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HomeMy WebLinkAbout19091 - RESOLUTIONS - 7/16/1997 RESOLUTION NO. 19091 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A TAX- EXEMPT FINANCING FOR CERTAIN EXPENDITURES TO BE MADE IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS AT THE PALM SPRINGS REGIONAL AIRPORT, APPOINTING A FINANCING TEAM, AND APPROVING THE EXECUTION OF CERTAIN CONSULTANT CONTRACTS RELATING THERETO WHEREAS, the City of Palm Springs (the "Issuer" ) is a political subdivision organized and existing under the laws of the State of California; and WHEREAS, the Issuer will make expenditures on and after the date hereof with respect to expenses incurred and to be incurred in connection with the acquisition and construction of the Palm Springs Regional Airport Terminal Expansion Phase II (the "Project" ) as more fully described in the Staff Report, dated July 16, 1997, prepared by the Director, Department of Transportation, relating thereto (the "Report") ; and WHEREAS, the City Council of the Issuer (the "City Council") has determined that it is in the best interests of Issuer to reimburse the Issuer for expenditures made on and after the date hereof with respect to the acquisition and construction of the Project from the proceeds of one or more issues of tax-exempt bonds or other obligations of the Issuer or an entity controlled by the Issuer (the "Bonds" ) ; and WHEREAS, as of the date hereof, there are no funds of the Issuer or of any other entity that is part of the controlled group of entities of which the Issuer is a part (the "Controlled Group") , that are, or are reasonably expected to be, allocated on a long- term basis, reserved or otherwise available pursuant to the budgets of the Issuer or of any other entity that is part of the Controlled Group to finance the acquisition and construction of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS : Section 1. The City Council hereby declares the intent of the Issuer to reimburse the Issuer with a tax-exempt financing for expenditures made on and after the date hereof with respect to the acquisition and construction of the Project. /, Q Section 2 . All property that will become part of the �] Project will have an economic life of at least one year determined 1241014094-0014/3087832.1 407/08/97 R19091 Page 2 as of the earlier of the date of issuance of the Bonds or the date on which the Project is placed. in service. Section 3 . The Issuer reasonably expects as of` the date hereof that the expenditures to be made with respect to the Project from funds of the Issuer will be made from the Issuer'' s Airport Fund and that debt service on the Bonds will be derived from the ' City' s Airport Fund and/or Passenger Facilities Charges . Section 4 . The maximum amount of Bonds expected to be issued is $25, 000, 000 . Section 5 . Based upon the Report, and the information contained therein, and subject. to reconsideration based upon the consultant reports and/or new facts of which the Issuer is currently unaware, the Issuer hereby determines that the Project can reasonably be expected to be undertaken. Section 6. Rod Gunn Associates, Inc. :is hereby appointed as Financing Consultant and the City Manager is hereby authorized and directed to execute an agreement therewith upon terms and conditions, including compensation, consistent with their existing contract with the Palm Springs Redevelopment Agency. Section 7. Rutan & Tucker, LLP, is hereby appointed as Bond Counsel pursuant to it existing Agreement with the Issuer. Section 8 . P&D Aviation is hereby appointed as Airport Financial Feasibility Consultant and directed and authorized to prepare a Financial Feasibility Study for use in relating to the financing and for inclusion, if determined appropriate by the Financing Consultant, :in the Official Statement. . The City Manager ' is hereby directed and authorized to execute a Standard Professional Services Contract with P&D Aviation for a fixed fee of $69 , 720 for the preparation and provision of a Financial Feasibility Study. Section 9 . The City Manager is hereby directed and authorized to select a 'law firm to act as Disclosure Counsel and to execute an agreement therewith upon terms and conditions acceptable to the City Manager and the City Attorney for a fee not to exceed $25, 000 . Section 10 . The adoption of this Resolution is consistent with the budgetary and financial circumstances of the ]Issuer and all other entities that are part of the Controlled Group. Section 11 . This Resolution constitutes an expression of official intent shall take effect immediately upon its passage. Section 12 . Beginning ten (10) days after the adoption of this Resolution and ending on the date on which the Bonds are issued, this Resolution will be reasonably and continuously available for inspection by the general public, on each business 124/014094-001413087832.1 A07/08197 -2- ' MN 131 1 U Ut 'Li UUAM r RUTAIV U luun IC I00044YoUU @ Y/ Y P.19091 Page 3 day and during the normal business hours, at the Office of the City Clerk, and will be maintained or otherwise supervised by the City Clerk. PASSED AND ADOPTED this 16th day of Suly, 1997. ADOPTED THIS 16th day of July, 1997. AYES: Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: 7;;Cit;yMankadger FORNIA �yC, City Clerk REVIEWED AND APPROVED:_ y 1L.). JI b3 12410140k1-001413067E32.1 .07108197 -3-