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HomeMy WebLinkAboutCC Reso No 1994-54RESOLUTION NO. 94-54 A RESOLUTION AUTHORIZING THE ISSUANCE OF PARITY SPECIAL TAX BONDS, APPROVING AND DIRECTING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT TO FISCAL AGENT AGIiEEMENT, AND APPftOVING OTHER RELATED DOCUMENTS AND ACTIONS City of Lake Elsinore Community Facililies District No. 90-3 (Norkh Lake Elsinore Hills Public Improvements) RESOLVED, by the City Council of the City of Lake Elsinore (the "City") that: WHEREAS, this Council has conducted proceedings under and pursuant to the Mello- Roos Community Facffities Act of 1982, as amended (the "Act"), to form the City of Lake Elsinore Community Facilities District No. 90-3 (North Lake Elsinore Hills Public Improvements) (the "District"), to authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said special taxes the proceeds of which are to be used to finance certain facilities (the "Facilities"), all as described in the Resolurion Nos 92-42 and 92-43 of the City Council adopted on June 23, 1992, entitled, "A Resolution of Formation of City of Lake Elsinore Community Facilities District No. 90-3 (North Lake Elsinore Hills Public Improvements), Authorizing the Levy of a Special Tax Within the District, Preliminary Establishing an Appropriations Limit £or the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" and "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within the City of Lake Elsinore Community Facilities District No. 90-3 (North Lake Elsinore Hills Public Improvements) and Submitting Proposition to the Qualified Electors of the District", respecHvely; WHEREAS, pursuant to said resolutions, an election was held within the District on June 23, 1992 and the qualified electors approved the propositions of the incurrence of the bonded debt, the levy of the special tax and the establishment of the appropriations limit by more than two-thirds of the votes cast at said special election; WHEREAS, pursuant to Resolution No. 92-46 adopted by this Council on June 23, 1992, and that certain Fiscal Agent Agreement, dated as of February 1, 1993 (the "AgreemenY') by and between the City and the Lake Elsinore Public Financing Authority (the "Authority" or the "Fiscal Agent," as applicable), as fiscal agent, the City, on behalf of the District, has caused to be issued bonds in the aggregate principal amount of $4,162,928.97, designated "City of Lake Elsinore Community Facilities District No. 90-3 (North Lake Elsinore Hills Public Improvements) 1992 Special Tax Bonds" the proceeds of which are being used by the City to finance a portion of the Facilities; WHEREAS, the Fiscal Agent Agreement provides for the issuance of additional bonds (the "Parity Bonds") using a supplemental agreement thereto, as more particularly identified below, (the "Supplemental AgreemenY') upon the satisfaction of certain terms and conditions as set forth in Section 2.12 of the Fiscal Agent Agreement, the provisions of which Section are hereby incorporated herein by this reference as if fully set forth herein; WHEREAS, this City Council now wishes to provide for the issuance of the Parity Bonds and there have been submitted to this City Council certain documents providing for the issuance of the Parity Bonds of the City for the District and the use of the proceeds of those bonds to finance additional portions of the Facilities, and this Council, with the aid of its staff, has reviewed said documents and found them to be in proper order; and WHEKEAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the Parity Bonds and the levy of said specialtaxes as contemplated by this Resolution and the docuxnents referred to herein exist, have happened and have been performed in due tune, form and manner as required by the laws of the State of California, including the Act. NOW, THEREFORE, IT IS HEREBY OftDERED as follows: Section 1. Pursuant to the Act, this Resolution, the Agreement and the Supplemental Agreement, Parity Bonds of the City for the District designated as "City of Lake Eisinore Community Facilities District No. 90-3 (North Lake ELsinore Hills Public Improvements) 1994 Special Tax Bonds" (hereinafter called the "Parity Bonds") in an aggregate principal amount not to exceed $5,837,071.03 are hereby authorized to be issued. The Parity Bonds shall be executed in the form set forth in and otherwise as provided in the Agreement, as supplemented by the Supplemental Agreement. This City Council hereby finds that each and every one of the conditions precedent to the issuance of the Parity Bonds, as such conditions are set forth in Section 2.12 of the Fiscal Agent Agreement have been satisfied. Section 2. The proposed form of the Supplemental Agreement ("Agreement") with respect to the Bonds, in the form on file with the City Clerk, is hereby approved. The Assistant Director of Administrative Services of the City is hereby authorized and directed to execute and deliver the Supplemental Agreement in said form, with such additions thereto or changes therein as are approved by the Director of Administrative Services of the City upon consultation with the City's financial advisor and bond counsel including such additions or changes as are necessary or advisable in accordance with Section 6 hereof (provided that no additions or changes shall authorize an aggxegate principal amount of Bonds in excess of $5,837,071.03, result in an initial net interest cost on the Bonds in excess of 10% per annum or result in an underwriter's discount in excess of 3% of the aggregate principal amount of the Parity Bonds), the apprcval of such additions or changes to be conciusively evidenced by the execution and delivery of the Supplemental Agreement by the Director of Administrative Services of the City. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemprion and other terms of the Parity Bonds shall be as provided in the Supplemental Agreement as finally executed. The terms and provisions of the Fiscal Agent Agreement and the Supplemental Agreement are incorporated herein by this reference as if fully set forth herein. Section 3. The proposed form of purchase contract for the Parity Bonds (the "Purchase Agreement"), in the form on file with the City Clerk, is hereby approved. The Director of Administrative Services of the City is hereby authorized and directed, for and in the name and on behalf of the City,,to accept the offer of the to purchase the Bonds, as such offer is contained in the Purchase Agreement (when such offer is made and if such offer is consistent with Section 2 hereofl and to execute and deliver the Purchase Agreement in said form, with such additions thereto or changes therein as are recommended or approved by such officer upon consultation with the City's financial advisor and co-bond counsel, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of the Purchase Agreement. This Council hereby finds and deternunes that the sale of the Parity Bonds at negotiated sale as contemplated by the Purchase Agreement will result in a lower overall cost to the City than would a competitively bid sale. -2- Section 4. The City hereby covenants, for the benefit of the Parity Bondowners, to commence and diligently pursue to completion any foreclosure action regarding delinquent installments of any amount levied as a special tax for the payment of interest or principal of the Parity Bonds, said foreclosure action to be commenced and pursued as more completely set forth in the Agreement. Section 5 The Parity Bonds, when executed, shall be delivered to the Fiscal Agent for authentication. The Fiscal Agent is hereby requested and directed to authenticate the Parity Bonds by executing the Fiscal Agent's certificate of authentication and registration appearing thereon, and to deliver the Parity Bonds, when duly executed and authenticated, to the Authority in accordance with written instrucHons executed on behalf of the City by the Director of Administrative Services, which instrucHons such officer is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Fiscal Agent. Such instructions shall provide for the delivery of the Bonds to the Underwriter in accordance with the Purchase Agreement, upon payment of the purchase price therefor. Section 6. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the District and the sale and issuance of the Parity Bonds are hereby approved, confirmed and ratified, and the proper officers of the City are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Parity Bonds in accordance with this resolution, and any certificate, agreement, and other document described in the documents herein approved. All actions to be taken by the Director of Administrative Services as specified herein, may be taken by the D'uector of Administrative Services or any written designee thereof, with the same force and effect as if taken by the Director of Administrative Services. Section 7. This resolution shall take effect from and after its adoption. ~~.,«~*~,~*~~ -3- PASSED AND ADOPTED this 22nd day of November 1994, by the following vote: AYES: Councilmember ; ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: Council member ; TJONE ABSTAIN: Council member ; NoNE ABSENT: Council member : NoNE /~ , . Washburin, Mayor City of Lake Elsinore ATTEST: - ~ Vicki Kasad City Clerk APPROVED AS TO FORM & LEGALITY: ~ ~ Sohn R. Harper, City tto ey 11- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO AEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 22nd day of November, 1994, and that it was so adopted by the following vote: AYES: COUNCILMII~4BERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE -~ - r~~'.,-~"" VIC~(C F~;..AD~ CITY CLERK CITY OF' LAKE ELuINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 94-54 of said Council, and that the same has not been amended or repealed. DATED: November 28, 1994 ~J`~ VICKI KASAD, C~TY CLERK CITY ~; :~AKE ELF:INORE (SEAL)