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HomeMy WebLinkAbout6/27/2001 - STAFF REPORTS ORDINANCE NO. 1598 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AUTHORIZING SUPPLEMENTS TO THE BOND INDENTURES RELATING TO THE CITY'S ASSESSMENT DISTRICT NO. 157 (RAMON/EVELITA)AND ASSESSMENT DISTRICT 158 (ANDREAS HILLS); THE ADOPTION OF A BOND ISSUANCE PROCEDURAL ORDINANCE; AND THE ISSUANCE AND SALE OF LEASE REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,000,000 FOR THE PURPOSE OF FINANCING ACQUISITION OF ASSESSMENT BONDS, AND APPROVING RELATED AGREEMENTS AND ACTIONS THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS AS FOLLOWS: SECTION 1. The City Council (the "City Council") of the City of Pahn Springs (the "City")finds, determines and declares as follows: A. The City has previously issued its City of Palm Springs Assessment District No. 157 (Ramon/Evelita) Limited Obligation Improvement Bonds (the "Assessment District No. 157 Bonds") pursuant to the hmprovement Bond Act of 1915 (Division 10 of the California Streets and Highways Code) (the"Bond Law") and a Bond Indenture, dated as of April 1, 1992. B. The City has previously issued its Limited Obligation Improvement Bards, City of Pahn Springs Assessment District No. 158 (Andreas Hills) (the "Assessment District No. 158 Bonds")pursuant to the Bond Law and a Bond Indenture, dated as of October 3, 1990. C. The City has determined at this time to issue its City of Palm Springs 2001 Limited Obligation Revenue Bonds in the aggregate principal amount of not to exceed $3,000,000 (the "Bonds") for the purpose of providing the funds to acquire the Assessment District No. 157 Bonds and the Assessment District No. 158 Bonds (collectively, the "Assessment Bonds"), to be secured by a pledge of and first lien on the revenues to be derived from the Assessment Bonds, which revenues are designed to be sufficient in time and amount to pay the principal of premium, if any, and interest on the Bonds as the same become due and payable. D. The City is a charter city and municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of California, and as such is authorized to issue the Bonds under and pursuant to the powers of the City with respect to municipal affairs in accordance with Section 200 of the City Charter and Section 5 of Article XI of the California Constitution. E. The City Council of the City wishes at this time to authorize all proceedings relating to the issuance of the Bonds to acquire the Assessment Bonds, and to approve the execution and delivery of all agreements and documents relating thereto. SECTION 2. Adoption of Authorizing Procedures. The City Council hereby authorizes the Bonds to be issued pursuant to the powers of the City with respect to municipal affairs in IRV#12204 vl Ordinance No. Page 2 accordance with Section 200 of the City Charter and Section 5 of Article XI of the California Constitution. The Bonds shall be issued and sold in accordance with the procedures specified in Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, excluding therefrom the provisions of Sections 6592.5 and 6599.1 of the Government Code of the State of California, w1rch are hereby adopted as the procedures to be followed in the issuance and sale of the Bonds,with full force and effect as though the City were an"Authority"under and as defined therein. SECTION 3. Appointment of Trustee. BNY Western Trust Company is hereby appointed as Trustee under the Indenture relating to the Bonds. SECTION 4. Issuance of Bonds; Approval of Indenture. The Bonds shall be issued in the maximum principal amount of$3,000,000, pursuant to an Indenture of Trust, dated as of August 1, 2001 (the "Indenture"), by and between the City and BNY Western Trust Company, as trustee (the "Trustee"). The City Council hereby approves the Indenture in substantially the form on file with the City Clerk, together with any changes therein or additions thereto approved by the City Manager, City Manager, Finance Director, the City Clerk or such other official of the City as may be designated by the Council (each an "Authorized Officer"), provided that the execution thereof by an Authorized Officer shall be conclusive evidence of the approval of any such changes or additions. The City Council hereby authorizes and directs an Authorized Officer to execute, and the City Clerk to attest and affix the seal of the City to, the final form of the Indenture for and in the name of the City. The City Council hereby authorizes the delivery and performance of the Indenture. As provided in the Indenture, the proceeds of the Bonds shall be applied by the City to purchase the Assessment Bonds. SECTION 5. Supplemental Assessment Bond Indentures. The City Council hereby approves the call and purchase of the Assessment Bonds pursuant to an Assessment District No. 158 (Andreas Hills) Supplemental Bond Indenture, dated as of August 1, 2001, and an Assessment District No. 157 (Ramon/Evelita) Supplemental Bond Indenture, dated as of August 1, 2001 (collectively, the "Supplemental Assessment Bond Indentures"), each in substantially the form on file with the City Clerk, together with any changes therein or additions thereto approved by the City Manager, City Manager, Finance Director,the City Clerk or such other official of the City as may be designated by the Council (each an "Authorized Officer"), provided that the execution thereof by an Authorized Officer shall be conclusive evidence of the approval of any such changes or additions. The City Council hereby authorizes and directs an Authorized Officer to execute, and the City Clerk to attest and affix the seal of the City to, the final form of the Supplemental Assessment Bond Indentures for and in the name of the City. The City Council hereby authorizes the delivery and performance of the Supplemental Assessment Bond Indentures. SECTION 6. Sale of Bonds. The City Council hereby approves the sale of the Bonds by negotiation with Stone &Youngberg LLC (the "Underwriter"). The Bonds shall be sold pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement")by and between the City and the Underwriter in the form on file with the City Clerk, together with any changes therein or additions thereto approved by an Authorized Officer, provided that the execution thereof by an Authorized Officer shall be conclusive evidence of the approval of any such additions and changes. The Bond Purchase Agreement shall be executed in the name and on behalf of the City by an Authorized Officer upon submission of a proposal by the Underwriter to purchase the Bonds; provided, however, that such proposal is acceptable to an Authorized Officer and is consistent with the requirements of this Resolution. The amount of Underwriter' discount shall be not more than 1.75% of the par amount of the Bonds and the true effective rate of interest to be borne by the IRV#12204 v1 _2_ Ordinance No._ Page 3 Bonds (taking into account any original issue discount on the sale thereof) shall not exceed 7%per annum. SECTION 7. Official Statement. The City Council hereby approves, and hereby deems nearly final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934, the preliminary Official Statement describing the Bonds in substantially the form on file with the City Clerk. An Authorized Officer is hereby authorized to execute an appropriate certificate stating the City Council's determination that the Preliminary Official Statement has been deemed nearly final within the meaning of such Rule. Distribution of the preliminary Official Statement in connection with the sale of the Bonds is hereby approved. An Authorized Officer is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement,provided that the execution thereof by an Authorized Officer shall be conclusive evidence of the approval of any such changes and additions. The City Council hereby authorizes the distribution of the final Official Statement by the purchaser of the Bonds. The final Official Statement shall be executed in the name and on behalf of the City by an Authorized Officer. SECTION 8. Financial Advisor. Harrell & Company Advisors, LLC, Orange, California, is hereby appointed as the financial advisor to the City with respect to the Bonds. SECTION 9. Bond Counsel. The law firm of Burke, Williams & Sorensen, LLP, Irvine, California, is hereby appointed as Bond Counsel with respect to the Bonds. SECTION 10. Disclosure Counsel. The law firm of Jones Hall, San Francisco, California, is hereby appointed Disclosure Counsel with respect to the Bonds. SECTION 11. Official Actions. The Mayor, City Manager, City Manager, Finance Director, City Clerk and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the issuance and sale of the Bonds and any of the other transactions contemplated by the documents approved pursuant to this Resolution. Whenever in this resolution any Authorized Officer is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such Authorized Officer to act on his or her behalf in the case such officer shall be absent or unavailable. SECTION 12. Certification; Publication. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof to be published at least once in a newspaper of general circulation in the City, within fifteen days after its adoption. IRV#12204 v1 _3_ Ordinance No._ Page 4 ADOPTED THIS day of June 2001. AYES: Members NOES: Members ABSENT: Members ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED & APPROVED IR V#12204 v1 -4- No.8656 CITY PALM SPRINGS 'p;,'' i ORDINANCE NO. 7598 AN ORDINANCE OF THE CITY COUNCIL OF n13 THE CITY OF PALM SPRINGS AUTHORIZING SUPPLEMENTS TO THE BOND INDENTURES RELATING TO THE CITY'S ASSESSMENT DIS- TRICT NO. 157 RAMON/EVELITA) AND AS- SESSMENT DIS�RICT NO. 158 (ANDREAS HILLS); THE ADOPTION OF A BOND ISSU- ANCE PROCEDURAL ORDINANCE; AND THE ISSUANCE N THE AGGREGA AS ES BONDS PRINCIPAL PROOF OF PUBLICATION ;>'^ It AMOUNT OF NOT TO EXCEED S3,000,000 FOR THE OF ASSESSMENTSOF FIINANCI ND APPROVING (201 G G C C T\ RELATED AGREEMENTS AND ACTIONS. `L. 1J J 1. 1. i J THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS AS FOLLOWS: SECTION 1. The City Council (the "City Council") of the City of Palm springs M. "City")finds, de- termines and declares as folows A.The City has previously issued its City of Palm Sppnn s Assessment District No. 157 (Ramon/Ev- elita)�imrtsd Obligation Improvement Bonds (the Assessment District No. 1 7 Bonds" pursuant to the Improvement Bond Act of 1915( ivision,10 of the Californla Streets and Highways Code)(the Bond Law" and a Bond Indenture, dated as of April 1, 1 . B.The City has previously issued its Limited Obh- gssen Improvement Bonds, City n Palm Springs Assessment District No. n, (Ands a") ursu he Ashe Bond t District No 158 Bondse, pursuant to the Bond Law and a Bond Indenture, dated as of October 3, 1990. STATE OF CALIFORNIA C The City has determined at this time to issue its City of Palm Springs 2001 Limited Obligation County of Riverside -- — -— - -- --- - - gB a= novar am.ant f of not to exceed$3,0 00(the ' ends")for the purpose of providing the funds to acquire the As- sessment District No. 157 Bonds and Assessment District No. 158 Bonds (collectively, the "Assess- ment Bands"), to be secured by a pledge of and first lien on the revenues to be derived from the Assessment Bonds, which revenues are designed to be sufficient in time and amount to pay the principal of premium, if any, and interest on the Bonds as the same became due and payable. D.The City is a charter city and municipal corpo- ration organized and existing under and by virtue of the Constitution and laws of the State of Cali- I am a citizen of the United States and a resident of forma, and as such is authorized to issue the Bands under and pursuant to the,powers of the the Countyaforesaid;I am over the age of ei bteen City with respect to municipal affairs n aecor- g g dance with Section 200 of the City Charter and years,and not a party to or interested in the Section 5 of Article XI of the California Cori firm. above-entitled matter.I am the principal Clerk of a E.The City Council of the City wishes at this time to authorize all proceedings relating to the rssu- printer of the,DESERT SUN PUBLISHING once of the Bonds to acquire the Assessment COMPANY a newspaper of general circulation, Bonds,and to approve he execution and delivery' g of all a reements and documents relating thereto. prinked and published in the city of Palm Springs, The City Co Adoption hereeeoyfa Authorizing hProcedures. Bonds County of Riverside,and which newspaper has been be issued pursuant to the powers of the City with respect to mum ci p of affairs in accordance with adjudged a newspaper of general circulation by the Section 200 of the ate Charter and Section 5 of Article XI of the Caifornia Constitution. The Superior Court of the County of Riverside,State of Bonds shall be issued and sold in accordance California under the date of March 24,1988.Case with he procedures specified in Article 4 (cqm- mencing with Section 6584) of Chapter 5 of Divi- Number 191236;that the notice,of which the sion 7 of Title 1 of the Government Code of the State of California, excluding therefrom the provi- annexed is a printed copy(set in type not smaller scene of Sections 6592 5 and 6599.1 of he Gov- ernment Code of the State of California, which than non pariel,has been published in each regular are hereby adapted as the procedures to be fol- lowed in the issuance and site of the Bonds,with and entire issue of said newspaper and not in any full force andand effect as though the City were an supplement thereof on the following dates,to Wit: SECTION 3u Appointment offiTru tee. BNY West- ern Trust Company is hereby appointed as Trust- ee under the Indenture relating to the Bonds. July 2ad -- SECTION 4. Issuance of Bands; Approval of In- denture. The Bonds shall be issued in the ni --------------------—------------------—-------------------- mum principal amount of$3,000,000, pursuant to an Indenture of Trust,dated as of August 1,2001 fthe "Indenture") by and between the City and ------ -------------- -----------______________ L3 NY Western Trust Company, as trustee (the "Trustee") The Qty Council hereby approves the Indenture m substantially the form on file with the City Clerk, together with any Changes therein or All in the year 2001 addi4ons thereto approved by the City Manager, City Manager, Finance Director, the City Clerk or such other official of the City as may be designat- I certifyor declare under penalty of perjury that the ed by the Council (each an "Authorized Officer'"), ( p t3 P 1 rY provided that the execution thereof by an Autho- fore oils is true and correct. nzed Officer shall be conclusive evidence of the foregoing approval of any such changes or additions. The 5th City Council hereby authorizes and directs an Au- ' thorized Officer to execute, and the City Clerk to Dated at Pallas Springs,California this-------------day attest and affix the seal of the City to, the final form of the Indenture for and rig the name of the July Crityy.The City Council her authorizes the deliv- Of-------------------------------------- 2001 ed in he elnd ntu ree the proceeds aF he peonds shall be applied by the City to purchase the As- sessment Bonds SECTION 5. Supppplemental Assessment Bond In- dentures The Ctty Council hereby ap raves the call and purchase of the Assessmentends pur- suant to an Assessment District No 158(Andreas Signature Hills) Supplemental Bond Indenture, dated as of Auggust 1, 2001, and a Assessment District No IS/ (Ramon/Evehta) Suppplemental Bond Inden- ture, dated as of August 1,2001 (collectively,the "Supplemental Assessment Bond Indentures"), each in substantially the form on file with the City Clerk,together with any changes therein or addi- tions thereto approved by the City Manager, City Manager, Finance Director,the City Clerk or such other ofircial of the Cityy as may be deslouated byI the Council(each an "Authorized Officer),provid- ed [hat the execution thereof by an Authorized 1 Officer shall be conclusive evic-ice of the r ,- m_ed unoar to exeaute, and the City Cleric to at- test and affix the seal of the City to,the final form of the Supplemental Assessment Bond Indentures far and in tile, name of the City.The City Council hereby authorizes the delivery and performance of the Supplemental Assessment Bond Indentures SECTION 6 Sale of Bonds. The Cityy Council hereby approves the sale of the Bonds by negoti- ation with Stone & Youngberg LLC (the "Under- water' The Bands shall be sold pursuant to a Bond �urchase Agreement (the "Bond Purchase Agreement") by and between the City and the Underwriter'in the form on file with the City Clark, together with any changes therein or additions thereto approved by,an Authorized Officer, pro- vided that the execution thereof by an Authorized Officer shall be conclusive evidence of the ap- peoval of any such additions and changes. The fiend Purchase Agreement shall be executed in the name and on behalf of the City by an Autho- rized Officer upon submission of a proposal byY the Underwriter to purchase the Bands, providetl, however, that such proposal is acceptable to an Authorized Officer and is consistent with the re- quirementc of this Resolution.The amount of Un- derwriter discount shall be not more than 1.75% of the par amount of the Bonds and the true ef- fective rate of Interest to be borne by the Bonds (taking into account any original issue discount on the one thereon shall not exceed 7% er annum. SECTION 7. O�eceal Statement. The City Council hereby approves, and herebyy deems nearly final within the meaning of Rule 15c2-12 of the Securi- ties Exchange Act of 1934,the preliminary Officryl ' Statement scribing the Bonds is substantially the farm on file with the City Clerk.An Authorized Officer is hereby authorized to execute an appro- priate certificate stating the Olt Council's deter- mination that the Preliminary Moral Statement has been deemed nearly final within the meaning of such Rule. Distribution of the preliminary Offin cut Statement in connection with the sale of the Bonds is hereby approved. An Authorized Officer is hereby authorized and directed to approve anyy ol'rengas in or additions to a final farm of card Of- fepeal Statement, provided that the execution thereof by an Authorized Officer shall be conclu- ' slue evidence of the appproval of any such chang- es and additions. The Cety Council hereby evil ales the distribution of the final Official Statement by the purchaser of the Bonds The final Official Statement shall be executed in the name and on behalf of the City by an Authorized Officer. SECTION 8.Financial Advisor Harrell&Company Advisors, LLC, Orange, California, Ie hereby ap- pointed as the financial advisor to the City with respect to the Bonds. SECTION 9. Bond Counsel. The law firm of Burke, Wilhams & Sorenson, LITE, Irvine, Cahl bid, is hereby appointed as Bond Counsel with r eepect to the Bonds. SECTION 10. Disclosure Counsel.The law 5rm of Jones Hall, San Francesco, Cahfornea, es hereby appointed Disclosure Counsel with respect to the Bonds SECTION 11 Official Actions The Mayor, City Manager, City Manager, Finance Director, City Clerk and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City,to do any and all things and take any and all actions, including ex- ecution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents,which they,or any of them, may deem necessary or advisable in order to consummate the issuance and sale of the Bonds and any of the other transactions contemplated by the documents approved pursuant to this Res- olution Whenever in this resolution any Authorized Officer es authorized to execute or countersign any document or take any action,such execution, countersigping or action may be taken on behalf of such officer by any person designated by such Authorized Officer to act on his or her behalf in the case such officer shall he absent or unavatl- able SECTION 12. Certification, Publication The City Cleric Is hereby authorized and directed to certify to the passage of this Ordinance, and to cause the same a a summary thereof to be published at least once in e newspaper of general circular, te en in the City, within fifteen days after its adop- tion. ADOPTED THIS 27th day of June 2001 AYES. Members Hodges, Reller-Spurgin and Mayor pro red Oder NOES: Member Janes ABSENT Member Kleendeerst ATTEST: CITY OF PALM SPRINGS CALIFORNIA By:/s/Patnect A, Sanders /s/Wllham G. Khandre not City Clerk MDfar REVIEWED &APPROVE _ PUB. July 2, 2001