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Res 07-013 RESOLUTION NO. 07-013 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE ISSUANCE BY THE POWAY REDEVELOPMENT AGENCY OF ITS TAX ALLOCATION REFUNDING BONDS, SERIES 2007 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO WHEREAS, the Poway Redevelopment Agency (the "Agency") is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of Califomia), and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, the Redevelopment Plan for a redevelopment project known and designated as the "Paguay Redevelopment Project" has been adopted and approved by the City Council of the City of Poway (the "City Council") on December 13, 1983, by Ordinance No. 117 of the City of Poway and was amended by Ordinance No. 415 adopted by the City Council on June 15, 1993, by Ordinance No. 439 adopted on December 13, 1994, by Ordinance No. 593 adopted on December 2, 2003, by Ordinance No. 605 adopted on August 17, 2004, by Ordinance No, 611 adopted on October 26, 2004 and by Ordinance No. 641 adopted on July 18, 2006 (the "Redevelopment Plan"), and all requirements of law for and precedent to the adoption and approval of the Redevelopment Plan, as amended, have been duly complied with; and WHEREAS, the Agency has adopted its Resolution (the "Agency Resolution") entitled: "RESOLUTION OF THE POWAY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF TAX ALLOCATION REFUNDING BONDS, SERIES 2007 OF SAID AGENCY IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT-TO-EXCEED THIRTY-FOUR MILLION DOLLARS ($34,000,000), APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH" ; and WHEREAS, under and pursuant to the above Resolution, the Agency has authorized the issuance and sale of its Tax Allocation Refunding Bonds, Series 2007 in an aggregate principal amount of not-to-exceed Thirty-Four Million Dollars ($34,000,000) (the "Bonds") on a parity basis to the portion of the Agency's outstanding Paguay Redevelopment Project, Tax Allocation Bonds, Series 2000 (the "2000 Bonds") which are not refunded by the Bonds, its outstanding Paguay Redevelopment Project, Tax Allocation Refunding Bonds, Series 2001 (the "2001 Bonds"), and its outstanding Paguay Redevelopment Project, Tax Allocation Refunding Bonds, Series 2003 (the "2003 Bonds"), to refund, to the extent possible, the Agency's outstanding Paguay Resolution No. 07-013 Page 2 Redevelopment Project, Tax Allocation Bonds, Series 2000 (the "Prior Bonds"), to fund a reserve, to pay costs of municipal bond insurance, if any, to pay costs in connection with the issuance of the Bonds and to make certain other deposits as required by the Indenture (defined in the Agency Resolution). NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Poway, California, as follows: Section 1. Aooroval of Issuance of Bonds. The issuance of an aggregate principal amount of not-to-exceed $34,000,000 of "Poway Redevelopment Agency, Paguay Redevelopment Project, Tax Allocation Refunding Bonds, Series 2007" for the purposes stated above, all of which constitute a "redevelopment activity," as such term is defined in Health and Safety Code Section 33678, is hereby authorized and approved pursuant to Health and Safety Code Section 33640. Section 2. Effective Date. This Resolution shall take effect upon adoption. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway at a regular meeting this 6th day of February, 2007. M""'eIP~ ATTEST: ~~~ L. Diane Shea, City Clerk City of Poway, California Resolution No. 07-013 Page 3 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 07-013 was duly adopted by the City Council at a meeting of said City Council on the 6th day of February 2007, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, CAFAGNA NOES: NONE ABSENT: BOYACK,REXFORD DISQUALIFIED: NONE ~b-~#~ City of Poway