HomeMy WebLinkAboutCC RES 95-081{
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RESOLUTION NO. 95-81
RSA2796�8
RESOLUTION OF TF� CITY COUNCIL OF THE CITY OF
PALM DESERT AUTHORIZING THE ISSUANCE AND SALE
OF REFUNDING BONDS FOR ASSESSMENT DISTR�CT
NO. 84-1-R
WHEREAS, bonds were issued for North Sphere Assessment
District No. 84-1-R, City of Palm Desert, County of Riverside,
State of California (the "Assessment District") on March 29, 1988,
in the aggregate principal amount of $8,275,000 and such bonds
remain outstanding in the aggregate principal amount of $5,575,000
(the "Outstanding Bonds"); and
WHEREAS, the City Council (the "City Council") of the
City of Palm Desert, California (the "City") has conducted
proceedinqs pursuant to the Refunding Act of 1984 for 1915
Improvement Act Bonds, Division 11.5 (commencing with Section 9500)
of the Streets and Highways Code of the State of California (the
"Refunding Act") and has adopted a resolution approving a report
prepared pursuant to Section 9523 of the Streets and Highways Code
of the State of California and confirming a reassessment contained
therein, and all acts required by the Refunding Act with respect to
the confirmation of such reassessment have been accomplished; and
WFiEREAS, the City Council has determined that it is in
the best interests of the City and the owners of property within
the Assessment District that the maturity of the Outstanding Bonds
be advanced and that the Outstanding Bonds be refunded and
redeemed, and that refunding bonds be issued pursuant to the
Refunding Act for that purpose; and
WHEREAS, in order to accomplish the advancement of the
maturity of and the refundinq and redemption of the Outstanding
Bonds, the City proposes to issue not to exceed $4,600,000
aggregate principal amount of refunding bonds to be designated
Limited Obligation Refunding Bonds (Property Secured Only - No
Issuer Liability), City of Palm Desert, Assessment District No. 84-
1-R, Series 1995 (the "Bonds"); and
WHEREAS, there has been presented to the City Council a
form of Bond Purchase Contract whereby the Palm Desert Financing
Authority (the "Authority") will purchase the Bonds; and
WHEREAS, the Authority will issue its 1995 Revenue Bonds
(Assessment Districts Nos. 83-1, 84-1-R and 87-1) (the "Authority
Bonds") for the purpose of providing moneys with which to purchase
the Bonds; and
WHEREAS, there has also been presented to the City
Council a form of Fiscal Agent Agreement providing for the issuance
of the Bonds; and
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WHEREAS, there has also been presented to the City
Council a form of Escrow Deposit and Trust Agreement whereby the
proceeds of the sale of the Bonds and moneys on deposit in the
reserve fund for the outstanding Bonds and other funds relating to
the Assessment District and the Outstanding Bonds will be deposited
in an escrow fund for the purpose of accomplishing the refunding
and redemption of the Outstanding Bonds; and
WHEREAS, there has also been presented to the City
Council a form of Continuinq Disclosure Agreement to be entered
into among the Authority, the City .and the Trustee for the
Authority Bonds for the benefit of the owners of the Bonds and in
order to assist the Underwriter in complying with Rule 15c2-
12(b)(5) of the Securities and Exchange Commission; and
WHEREAS, the City Council has determined that it is in
the best interests of the owners of property within the Assessment
District that the Bonds be sold to the Authority on the terms and
conditions hereinafter specified;
NOW, THEREFORE, the City Council of the City of Palm
Desert, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as
follows:
SECTION 1.. AAproval of Issuance of Bonds. The
issuance of not to exceed $4,600,000 aggregate principal amount of
the Bonds in order to refund and redeem the Outstanding Bonds is
hereby approved.
SECTION 2.. Fiscal Aqent Aqreement. The form of
Fiscal Agent Agreement to be dated as of the date when the Bonds
will be delivered and the proceeds from the sale thereof will be
received (the "Closing Date") and to be entered into by and between
the City and Bank of America National Trust and Savinqs
Association, as fiscal agent (the "Fiscal Aqent Agreement"),
presented at the meeting at which this resolution is adopted is
hereby approved and the Mayor or the Mayor Pro Tempore of the City
and City Clerk are hereby authorized and directed, for and in the
name of and on behalf of City, to execute, acknowledge and deliver
the Fiscal Agent Agreement in substantially the form presented at
said meeting with such changes thereto as the officers executing
the same may approve, such approval to be conclusively evidenced by
the execution and delivery thereof.
SECTION 3.. Apnointment of Fiscal Aqent. Bank of
America National Trust and Savings Association is hereby appointed
as Fiscal Agent pursuant to the Fiscal Agent Agreement, to take any
and all action provided for therein to be taken by the Fiscal
Agent.
SECTI�N 4.. Delivery of Bonds. The form of the Bonds
as set forth in the Fiscal Agent Agreement is hereby approved. The
City Treasurer and City Clerk are hereby authorized and directed to
execute by manual or facsimile signature, in the name and on behalf
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of the City and under its seal, the Bonds in
definitive form and to deliver the Bonds to the
accordance. with the terms and provisions of the
Agreement and the Bond Purchase Contract.
typewritten,
Authority in
Fiscal Agent
SECTION 5.. Bond Purchase Contract. The form of the
Bond Purchase Contract (the "Bond Purchase Contract") presented at
the meeting at which this resolution is adopted to be entered into
by and between the City and the Authority, whereby the Authority
will purchase the Bonds from the City upon the terms and conditions
set forth therein, is hereby approved and, subject to such approval
and subject to the provisions of Section 6 hereof, the Mayor, the
Mayor Pro Tempore, the Acting City Manager or the City Treasurer is
hereby authorized and directed to evidence the City's acceptance of
the offer made by the Bond Purchase Contract by executing and
deliverinq the Bond Purchase Contract in said form with such
changes therein as the officer executing the same may approve, such
approval to be conclusively evidenced by the execution and delivery
thereof.
SECTION 6.. �'inal Terms of Sale of Bonds. The Acting
City Manager or the City Treasurer, based on such advise as he may
deem necessary, is hereby authorized and directed to act on behalf
of the City to establish and determine: (i) the final agqregate
principal amount of the Bonds, which shall not exceed $4,600,000;
(ii) the final maturity date of the Bonds, which shall not be later
than the maturity date of the last maturity of the Outstanding
Bonds; (iii) the final interests rates on the various maturities of
the Bonds, provided that the interest rate on any of the Bonds
shall not exceed 6.50$ per annum; and (iv) the purchase price to be
paid by the Authority for the purchase of the Bonds, which shall
not be less than 98.5� of the aqgregate principal amount of the
Bonds.
SECTION 7.. Escrow Aqreement; Escrow Holder. The form
of the Escrow Deposit and Trust Agreement Relating to City of Palm
Desert Bonds of Assessment District No. 84-1-R to be dated as of
the Closing Date and to be entered into by and among the City, the
Authority and Bank of America National Trust and Savings
Association, as escrow holder (the "Escrow Agreement"), presented
at the meeting at which this resolution is adopted is hereby
approved and the Mayor, the Mayor Pro Tempore or the City Treasurer
is hereby authorized to execute and deliver said agreement in said
form with such changes therein as the officer executing the same
may approve, such approval to be conclusively evidenced by the
execution and delivery thereof. Bank of America National Trust and
Savings Association is appointed as Escrow Holder pursuant to the
Escrow Agreement, to take any and all action provided therein to be
taken by the Escrow Holder.
SECTION 8.. Continuing Disclosure Agreement. The form
of the Continuing Disclosure Agreement to be dated as of the
Closing Date and to be entered into by and among the City, the
Authority and Bank of America National Trust and Savings
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Association, as Trustee under the Indenture of Trust relating to
the Authority Bonds, presented at the meetinq at which this
resolution.is adopted is hereby approved, and the Mayor, the Mayor
Pro Tempore or the City Treasurer is hereby authorized to execute
and deliver said agreement in said form with such chanqes therein
as the officer executing the same may approve, such approval to be
conclusively evidenced by the execution and delivery thereof.
SECTION 9.. �plication of Reserve Fund and Other
Funds. The amount remaining on deposit in the reserve fund for the
Outstanding Bonds shall be used to retire such bonds as provided in
Section 8885 of the Streets and Highways Code of the State of
California. In order to comply with the requirements of that
section, the City Treasurer shall transfer or cause the fiscal
agent or paying agent for the Outstanding Bonds to transfer the
entire amount remaining on deposit in said reserve fund to the
Escrow Holder for deposit in the Escrow Fund to be established
pursuant to the Escrow Agreement. The City Treasurer shall also
transfer or cause the transfer of the amount on deposit in the
redemption fund for the Outstanding Bonds which is in excess of the
amount needed to pay the interest on and principal of the
outstandinq Bonds on September 2, 1995, and any amount which may be
on deposit in the improvement fund for the Assessment District to
the Escrow Holder for deposit in the Escrow Fund as provided in the
Escrow Agreement.
SECTION 10.. Other Acts. The officers and staff of the
City are authorized and directed, jointly and severally, to do any
and all thinqs and to execute and deliver any and all documents,
which in consultation with staff, counsel to the City and bond
counsel, they may deem necessary or advisable in order to
consummate the issuance, sale and delivery of the Bonds or
otherwise effectuate the purposes of this resolution, and any and
all such actions previously taken by such officers or staff inembers
are hereby ratified and confirmed.
SECTION 11.. Effective Date. This resolution shall
take effect upon adoption.
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PASSED, APPROVED AND ADOPTED this 24th August, 1995 by
the followinq vote:
AYES:BENSON, KELLY, SNYDER, SPIEGEL, CRITES
NOES : Not�rE
ABSENT: NONE
ABSTAINED: NONE
d
Btiford Crites, Mayor of the
City Palm Desert, California
ATTEST:
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RTA280266
sheila R. Gilligan, �ty Clerk
of the City of Palm <e'esert,
California
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I, SHEILA R. GILLIGAN, City Clerk of the City of Palm
Desert, California, do hereby certify that the foregoing resolution
was regularly introduced and adopted by the City Council of the
City of Palm Desert, California, at a regular meetinq thereof held
on the 24th day of August, 1995 by the followinq vote of the
Council:
AYES: BENSON, KELLY, SNYDER, SPIEGEL, CRITES
NOES : Norr�
ABSENT: Not�
ABSTAINED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Palm Desert, California,
this 31st day of Au ust , 1
�, _ _ /�0%% �-
City Clerk of�the Cit�f
Palm Desert, Califo
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STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
I, Sheila R. Gilligan, City Clerk of the City of Palm
Desert, California, DO HEREBY CERTIFY that the above and foregoing
is a full, true and correct copy of Resolution No.95-81and that the
same has not been amended or repealed.
DATED: August 31, , 1995
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City Clerk�i� the Ci�f/of
Palm Desert, Califo�a
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