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HomeMy WebLinkAbout1986 116 CC RESO1986 116 CC RESOø RESOLUTION NO. 86-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE PARTICIPATION OF THE CITY OF ALHAMBRA, CALIFORNIA IN THE ICRMA CAPITALIZED PROGRAM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AGREEMENT AND AN OFFICIAL STATEMENT AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Baldwin Park the City") is a municipality duly organized and existing under the Constitution and laws of the State of California the State"); WHEREAS, the Independent Cities Risk Management Authority the Provider") is a joint exercise of powers agency of which the City is a member; WHEREAS, the Provider has previously determined to assist the City and certain other cities which are members of the Provider to obtain self-insurance for liability risks the Coverage") through and on the terms set forth in the Liability Risk Coverage Agreement the Agreement"), in substantially the form previously approved by this Council, by and among the Provider, and the Cities of Arcadia, Azusa, Baldwin Park, Bell, Culver City, Downey, El Monte, Glendora, Hawthorne, Hermosa Beach, Huntington Park, Indio, Inglewood, Lynwood, Manhattan Beach, Monterey Park, Redondo Beach, San Fernando, South Gate, Vernon, West Covina and Whittier, California each of the City and such Cities set forth in this paragraph being referred to herein individually as a Providee" and collectively as teh Providees"); WHEREAS, this Council has previously authorized the execution of the Agreement for the purpose of providing Coverage for the City for the benefit of the City's residents and taxpayers and for the health and safety of the public; WHEREAS, the City has previously authorized the sale and delivery pursuant to the Trust Agreement the Trust Agreement") in substantially the form previously authorized by this Council, with an effective date of the date of execution thereof, among the Provider, the Providees and Seattle-First National Bank the Trustee"), of Certificates of Participation the Certificates") evidencing undivided and proportionate interestes in Basic Premium to be paid by the City and the other Providees under the Agreement in order to fund reserves initially in an amount determined sufficient to pay Settlements as defined in the Agreement) when due and to provide the Coverage described in the terms set forth in the Agreement and in the Memorandum of Liability Coverage attached thereto at Exhibit B the Memorandum"); WHEREAS, the City of Alhambra, California Alhambra")/ which is a member of ICRMA, has amended the terms of its City Charter by the requisite popular vote at the general election on November 4, 1986 in order to participate with the Providees in obtaining the Coverage, and desires to be a party to the Agreement and Trust Ogreement, and this Council hereby finds and determines that the advantages of risk-sharing and pooling of losses support the addition of Alhambra as Providee; BIB] 37847-U01 1986-U02 116-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO20545-U03 DO20561-U03 C6-U03 RESO-U03 8/12/2003-U04 ROBIN-U04 1986 116 CC RESOø Resolution No. 86-116 Page 2 WHEREAS, all acts, conditions and things required by the Constitution and laws of the State to exist, to have happened and to have been performed precedent to and in connection with the consummation of the financing authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AS FOLLOWS: SECTION 1. Declaration of Council. This Council hereby specifically finds and declares that the actions authorized hereby constitute and are with respect to public affairs of the City, and that the statements, findings and determinations of the City set forth in the preambles above and of the documents approved herein are true and correct. SECTION 2. Approval of Alhambra; Allocable Proportion. The participation of Alhambra in the capitalized pooled liability self-insurance program contemplated by the Agreement and the Trust Agreement, and inclusion of Alhambra as a party to such agreement in substantially the forms previously approved by this Council, and as a Provides as that term is used hereinafter, are hereby approved As a result of the participation of Alhambra, the Allocable Proportions as that term is used in the Agreement) for each Providee, which equal the percentages payable by each City of total interest and principal represented by the Certificates previously authorized to be sold pursuant to the terms of the Trust Agreement, will be as set forth in Exhibit A hereto. SECTION 3. Purchase Agreement. The form of Purchase Agreement, among the Providees, the Provider and Drexel Burnham Lambert Incorporated the Underwriter"), presented to this meeting and on file with the Clerk of the City Council, is hereby approved. The Mayor, City Manager and City Clerk and any other City officer or official of the City authorized by the Mayor are hereby authorized and directed, for and in the name and on behalf of the City, to execute, acknowledge and deliver to the Underwriter said Purchase Agreement in substantially said from with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the aggregate principal amount of the Certificates to be sold shall not exceed $30/450/000, and that the principal amount of the Certificates allocated to the City shall not exceed $1,340/000; and provided further, that the interested rate with respect to the Certificates shall not exceed 8.75% and the underwriter's discount shall not exceed 3.0%. SECTION 4. Preliminary Official Statement. The form of Preliminary Official Statement Preliminary Official Statement") relating to the Certificates presented to this meeting and on file with the Clerk of the City Council, is hereby approved. The Preliminary Official Statement in substantially said form/ with changes as the above-described officers may require or approve, which approval shall be conclusively evidenced by the execution and delivery thereof shall hereinafter be referred to as the Official Statement". The above-described officers or any such officers's designee are hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Underwriter said Official Statement. The Underwriter is hereby authorized to distribute copies of the Preliminary Official Statement to persons who may be interested in the purchase of the Certificates and is directed to deliver copies of any final BIB] 37847-U01 1986-U02 116-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO20545-U03 DO20561-U03 C6-U03 RESO-U03 8/12/2003-U04 ROBIN-U04 1986 116 CC RESOø Resolution No. 86-116 Page 3 Official Statement to all actual purchasers of the Certificates. SECTION 5. Attestation and Seal. The Clerk of the City Council is hereby authorized and directed to attest the signature of the authorized signatory, and to affix and attest the seal of the City, as may be required or appropriate in connection with the execution and delivery of said Purchase Agreement and Official Statement. SECTION 6. Further Actions. Officers of the City Council and the Mayor, City Manager and City Clerk and any other officer or official of the City authorized by the Mayor, are hereby authorized and directed, jointly and severally, to do any all things and to execute and deliver any and all documents which may deem necessary or advisable in order to proceed with the execution and delivery of the Purchase Agreement and the Official Statement and the sale, execution and delivery of the Certificates by the Trustee and otherwise to carry out, give effect to and comply with the terms and intent of this Statement. Such actions heretofore taken by such officers are hereby ratified, confirmed and approved. SECTION 7. Effective Date. This resolution shall take effect immediately upon its passage. PASSED and APPROVED this 18th day of December, 1986. /^^^ol- MAYOR ATTEST: LINDA L. GAIR, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its adjourned regular meeting of the City Council on the 18th day of December, 1986, by the following vote: AYES COUNCILMEN GIBSON, IZELL, KING AND MAYOR WHITE_________ NOES COUNCILMEN NONE_________________________________________ ABSENT: COUNCILMEN NONE LINDA L. GAIR, CITY CLERK BIB] 37847-U01 1986-U02 116-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO20545-U03 DO20561-U03 C6-U03 RESO-U03 8/12/2003-U04 ROBIN-U04 1986 116 CC RESOø EXHIBIT A CITY ALLOCABLE PROPORTION Alhambra Arcadia Azusa Baldwin Park Bell Culver City Downey El Monte Glendora Hawthorne Hennosa Beach Huntington Park Indio Inglewood Lynwood Manhattan Beach Monterey Park Redondo Beach San Fernando South Gate Vernon West Covina Whittier 6.64% 3.09% 3.72% 4.40% 3.10% 5.08% 3.29% 6.81% 4.25% 7.37% 3.55% 3.44% 2.96% 2.65% 2.75% 3.41% 4.60% 7.57% 2.51% 5.10% 2.89% 7.12% 3.70% Note: Percentages may not add to 100% due to rounding BIB] 37847-U01 1986-U02 116-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO20545-U03 DO20561-U03 C6-U03 RESO-U03 8/12/2003-U04 ROBIN-U04