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HomeMy WebLinkAbout1994 045 CC RESO1994 045 CC RESO(Ìì´’ RESOLUTION NO. 94-45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE ISSUANCE OF NOT TO EXCEED $9,000,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE TAX ALLOCATION) BONDS 1994 SERIES A BY THE BALDWIN PARK FINANCING AUTHORITY AND THE INCURRING OF INDEBTEDNESS NOT TO EXCEED $9,000,000 AGGREGATE PRINCIPAL AMOUNT BY THE BALDWIN PARK REDEVELOPMENT AGENCY WHEREAS, the Baldwin Park Redevelopment Agency the Agency") is a redevelopment agency and public body, corporate and politic, duly created under and pursuant to the Community Redevelopment Law of the State of California the Redevelopment Law") consisting of Part 1 of Division 24 of the Health and Safety Code of the State of California, and the powers of the Agency include the power to issue bonds and incur indebtedness for any of its corporate purposes; and WHEREAS, the Agency previously issued its Sierra vista Redevelopment Project 1988 Variable Rate Demand Tax Allocation Bonds the Prior Bonds") the proceeds of which were used by the Agency to undertake redevelopment projects the Redevelopment Projects") in the Sierra Vista Redevelopment Project Area located in the City of Baldwin Park the City"); and WHEREAS, the Baldwin Park Financing Authority the Authority") is a joint powers authority formed pursuant to that certain Joint Powers Agreement the JPA Agreement"), dated as of April 1,1988, by and between the City and the Agency, under and pursuant to the authority of the Joint Exercise of Powers Act, consisting of Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, and the Marks-Roos Local Bond Pooling Act of 1985, consisting of Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California collectively, the JPA Acts"), and the powers of the Authority include the powers to issue bonds and make loans for any of its corporate purposes; and WHEREAS, the Agency and the Authority deem it necessary and desirable for the Authority to issue its not to exceed $9,000,000 Tax Allocation) Bonds 1994 Series A the Authority Bonds") pursuant to its powers under the JPA Acts, the proceeds of which Authority Bonds would be borrowed by the Agency the Agency Loans") for the purpose of permitting the Agency to refund the Prior Bonds and repay certain other indebtedness owed by the Agency to the City, all as permitted by the Redevelopment Law; and WHEREAS, the Agency and the Authority are desirous of obtaining the approval of this Council for the issuance of the Authority Bonds and the making of the Agency Loans pursuant to this Resolution. NOW, THEREFORE, be it resolved by the Council of the City of Baldwin Park, California as follows: SECTION 1. All of the above recitals are true and correct, and this Council so finds and determines. BIB] 37650-U01 1994-U02 045-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1567-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-45-U05 MAY-U05 4-U05 1994-U05 1994 045 CC RESO(Ìì´’ RESOLUTION NO.94-45 PAGE TWO SECTION 2. For the purposes of giving its approval of the issuance of the Authority Bonds and giving its approval of entering into the Agency Loans by the Agency, the Council of the City hereby approves the refinancing of the Prior Bond through the issuance and sale of the Authority Bonds, in the aggregate principal amount of not to exceed $9,000,000 to refinance the Prior Bonds and to pay costs incidental thereto. SECTION 3. The Authority Bonds shall be issued so that the interest thereon shall be excluded from federal income taxation under the Internal Revenue Code of 1986, as amended; and bear interest at a rate not to exceed twelve percent 12%) per annum; provided that no Authority Bonds shall have a maturity date in excess of thirty- five years from the date of issuance. The Authority Bonds shall be sold and awarded by negotiated sale. SECTION 4. The officers of the Agency and the officers of the Authority and their respective designees, and each of them, are hereby authorized and directed to prepare, approve and distribute its resolutions, indentures, loan agreements, escrow agreements and related documents authorizing the issuance of the Authority Bonds and the Agency Loans, and a preliminary official and final official statement for the sale of the Authority Bonds, setting forth the details of the sale, and said officers and such designees are hereby further authorized and directed to prepare, execute, publish and distribute such other notices, documents, agreements, certificates, opinions and instruments as the Agency and the Authority shall deem necessary or desirable to effectuate the issuance and sale of the Authority Bonds as approved pursuant to this Resolution. SECTION 5. The action of the Council of this City in adopting this Resolution shall not result in any pecuniary liability whatsoever on the part of the City. SECTION 6. This Resolution shall take effect immediately upon its adoption. APPROVED, PASSED AND ADOPTED this 4th day of May, 1994 MAYOR ATTEST: LINDA L. G CLERK BIB] 37650-U01 1994-U02 045-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1567-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-45-U05 MAY-U05 4-U05 1994-U05 1994 045 CC RESO(Ìì´’ RESOLUTION NO.94- 45 PAGE THREE STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss. CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk for the City of Baldwin Park do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Baldwin Park City Council at a REGULAR MEETING thereof, held on the 4th day of May, 1994 by the following vote: AYES: COUNCILMEN MUSE, MARTINEZ, GALLEGOS, LOWES, MAYOR VARGAS NOES: COUNCILMEN NONE ABSTAIN: COUNCILMEN NONE ABSENT: COUNCILMEN NONE LINDA L. GAIR, CITY CLERK BIB] 37650-U01 1994-U02 045-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1567-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-45-U05 MAY-U05 4-U05 1994-U05