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS WHEREAS, the San Jacinto Financing Authority (the "Authority") has been formed pursuant to a Joint Exercise of Powers Agreement by and among the City of San Jacinto (the "City") and the San Jacinto Redevelopment Agency (the "Agency"), and is authorized under said Agreement and under the laws of the State of California to finance the acquisition and construction of public capital improvements for any of its members; and WHEREAS, the City has financed certain improvements to the water system of the City (the "Project"); and WHEREAS, the City has previously issued its 1993 Certificates of Participation (Water Improvement Project) (the "1993 Certificates") which are payable from revenues pursuant to an Installment Purchase Agreement, dated as of April 1, 1993 (the 1993 Installment Purchase Agreement"), and WHEREAS, the Authority has also issued its $4,500,000 original principal amount Revenue Bonds, Series 1997 (Water Improvement Project) (the "1997 Bonds") the payable from the revenues to be derived by the Authority from the City pursuant to a supplemental installment purchase agreement, dated as of July 1, 1997 relating to the Project (the "1997 Installment Purchase Agreement'), such payment of revenues being on a parity with the obligation of the City to make installment payments under the 1993 Installment Purchase Agreement; and WHEREAS, the City proposes to prepay the 1993 Certificates in order to achieve an interest cost savings and prepay an existing lease agreement dated June 2, 1997, with Municipal Leasing Associates, Inc. assigned to Heller Financial, Inc, (the "1997 Lease"), and WHEREAS, the Authority proposes to issue its revenue bonds in the amount of not to exceed $2,900,000 (the "Bonds") for the purpose of prepaying the 1993 certificates and the 1997 Lease under the provisions of Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act") which Bonds shall be payable from revenues derived by the Authority from the City pursuant to an Amended and Restated Installment Purchase Agreement relating to the Project (the "Installment Purchase Agreement"), such payment of revenues to be on a parity with the obligation of the City to make payments under the �— 1997 Installment Purchase Agreement; and WHEREAS, the firm of Westhoff, Cone & Holmstedt (the "Underwriter") has proposed to purchase and underwrite the Bonds and has presented to the Authority a form of Purchase Agreement for the Bonds, to be entered into among the Authority, the City and the Underwriter (the "Purchase Agreement") and has presented the Authority with a proposed form of an Official Statement describing the Bonds, to be used in connection with the marketing thereof by the Underwriter; and WHEREAS, the City Council wishes at this time to give its final approval to the transactions described herein and the final form of the agreements and documents relating thereto; THEREFORE, IT IS RESOLVED that the City Council of the City of San Jacinto adopts the following: Section 1. Findings with Respect to Use of Proceeds and Pledge of Revenues. The City Council finds and determines that it is in the prudent management of fiscal affairs of the City to use the proceeds of the Bonds to prepay the 1993 Certificates and the 1997 Lease for the benefit of the Water System. Section 2. Approval of Bonds. The City Council hereby approves of the issuance of the Bonds by the Authority under and pursuant to the Act provided that the maximum aggregate principal amount of the Bonds shall not exceed $2,900.000. Pursuant to the Act, the City Council hereby finds and determines that the issuance of the Bonds through negotiated sale will result in savings in effective interest rates, bond underwriting costs and bond issuance costs and thereby result in significant public benefits to its members within the contemplation of Section 6586 of the Act. Section 3. Approval of Financing Documents. The City Council hereby approves each of the following documents in substantially the respective forms on file with the City Clerk, together with such additions thereto and changes therein as the Bond Counsel shall deem necessary, desirable or appropriate, the execution of which by the Mayor or the City Manager shall be conclusive evidence of the approval of any such additions and changes. (a) The Amended and Restated Installment Purchase Agreement, dated as March 1, 2002, relating to the installment purchase of the Project by the City from the Authority; and (b) The Purchase Contract, by and among the City, the Authority �- and the Underwriter providing for the sale of the Bonds; and The Mayor or the City Manager are hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the final forms of each of the above-mentioned documents for and in the name and on behalf of the City. The City Council hereby authorizes the delivery and performance of the Amended and Restated Installment Purchase Agreement. Section 4. Sale of Bonds. The City Council hereby approves the sale of the Bonds by the Authority by negotiation with the Underwriter, pursuant to the Purchase Contract in substantially the form on file with the City Clerk, together with such additions thereto and changes therein as the Bond Counsel shall deem necessary, desirable or appropriate, the execution of which by the City Manager shall be conclusive evidence of the approval of any such additions and changes. The City Manager is hereby authorized and directed to execute the final form of the Purchase Contract for and in the name and on behalf of the City upon the submission of an offer by the Underwriter to purchase the Bonds, which offer is acceptable to the City Manager and consistent with the requirements of this Resolution. The amount of the Underwriter's discount the Bonds shall be not more than one and three quarter percent (1.75%) of the par amount thereof and the net effective rate of interest to be represented by the Bonds (taking into account any original issue discount on the sale thereof) shall not exceed five and one half percent (5.50 %) per annum. Section 5. Official_....Statement; Continuing Disclosure. The City Council approves the preparation of, and hereby authorizes the City Manager to deem final within the meaning of Rule 15c2-12 of the Securities and Exchange Act of 1934 except for permitted omissions, a preliminary form of Official Statement describing the Bonds. Distribution of such preliminary Official Statement by the Underwriter is hereby approved. The City Manager is hereby authorized to execute the final Official Statement in the name and on behalf of the City, including any modifications resulting from additions thereto and changes therein as the City Attorney shall deem necessary, desirable or appropriate, with the execution of the final Official Statement by the City Manager to be conclusive evidence of the approval of any such additions and changes. The City Council hereby authorizes the distribution of the final Official Statement by the Underwriter. The City Manager is further authorized to sign on behalf of the City a continuing disclosure certificate with respect to the financing, in such form as may be approved by Bond Counsel, Section 6. Bond Counsel and Disclosure Counsel. The law firm of Best Best & Krieger LLP is hereby appointed to act as Bond Counsel and Disclosure Counsel with respect to the issuance of the Bonds upon the terms set forth in the letter on file with the City Clerk and the City Manager is authorized to execute said letter for and in the name of the City. Section 7. Official Actions, The Mayor, the City Manager, the Finance Director, the Utility Director, the City Clerk and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including obtaining a rating on the Bonds and/or a municipal bond insurance policy and a debt reserve fund surety bond (including the execution of a financial guarantee agreement with respect thereto), and including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the transactions as described herein in connection with the issuance and sale of the Bonds. Section 8. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. APPROVED AND ADOPTED this 7th day of March, 2002. AYES: Ayres, Carlson-Buydos, Conner, Williams NAYS: Good ABSTAIN: None ABSENT: None City of San Jacinto P4Q�b� Patrick A. Williams, Mayor Attest: rothy L. ouinard, City Clerk