HomeMy WebLinkAboutRes 04-47 & FA-49 Revenue Bonds (Project Area No. 1, as Amended), 2004 SeriesCITY OF PALM DESERT/PALM DESERT FINANCING AUTHORITY
REQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
STAFF REPORT
APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT MAKING FINDING OF SIGNIFICANT
PUBLIC BENEFIT IN CONNECTION WITH THE ISSUANCE AND
SALE OF TAX ALLOCATION REFUNDING REVENUE BONDS
(PROJECT AREA NO. 1, AS AMENDED), 2004 SERIES A, OF THE
PALM DESERT FINANCING AUTHORITY
APPROVAL OF A RESOLUTION OF THE PALM DESERT
FINANCING AUTHORITY ACKNOWLEDGING FINDING OF
SIGNIFICANT PUBLIC BENEFIT IN CONNECTION WITH THE
ISSUANCE AND SALE OF THE AUTHORITY'S TAX ALLOCATION
REFUNDING REVENUE BONDS (PROJECT AREA NO. 1, AS
AMENDED), 2004 SERIES A AND APPROVING THE ISSUANCE,
SALE AND DELIVERY OF SUCH BONDS
DENNIS M. COLEMAN, REDEVELOPMENT FINANCE MANAGER
MAY 27, 2004
CITY COUNCIL RESOLUTION NO. 04- 47
PALM DESERT FINANCING AUTHORITY RESOLUTION NO.
FA- 49
Recommendation:
By Minute Motion:
1.
Receive Public Testimony.
2. That the City Council approve Resolution No. 04- 47 , making finding of
significant public benefit in connection with the issuance and sale of Tax
Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended),
2004 Series A, of the Palm Desert Financing Authority.
3. That the Palm Desert Financing Authority approve Resolution No. FA-49 ,
acknowledging finding of significant public benefit in connection with the
issuance and sale of the Authority's Tax Allocation Refunding Revenue
Bonds (Project Area No. 1, As Amended), 2004 Series A and approving the
issuance, sale and delivery of such bonds.
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Staff Report
City of Palm Desert/Palm Desert Financing Authority Resolutions
Page 2
May 27, 2004
Executive Summary
The attached resolutions of the City Council and the Financing Authority are preliminary
steps which will further the process to issue tax-exempt refunding bonds of the Financing
Authority payable from tax increment revenues from Project Area No. 1, As Amended.
Discussion:
State Law requires that a member local agency of the Financing Authority within whose
boundaries the financed improvements are to be located, hold a public hearing and make
a finding of significant public benefit with respect to the improvements. State law also
requires the City Council to hold a public hearing in connection with certain improvements
financed with tax increment revenues of the Redevelopment Agency.
Staff is recommending that the City Council hold the public hearing, adopt its resolution
making the findings, and that the Financing Authority subsequently adopt its resolution
acknowledging those findings.
Submitted By:
Dennis M. Coleman
Redevelopment Finance Manager
DMC:mh
Approval:
McCarthy
edevelopment
arios L. Ortega, Execiifive Director/
Chief Administrative Officer
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Department Head:
David Yri
Direct • o edevelopment
Paul S. Gibson
Director of Finance/Treasurer
RESOLUTION NO. 47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT MAKING A FINDING OF SIGNIFICANT
PUBLIC BENEFIT IN CONNECTION WITH THE
ISSUANCE AND SALE OF TAX ALLOCATION
REFUNDING REVENUE BONDS (PROJECT AREA NO. 1,
AS AMENDED), 2004 SERIES A, OF THE PALM DESERT
FINANCING AUTHORITY
RECITALS:
WHEREAS, the Palm Desert Financing Authority (the "Authority") has
proposed to sell and issue its Tax Allocation Refunding Revenue Bonds (Project Area
No. 1, As Amended), 2004 Series A (the "Bonds"); and
WHEREAS, proceeds of the Bonds are to be applied for the purpose of
making a loan to the Palm Desert Redevelopment Agency (the "Agency") for the object
and purpose of, among other things, assisting in the refunding of the Authority's Tax
Allocation Revenue Bonds (Project Area No. 1, As Amended), Series 1995 and the
financing of certain public capital improvements of benefit to Project Area No. 1, As
Amended, of the Agency, including street improvements to Fred Waring Drive, to the
frontage road along Highway 111 and to Allesandro Way, and the installation of a street
connecting Fred Waring Drive to Hovely Lane; and
WHEREAS, pursuant to Section 6586.5 of the California Government
Code and after notice duly published in accordance with law, this City Council held a
public hearing on this date with respect to the proposed financing and received
evidence concerning the public benefits therefrom; and
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 of public capital improvements described above 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. 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
P6402-1051\729190v4.doc
RESOLUTION NO. 47
the purposes of this Resolution and any
are hereby ratified and confirmed.
Section 4. Effective Date.
upon adoption.
vote to wit:
such actions previously taken by such officers
This Resolution shall take effect immediately
APPROVED and ADOPTED this 27th day of May, 2004, by the following
AYES:
NOES:
ABSENTS:
ABSTAINS:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
P6402-1051\729190v4.doc
RESOLUTION NO. FA- 49
A RESOLUTION OF THE PALM DESERT FINANCING
AUTHORITY ACKNOWLEDGING A FINDING OF
SIGNIFICANT PUBLIC BENEFIT IN CONNECTION WITH
THE ISSUANCE AND SALE OF THE AUTHORITY'S TAX
ALLOCATION REFUNDING REVENUE BONDS
(PROJECT AREA NO. 1, AS AMENDED), 2004 SERIES A
AND APPROVING THE ISSUANCE, SALE AND
DELIVERY OF SUCH BONDS
RECITALS:
WHEREAS, the Palm Desert Financing Authority (the "Authority") is a joint
powers authority duly organized and existing under and pursuant to Articles 1 through 4
(commencing with Section 6500), Chapter 5, Division 7, Title 1 of the California
Government Code (the "Act") and that certain Joint Exercise of Powers Agreement,
dated as of January 26, 1989, by and between the City of Palm Desert and the Palm
Desert Redevelopment Agency (the "Agency"), and is authorized pursuant to Article 4 of
the Act to issue bonds for the purpose of making loans to the Agency to provide
financing for public capital improvements; and
WHEREAS, the Authority desires to issue and sell bonds to be designated
as its "Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended),
2004 Series A" (the "Bonds"); and
WHEREAS, proceeds of the Bonds are to be applied for the purpose of
making a loan to the Agency for the object and purpose of, among other things,
refunding the Authority's Tax Allocation Revenue Bonds (Project Area No. 1, As
Amended), Series 1995 and assisting in the financing of certain public capital
improvements of benefit to Project Area No. 1, As Amended, of the Agency, including
street improvements to Fred Waring Drive, to the frontage road along Highway 111 and
to Allesandro Way, and the installation of a street connecting Fred Waring Drive to
Hovely Lane; and
WHEREAS, the City Council has made a finding, after a duly noticed
public hearing pursuant to Section 6586.5 of the California Government Code, that the
issuance of the Bonds will result in significant public benefit;
NOW, THEREFORE, THE PALM DESERT FINANCING AUTHORITY
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. The above recitals, and each of them, are true and
correct.
RESOLUTION NO. FA- 49
Section 2. Acknowledgement of Agency Findings. The Authority hereby
acknowledges and concurs with the City Council's finding of significant public benefit
and hereby approves and authorizes the issuance and sale of the Bonds.
Section 3. Other Acts. The officers of the Authority are hereby authorized
and directed, jointly and severally, to do any and all things, to execute and deliver any
and all documents which they may deem necessary or advisable in order to
consummate the issuance, sale and delivery of the Bonds, or otherwise to effectuate
the purposes of this Resolution, and any such actions previously taken by such officers
are hereby ratified and confirmed.
Section 4. Effective Date. This Resolution shall take effect immediately
upon adoption.
APPROVED AND ADOPTED this 27th day of May, 2004, by the following
vote to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
Robert A. Spiegel, President
ATTEST:
Rachelle D. Klassen, Secretary
P6402-1051\729219v3.doc