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HomeMy WebLinkAboutCC RES 06-075RESOLUTION NO. 06-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT MAKING A FINDING OF SIGNIFICANT PUBLIC BENEFIT AND OTHER FINDINGS IN CONNECTION WITH THE ISSUANCE AND SALE BY THE PALM DESERT FINANCING AUTHORITY OF ITS TAX ALLOCATION REFUNDING REVENUE BONDS (PROJECT AREA NO. 2), 2006 SERIES A, TAX ALLOCATION REVENUE CAPITAL APPRECIATION BONDS (PROJECT AREA NO. 2), 2006 SERIES B, TAX ALLOCATION REVENUE BONDS (PROJECT AREA NO. 2), 2006 SERIES C, AND SUBORDINATE TAX ALLOCATION REVENUE CAPITAL APPRECIATION BONDS (PROJECT AREA NO. 2), 2006 SERIES D RECITALS: WHEREAS, the Palm Desert Financing Authority (the "Authority") has proposed to sell and issue four series of bonds (collectively, "the Bonds"): (i) Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, (ii) Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, (iii) Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series C, and (iii) Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series D; and WHEREAS, proceeds of the Bonds are to be applied to make four loans to the Palm Desert Redevelopment Agency (the "Agency") for the object and purpose of, among other things, assisting in (i) effecting a refunding of all of the Authority's remaining outstanding Tax Allocation Revenue Bonds (Project Area No. 2), Series 1995, and (ii) the financing of certain public capital improvements (the "Projects") of benefit to Project Area No. 2, of the Agency (the "Project Area"), including : (A) acquisition of open space for recreational purposes, (B) installation of Freedom Park at Country Club Drive and Liberty Avenue, (C) construction of a swimming pool and related shower and restroom facilities at the College of the Desert, (D) civic center park improvements, including the construction and improvements of public recreational buildings, (E) construction of a parking structure to accommodate a hotel and related development at the Desert Willow Golf Resort, (F) construction of a fire station and related improvements, (G) construction of a pedestrian bridge at University Park, (H) installation of a new section of Berger Drive and related improvements, (I) widening of Monterey Avenue between Magnesia Falls Drive and Gerald Ford Drive, (J) improvements to the on- and off -ramps at Monterey Avenue and Interstate 10, (K) construction of on- and off -ramps at Portola Avenue and Interstate 10, (L) drainage improvements along Monterey Avenue and (M) undergrounding of utilities on arterial streets throughout the Project Area; and WHEREAS, pursuant to Section 6586.5 of the California Government Code and Section 33679 of the California Health and Safety Code, after notice duly published in accordance with law, this City Council held a public hearing on this date P6402.1055\892568.1 RESOLUTION NO. 06-75 with respect to the issuance of the proposed Bonds and received evidence concerning the public benefits therefrom; and WHEREAS, there has been made available in the office of the City Clerk for two weeks prior to such public hearing for public inspection and copying, at a cost not to exceed the cost of duplication, an amended summary report which includes all of the following: (i) estimates of the amount of such taxes allocated to the Agency from the Project Area proposed to be used to pay for the Projects, including interest payments; (ii) facts supporting the determinations required to be made by the City Council pursuant to California Health and Safety Code Section 33445; and (iii) the redevelopment purpose for which such taxes are being used to pay for the installation and construction; and WHEREAS, it is the intent of the City Council that this Resolution shall supersede Resolution No. 06-57, adopted on April 27, 2006, in its entirety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The above recitals, and each of them, are true and correct. Section 2. Approval of Financing. The City Council hereby finds that the financing and refinancing of public capital improvements described in Recitals hereof through the issuance by the Authority of the Bonds will result in significant public benefits to the constituents of the Agency and the City of Palm Desert, including demonstrable savings in effective interest rate and more efficient delivery of Agency and City services to residential and commercial development. The City Council hereby approves the issuance of the Bonds by the Authority. Section 3. Further Findings. The City Council hereby finds and determines that based upon the "Amended Summary Report Regarding Payment by the Palm Desert Redevelopment Agency for All or A Portion of the Cost of the Acquisition of Land for Open Space and the Installation and Construction of Certain Other Public Capital Improvements of Benefit to Project Area No. 2," which Report was made available at the office of the City Clerk in connection with the public hearing described in the Recitals hereof, and other information presented to the City Council: (i) the above - described public capital improvements are of benefit to the Project Area and to the immediate neighborhood in which the Projects are located; (ii) the payment of funds for the cost of such public capital improvements will assist in the elimination of one or more blighting conditions inside the Project Area; (iii) the payment of funds for the cost of such improvements is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490; and (iv) no other reasonable means of financing such improvements is available to the City. Section 4. Approval of Payment by Aaencv. The City Council hereby approves payment by the Agency for the cost of the installation and construction of the above -described improvements from tax increment revenues of the Agency from the Project Area. P6402.1055\892568.1 2 RESOLUTION NO. 06-75 Section 5. Resolution No. 06-57 Superseded. Upon adoption, this Resolution shall supersede Resolution No. 06-57 in its entirety. Section 6. Other Acts. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution and any such actions previously taken by such officers are hereby ratified and confirmed. Section 7. Effective Date. This Resolution shall take effect immediately upon adoption. APPROVED and ADOPTED this 8th day of June 2006 by the following vote to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RACHE E D. KLASSE . C;TY CCLE K JIM SON, MAYOR P6402.1055\892568.1 3