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HomeMy WebLinkAbout2002 026 CC RESO2002 026 CC RESO¹òw @˜ÑRESOLUTION NO. 2002-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING DELIVERY AND SALES OF CERTIFICATES OF PARTICIPATION IN THE MAXIMUM PRINCIPAL AMOUNT OF $5,000,000 TO FINANCE CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS, AND APPROVING RELATED DOCUMENTS AND ACTIONS WHEREAS, the City of Baldwin Park City") has determined to undertake an accelerated program for the improvement of public streets and related facilities as hereinafter described collectively, the Street Improvement Project) and the City wishes to finance such improvement from motor vehicle fuel tax revenues received by the City from the State of California; and WHEREAS, the Baldwin Park Financing Authority the Authority") has been formed for the purpose of assisting the City in the financing of facilities and property useful to the City, and the City has requested the Authority to assist it in financing the construction of the Street Improvement Project; and WHEREAS, in order to provide funds for such purposes, the City has proposed to lease to the Authority certain real property which generally constitutes a part of the public street system of the City the Leased Property") under a Site Lease by and between the City as lessee and the Authority as lessor the Site Lease"), for a payment the Site Lease Payment") which the City will use to finance the Street Improvement Project, and the Authority has agreed to lease the Leased Property back to the City pursuant to a Lease Agreement by and between the Authority as lessor and the City as lessee; and WHEREAS, the Authority has further agreed to assign its right to receive lease payments under the lease to U.S. Bank, N.A., as trustee the Trustee"), and in consideration of such assignment the Trustee has agreed to execute and deliver not to exceed $5,000,000 aggregate principal amount of 2002 Variable Rate Demand Certificates of Participation Street Improvement Program) the Certificates of Participation"), each evidencing a direct, undivided fractional interest in the lease payments to be paid by the City under the Lease, the proceeds of which will be applied by the Authority to pay the Site Lease Payment to the City, pursuant to that certain Trust Agreement The Trust Agreement"), by and among the Authority, the City and the Trustee; and WHEREAS, a financial institution the Bank") to be determined by the Chief Executive Officer or the Director of Finance each, an Authorized Official"), will issue an irrevocable direct-pay letter of credit the Letter of Credit") in support of the Certificates of Participation; and BIB] 37425-U01 2002-U02 026-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8678-U03 DO8706-U03 C6-U03 RESO-U03 03/11/2002-U04 ADMIN-U04 2002 026 CC RESO¹òw @˜ÑResolution No. 2001-026 Page 2 WHEREAS, the City Council wishes at this time to authorize and approve all proceedings for the financing of the Street Improvement Project, the delivery and sale of the Certificates of Participation for such purpose, and all related documents and actions, in furtherance of the public purposes of the City; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY OF BALDWIN PARK AS FOLLOWS: SECTION 1. Approval of Financing Plan and Related Documents. The City Council hereby approves the financing plan outlined above. To that end, the City Council hereby approves each of the following financing documents in substantially the respective forms on file with the City Clerk together with any changes therein or additions thereto deemed advisable by Authorized Official, provided that the execution thereof by the Authorized Official shall be conclusive evidence of such approval: A) Site Lease by and between the City as lessor and the Authority as lessee, whereby the City leases the Leased Property to the Authority. B) Lease Agreement by and between the Authority as lessor and the City as lessee, whereby the Authority agrees to lease the Leased Property to the City in consideration of the payment by the City of semiannual lease payments. C) Trust Agreement by and among the City, the Authority and The Trustee, whereby the Trustee agrees to execute and deliver the Certificates of Participation. In addition, the City Council hereby authorizes the Authorized Official to negotiate a form of Remarketing Agreement between the City and a remarketing agent for the Certificates of Participation the Remarketing Agent"), whereby the Remarketing Agent agrees to remarketthe Certificates of Participation during any period in which interest is set at a variable rate; and a form of Letter of Credit and Reimbursement agreement between the City and the Bank whereby the Bank agrees to issue the Letter of Credit for the security of the Certificates of Participation and the City agrees to repay amounts drawn under the Letter of Credit. The Authorized Official is authorized and directed for and in the name and on behalf of the City to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to the final form of each of the foregoing documents. The schedule of lease payments attached to the Lease Agreement shall correspond to the payments of principal and interest represented by the Certificates of Participation, to be determined upon the sale thereof as set forth in Section 2. BIB] 37425-U01 2002-U02 026-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8678-U03 DO8706-U03 C6-U03 RESO-U03 03/11/2002-U04 ADMIN-U04 2002 026 CC RESO¹òw @˜ÑResolution No. 2001-026 Page 3 SECTION 2. Sale of Certificates of Participation. The C'rty Council hereby approves the sale of the Certificates of Participation by negotiation with Seidler-Fitzgerald Public Finance, as underwriter the Underwriter"). The Certificates of Participation shall be sold to the Underwriter pursuant to an agreement to be approved by the City Council by resolution adopted prior to the sale thereof. SECTION 3. Authorization to Institute Judicial Validation Proceedings. The City Council hereby authorizes the filing of an action, pursuant to Chapter 9 commencing with Section 860) of Title 10 of Part 2 of the California Code of Civil Procedure, to determine the validity of the Site Lease, the Lease Agreement, the Trust Agreement and related matters. Such action shall be prosecuted on behalf of the City by the City Attorney with the advice and assistance of Jones Hall, a Professional Law Corporation, as bond counsel to the City in connection with the issuance and sale of the Certificates of Participation. SECTION 4. Official Actions. The Mayor, the Chief Executive Officer, the Director of Finance, the Crty Clerk and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all assignments, certificates, requisitions, agreements, notices, consents, leases and other instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved pursuant to this Resolution. Whenever in this resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. SECTION 5. Effective Date. This resolution shall take effect from and after the date of its passage and adoption. APPROVED AND ADOPTED on this 20th day of February, 2002. MANUEL LOZANO,MAYOR BIB] 37425-U01 2002-U02 026-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8678-U03 DO8706-U03 C6-U03 RESO-U03 03/11/2002-U04 ADMIN-U04 2002 026 CC RESO¹òw @˜ÑResolution No. 2001-026 Page 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss: CITY OF BALDWIN PARK I, Rosemary M. Ramirez, Chief Deputy 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 regular meeting of the City Council on February 20, 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Marten Garcia, Ricardo Pacheco, Mayor Pro Tern Gair and Mayor Lozano None ABSENT: COUNCILMEMBERS: Bill Van Cleave ABSTAIN: COUNCILMEMBERS: None Rosemary IvrRayhirez, CMC Chief Deputy City Clerk BIB] 37425-U01 2002-U02 026-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8678-U03 DO8706-U03 C6-U03 RESO-U03 03/11/2002-U04 ADMIN-U04