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HomeMy WebLinkAboutPublic Financing Authority - 8 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE HUNTIINGTON BEACH PUBLIC FINANCING AUTHORITY AUTHORIZING PURCHASE AND SALE OF REDEVELOPMENT AGENCY OF THE CITY OF HUNTIINGTON BEACH 1994 TAX ALLOCATION BONDS(HOUSING SET- ASIDE REVENUES—MORA KAI APARTMENTS FINANCING)AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS WHEREAS,the City of Huntington Beach(the"City")and the Redevelopment Agency of the City of Huntington Beach (the "Agency") have entered into a Joint Exercise of Powers Agreement (the"Agreement"),creating the Huntington Beach Public Financing Authority (the "Authority"); WHEREAS, pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Law") and the Agreement, the Authority is authorized to purchase bonds issued by the Agency for financing and refinancing public improvements,including those related to redevelopment activities of the Agency authorized in an Agency project area; WHEREAS,pursuant to the Law and the Agreement,the Authority is further authorized to sell bonds so purchased to public or private purchasers at public or negotiated sale; WHEREAS, the Authority desires to purchase from the Agency the Redevelopment Agency of the City of Huntington Beach 1994 Tax Allocation Bonds (Housing Set-Aside Revenues - Mora Kai Apartments) (the "Bonds"), solely from the proceeds received from the Authority's concurrent sale of the Bonds to E.J. De La Rosa&Co.,Inc. (the"Underwriter");and WHEREAS, the proceeds of the Bonds will be used to finance improvements of the character authorized to be made in project areas of the Agency of benefit to the public. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Huntington Beach Public Financing Authority,as follows: Section 1. The foregoing recitals are true and correct and this Authority so finds and determines. Section 2. The proposed form of bond purchase agreement(the"Purchase Contract"),by and among the Agency, the Authority and the Underwriter on file with the Secretary of the Authority is hereby approved. Either the Chairman or the Executive Director (or the written designee of either) of the Authority is hereby authorized and directed,for and in the name and on behalf of the Authority, to purchase the Bonds from the Agency and to accept the offer of the Underwriter to purchase the Bonds from the Authority,subject to the terms and conditions of the Purchase Contract, and to execute and deliver the Purchase Contract to the Agency and the Underwriter; provided,however,that,the stated average annual interest rate payable with respect to the Bonds shall not exceed 8% per annum and the purchase price paid by the Underwriter for the purchase of the Bonds shall be not less than 98% of the par amount thereof, excluding any original issue discount on the Bonds. The final principal amount of the Bonds shall be the amount set forth in the executed Purchase Contract,not to exceed $4,665,000. The approval of any additions or changes in such form shall be conclusively evidenced by such execution and delivery of the Purchase Contract. Section 3. All actions heretofore taken by the officers and agents of the Authority with respect to the issuance of the Bonds are hereby approved, confirmed and ratified. The Chairman, the Executive Director, Secretary, the Treasurer and the General Counsel of the Authority and any and all other officers of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority,to do any and all things and take any and all actions which they, or any of them, may deem necessary or advisable in order to -2- • consummate the purchase of the Bonds from the Agency and the sale and delivery of the Bonds to the Underwriter pursuant to the document approved herein. Section 4. This resolution shall take effect from and after its adoption. PASSED AND ADOPTED by the Board of Directors of the Huntington Beach Public Financing Authority at a special meeting thereof held on the 7th day of November,1994. �.__,�.• �� any pVa�V .r,,��,� c,;��-;.��.',°:,�� `" Chairman ATTEST: APPROVED AS TO FORM: Secretary Aut o7 y torney REVIEWED AND APPROVED: INITIA DAP RO Executes Director Deputy Execu 've ' ector/ Chief of Admft&trative Se 'ces 18025-04:J1499 10/24/94 -3- Res. No. 8 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, Secretary of the Huntington Beach Public Financing Authority of the City of Huntington Beach, California DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Public Financing Authority of the City of Huntington Beach at a special meeting of said Huntington Beach Public Financing Authority held on the 7th day of November, and that it was so adopted by the following vote. AYES: Directors: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Directors: None ABSENT: Directors: None Secretary of the Huntington Beach Public Financing Authority of the City of Huntington Beach, California resopfa