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HomeMy WebLinkAboutRes 95-101 Indian Ridge CFD PALM DESERT REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM DATE: NOVEMBER 9, 1995 TO: CITY MANAGER, HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: EXECUTIVE DIRECTOR, REDEVELOPMENT AGENCY SUBJECT: INDIAN RIDGE COMMUNITY FACILITIES DISTRICT Recommendation: That the City Council consider the following resolutions and actions in the Parity Bond Issue for the Indian Ridge Community Facilities District, and approve Resolution No. 95 101 a resolution approving form of second supplement providing for the form, execution and issuance of Series 1995 Special Tax Bonds; approving the form of purchase contract; approving the form of and distribution of a preliminary official statement; and authorizing City Staff to take necessary actions and to prepare necessary documents in connection with the issuance and sale of the 1995 Special Tax Bonds. Background: In March of 1992, following a request from the Sunrise Company, the owner and developer of approximately 640 acres of land in the City, the City Council approved the formation of Community Facilities District 91-1 and the issuance of bonds secured by taxes levied against the land within the District. Proceeds from the bonds are authorized to be used to finance the acquisition and construction of a variety of infrastructure improvements, such as roads, curbs and sewer and water facilities, as well as impact fees payable to the Desert Unified School District, the Coachella Valley Water District and the City. In July of 1992, the City issued $11,870,000 principal amount of its Special Tax Bonds to finance public improvements necessitated by the development, as well as to establish a bond reserve fund and pay capitalized interest on and costs of issuance with respect to the bonds. We have been advised by the developer that almost all of the proceeds from the Series 1992 bonds have been spent or committed. The developer is scheduled to begin construction on another phase of the Indian Ridge project; accordingly, the developer has requested that the City issue an additional series of bonds to finance more public improvements and fees. Resolution No. 95-101 • The Fiscal Agent Agreement, which the City entered into with Bank of America, sets forth the terms and conditions under which new bonds may be issued. Essentially, the City must find that the land within the District has a market value at least equal to three times the amount of bonds outstanding and that there are sufficient special taxes to service debt service on all the bonds. Resolution of Issuance The enclosed Resolution authorizes the issuance of the new bonds and the execution of the bond documents. The City Manager and other staff is given the authority within certain parameters to execute final documents, including the Bond Purchase Contract. Since the District has already been formed, there is no public hearing or public vote requirement with respect to this action. Second Supplement The enclosed Second Supplement amends the original Fiscal Agent Agreement to describe the terms and conditions of the 1995 bonds. The maturities and interest rates on the bonds will be filled in following the pricing of the bonds by the underwriter and the execution of the Bond Purchase Contract. You will note that the Council agrees not to issue any further bonds secured on a parity basis with the 1992 bonds and the new 1995 bonds. The City is also agreeing to abide by the requirements of a Continuing Disclosure Agreement, the form of which is attached to the draft of the Bond Purchase Contract. The Continuing Disclosure Agreement is required by SEC Rule 15c2-12(b) which became effective on July 3, 1995. It is anticipated that the City will retain its financial advisor to assist in compliance with this agreement. CITY COUNCIL ,ACTION: APPROVED v DENIED RECEIVED OTHER _ Carlos L. Ortega MEE' IAr LATE Executive Director NOES _ ' ABSENT: ..y�A- CLO:DY:mh ABSTAIN: - � VERIFIED BY:F( .7fZ Attachments (as noted) Original on lie with City Clerk's Office 2