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HomeMy WebLinkAboutCity Council - 5789 18019-17 JHHW:WHM:ct 04/16/87 M5516 mim 04/26/87 m�cIim 0 /11/87 t1'ctk ��io�i83 4 RESOLUTION NO. 5 7 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE BORROWING OF FUNDS FOR FISCAL YEAR 1987-1988, THE ISSUANCE AND SALE OF 1987 TAX AND REVENUE ANTICIPATION NOTES THEREFOR, APPROVING PRELIMINARY OFFICIAL STATEMENT AND APPOINTING BOND COUNSEL RESOLVED, by the City Council of the City of Huntington Beach, California, as follows: WHEREAS, pursuant to Sections 53850 et seq. of the Government Code of the State of California, this City Council (the "Council") has found and determined that borrowing is needed for the requirements of the City of Huntington Beach (the "City"), a municipal corporation duly organized and existing under the laws of the State of California, to satisfy obligations payable from the General Fund of the City, and that it is appropriate that said borrowing be undertaken at this time by th issuance of temporary notes therefor in anticipation of the receipt of taxes, revenue an other moneys to be received by the City for the General Fund of the City during or allocable to fiscal year 1987-1988; NOW, THEREFORE, the City Council of the City of Huntington Beach hereby finds, determines, declares and resolves as follows: Section 1. Limitation on Maximum Amount. The principal amount of notes issued pursuant hereto, when added to the interest payable thereon, shall not exceed eighty-five percent (85%) of the estimated amount of the uncollected taxes, revenue and other moneys of the City for the General Fund of the City attributable to Fiscal year 1987-1988, and available for the payment of said notes and the interest thereon (as hereinafter provided). Section 2. Issuance and Terms of Notes. Solely for the purpose of anticipating taxes, revenue and other moneys to be received by the City for the General Fund of the City during or allocable to fiscal year 1987-1988, and not pursuant to any common plan of financing, the City hereby determines to and shall borrow the aggregate principal sum of $5,000,000. Such borrowing shall be by the issuance of temporary notes under Sections 53850 et seq. of the Government Code of the State of California, designated "City of Huntington Beach 1987 Tax and Revenue Anticipation Notes" (the "Notes"), to be numbered from 1 consecutively upward in order of issuance, to be in the denominations of $5,000 or any integral multiples thereof as designated by the initial purchaser thereof, to be dated the date of delivery thereof, to mature (without option of prior redemption) on June 30, 1988, and to bear interest, payable at maturity and computed on a 30-day month/360-day year basis, at the rate set forth in the Purchase Contract authorized pursuant to Section 14 hereof. Both the principal of and interest on the Notes shall be payable, only upon surrender thereof, in lawful money of the United States of America, at the principal office of Security Pacific National Bank in Los Angeles, California. Section 3. Form of Notes. The Notes shall be issued in bearer form, without coupons, and shall be substantially in the form and substance set forth in Exhibit A attached hereto and by reference incorporated herein, the blanks in said form to be filled in with appropriate words and figures. Section 4. Use of Proceeds. The moneys so borrowed shall be deposited in the General Fund of the City and used and expended by the City for any purpose for which it is authorized to expend funds from the General Fund of the City. Section 5. Securi1y. The principal amount of the Notes, together with the interest thereon, shall be payable from taxes, income, revenue, cash receipts and other moneys which are received by the City for the General Fund of the City for the fiscal year 1987- 1988. As security for the payment of the principal of and interest on the Notes, the City hereby pledges (a) an amount equal to one-half (2) of the principal amount of the Notes (plus one-half of the interest to become due on the Notes at maturity), of "unrestricted moneys", as hereinafter defined, to be received by the City in December, 1987, (b) one- quarter (1) of the principal amount of the Notes (plus one-fourth of the interest to become due on the Notes at maturity), of unrestricted moneys to be received by the City in March, 1988, and (c) one-quarter (4) of the principal amount of the Notes (plus one-fourth of the interest to become due on the Notes at maturity), of unrestricted moneys to be received by the City in June, 1988 (all such pledged amounts described in clauses (a) through (c) above being hereinafter called the "Pledged Revenues"). The principal of the Notes and the interest thereon shall constitute a first lien and charge thereon and shall be paid from the Pledged Revenues. To the extent not so paid from the Pledged Revenues, the Notes shall be paid from any other moneys of the City lawfully available therefor. In the event that there are insufficient unrestricted moneys received by the City to permit the deposit in the Repayment Fund, as hereinafter defined, of the full amount of the Pledged Revenues to be deposited in any month on the last business day of such month, then the amount of any deficiency shall be satisfied and made up from any other moneys of the 'City lawfully available for the repayment of the Notes and interest thereon. The term "unrestricted moneys" shall mean taxes, income, revenue and other moneys intended as receipts for the General Fund of the City and which are generally available for the payment of current expenses and other obligations of the City. Section 6. Paying Agent. Security Pacific National Bank is hereby appointed to act as the Paying Agent of the City for the purpose of paying to the Noteholders upon presentation thereof, at its principal office in Los Angeles, California, both the principal of and interest on the Notes on maturity and to perform such other duties and powers of the Paying Agent as are prescribed in this Resolution. Section 7. Repayment Fund. There is hereby created a special fund to be held by the City designated the "1987 Tax and Revenue Anticipation Note Repayment Fund" (the "Repayment Fund") and applied as directed in this Resolution. Any money placed in the Repayment Fund shall be for the benefit of the holders of the Notes, and until the Notes and all interest thereon are paid or until provision has been made for the payment of the Notes at maturity with interest to maturity, the moneys in the Repayment Fund shall be applied solely for the purposes for which the Repayment Fund is created; provided, however, that, any interest earned on amounts deposited in the Repayment Fund may periodically be transferred to the City's General Fund. -2- From the date this Resolution takes effect, all Pledged Revenues shall, during the months in which received, be deposited in the Repayment Fund. One business day prior to the maturity date of the Notes, the moneys in the Repayment Fund shall be transferred to the Paying Agent, and used, to the extent necessary, to pay the principal of and interest on the Notes. Any moneys remaining in the Repayment Fund after the Notes and the interest thereon have been paid, or provision for such payment has been made, shall be transferred to the City's General Fund. Section 8. Deposit and Investment of Repayment Fund. All moneys held by the City in the Repayment Fund, if not invested, shall be held in time or demand deposits as public funds and shall be secured at all times by bonds or other obligations which are authorized by law as security for public deposits, of a market value at least equal to the amount required by law. Moneys in the Repayment Fund shall, to the greatest extent possible, be invested by the City directly in investments as permitted by the laws of the State of California as now in effect and as hereafter amended, and the proceeds of any such investments shall be deposited in the Repayment Fund. Section 9. Execution of Notes. The City Treasurer of the City is hereby authorized to execute the Notes by manual or facsimile signature, and the City Clerk of the City is hereby authorized to countersign the same by manual signature and to affix the seal of the Citythereto either manual) or facsimile impression thereof,y y p t ereo , and said officers are hereby authorized to cause the blank spaces thereof to be filled in as may be appropriate. Section 10. Covenants and Warranties. It is hereby covenanted and warranted by the City that all representations and recitals contained in this Resolution are true and correct, and that the City and its appropriate officials have duly taken all proceedings necessary to be taken by them, and will take any additional proceedings necessary to be taken by them, for the prompt collection and enforcement of the taxes, revenues and other moneys pledged hereunder in accordance with law and for carrying out the provisions of this Resolution. Section 11. No Arbitrage. The City shall not take, nor permit nor suffer to be taken by the Paying Agent or otherwise, any action with respect to the Gross Proceeds of the Notes which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of the issuance of the Notes would have caused the Notes to be "arbitrage bonds" within the meaning of section 148(a) of the Code and Regulations promulgated thereunder. Section 12. Federal Guarantee Prohibition. The City shall take no action nor permit nor suffer any action to be taken if the result of the same would be to cause the Notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 13. Approval of Preliminary Official Statement. (a) The facts contained in the Official Statement are true and correct in all material respects and the Official Statement omits no statement of a material fact necessary to make the Official Statement not misleading in light of the -3- circumstances under which it was made, provided, however, that the Official Statement does not contain a final interest rate with respect to the Notes. (b) The Official Statement is hereby approved for distribution in the offering and sale of the Notes. (c) The Mayor, City Clerk, City Treasurer or other qualified officers of the City are authorized to approve corrections and additions to the Official Statement, acting with the advice of Prudential-Bache Capital Funding, Inc. and Bond Counsel, by supplement or amendment thereto, or otherwise as may be appropriate, provided either that any such corrections or additions shall be necessary to cause the information contained in the Official Statement to conform with facts material to the Notes or to requirements of proceedings of this City, or that such corrections or additions are of form rather than of substance. (d) Prudential-Bache Capital Funding, Inc. is authorized and directed to cause the Official Statement to be distributed to the initial purchaser of the Notes and to such municipal bond broker-dealers, to such banking institutions and to such other persons as may be interested in purchasing Notes described and offered for sale therein. Section 14. Authorization of Sale of Notes. The Notes are hereby authorized to be sold to Prudential-Bache Secruities, Inc. (the "Underwriter"), in accordance with that certain Purchase Contract, dated as of July 16, 1987, by and between the City and the Underwriter, so long as the net interest cost on the Notes does not exceed five and one- half percent (52%), and so long as the discount on the Notes does not exceed one percent (1%). Subject to the foregoing limitations, the City Manager is hereby authorized to execute the Purchase Contract in substantially the form on file with the City Clerk. Section 15. Appointment of Bond Counsel. Jones Hall Hill & White, A Professional Law Corporation, is hereby appointed as Bond Counsel for the issuance of the Notes, and that certain Agreement for Legal Services, on file with the City Clerk, is hereby approved, and the Mayor is hereby authorized to execute said Agreement. Section 16. Small Issuer Exemption from Bank Nondeductibility Restriction. The City hereby designates the Notes for purposes of paragraph (3) of section 265(b) of the Code and covenants that the Notes do not constitute private activity bonds as defined in section 141 of the Code, and that not more than $10,000,000 aggregate principal amount of obligations the interest on which is excludable (under section 103(a) of the Code) from gross income for federal income taxes (excluding, however, private activity bonds, as defined in section 141 of the Code, other than qualified 501(c)(3) bonds as defined in section 145 of the Code), including the Notes, have been or shall be issued by the City, including all subordinate entities of the City, during the calendar year 1987. Section 17. Small Issuer Exemption from Rebate Requirements. In accordance with section 148(f)(4)(C) of the Code, the City covenants that it is a governmental unit with general taxing powers; that the Notes are not private activity bonds as defined in section 141 of the Code; that ninety-five percent (95%) or more of the Net Proceeds of the Notes are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and that the aggregate -4- face amount of the all tax-exempt obligations (other than private activity bonds as defined in section 141 of the Code) issued by the City, including all subordinate entities of the City, during the calendar year 1987 will not exceed $5,000,000, excluding, however, tax-exempt obligations which are not outstanding on the closing date. The foregoing Resolution was passed and adopted by the City Council of the City of Huntington Beach, California, at a meeting thereof duly held on the 13th day of July, 1987 by the following vote of the members thereof. AYES: Councilmembers: .flays , Finley, Kelly, Green, Bannister NOES: Councilmembers: None S NT: Cou ilm mbers: Winchell ALICIA M. WENTWOIRTH, CITY CLERK Erskine Deputy City I rk APPROVED AS TO FORM: APPROVED- Gail Hutton, City Attorney Warr , City Treasurer 7/3 4- P OVED• -APPROVED ert z, Chief o Ch es W. Tho pson Administ ative Servi es City Administrator -5- Res. No. 578 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) 1, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a MplYrx special meeting thereof held on the 13th day of July 19 87 by the following vote: AYES: Councilmen: _ ayrR , Finlpy' Kpl1 �z, r,rpan , RanniGtar NOES: Councilmen: None ABSENT: Councilmen: Winchell , Erskine City Clerk and ex-offidio Clerk of the City Council of the City of Huntington Beach, California