Loading...
Res 87-015RESOLUTION NO. 87-015 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ACTING AS THE LEGISLATIVE BODY FOR THE SOUTH POWAY COMMUNITY FACILITIES DISTRICT NO. 1 (POMERADO BUSINESS PARK PROJECT) APPROVING THE FORM OF THE PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the South Poway Community Facilities District No. ! (Pomerado Business Park Project) (the "District") has previously issued its Special Tax Bonds Series 1985 in the principal amount of $30,000,000 in accordance with the terms of Resolution No. 85-109 adopted by the City Council of the City of Poway acting as the legislative body of the District; and WHEREAS, the City Council, in its capacity as the legislative body of the District, has determined that it would be prudent in the management of the District's fiscal affairs to issue refunding bonds to defease the District's Special Tax Bonds Series 1985 in order to realize net debt service savings over the maturity of the refunding bonds; and WHEREAS, on January 6, 1987, the City Council, acting in its capacity as the legislative body of the District, adopted Resolution No. 87-001 stating its intention to incur bonded indebtedness in an amount not to exceed $40,000,000 within the District for the purpose of issuing refunding bonds (the "Refunding Bonds") to defease the District's Special Tax Bonds Series 1985 in order to realize net debt service savings over the maturity of the Refunding Bonds; and WHEREAS, on January 8, 1987, notice was published as required by law relative to the intention of the District to incur bonded indebtedness in the amount of $40,000,000 within the boundaries of the District; and WHEREAS, on January 27, 1987, the City Council, acting in its capacity as the legislative body of the District, held a noticed public hearing as required by law to determine whether the District should issue the Refunding Bonds the repayment of which will be secured by special taxes levied in accordance with Ordinance No. 182 adopted by the City Council on December 3, 1985 (the "Special Taxes") and establish an appropriations limit for the District pursuant to Section 53325.7 of the Government Code; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the issuance of the Refunding Bonds and the levy of the Special Tax to repay the Refunding Bonds and the establishment of an appropriations limit for the District were heard and a full and fair hearing was held; and WHEREAS, on January 27, 1987, following the close of the public hearing, the City Council, acting in its capacity as the legislative body of the District, adopted Resolution No. 8~011~determining the necessity to incur bonded indebtedness in an amount not to exceed $40,000,000; and WHEREAS, the City Council desires to authorize the distribution of a preliminary official statement in order to facilitate the marketing of the Refunding Bonds and the execution of a bond purchase agreement; and WHEREAS, the City Council, in its capacity as the legislative body of the District, has determined that a negotiated sale of the Refunding Bonds to Drexel Burnham Lambert Incorporated (the 'Underwriter") will result in a lower overall cost to the District because of the Underwriter's familiarity with the Special Tax Bonds Series 1985 and the Special Tax resulting from its participation in the sale of the 1985 Bonds and its ability to structure a more efficient refunding escrow on a negotiated sale basis; NOW, THEREFORE, the City Council of the City of Poway acting in its capacity as the legislative body of the District DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. The proposed form of the Preliminary Official Statement and the Bond Purchase Agreement presented at this meeting are hereby approved as to form. The Mayor of the City, or the City Manager and the City Clerk, are hereby authorized and directed for and in the name of the District to execute the Bond Purchase Agreement in substantially the form hereby approved, with such additions thereto and changes therein as are recommended or approved by Bond Counsel to the District and approved by such officers, such approval to be conclusively evidenced by the execution and delivery thereof; provided, howevez, that the principal amount of Bonds to be sold shall not exceed $40,000,000, the net interest cost of the issue shall not exceed 7.75% and the underwriting discount (exclusive of any original issue discount) shall not exceed 2.5% of the principal amount of the Bonds. Section 2. The form of the Preliminary Official Statement presented at this meeting and the distribution of the Preliminary Official Statement (including any changes deemed 4610k/24~8-03 -2- necessary by Bond Counsel to the District prior to its mailing) to purchasers of the Bonds are hereby approved, and the Mayor or the City Manager are hereby authorized and directed to execute and deliver a final Official Statement in substantially the form of the Preliminary Official Statement, with such additions thereto and changes therein as are recommended or approved by Bond Counsel to the District and approved by such officer, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. This Resolution shall be effective from and after its date of adoption. ADOPTED, SIGNED AND APPROVED this 3rd day of February, 1987 by the City Council of the City of Poway acting as the legislative body of the South Poway Community Facilities District No. 1 (Pomerado Business Park Project). ATTEST: Mayor, City<o~ City Cl~rk, City of Poway -3~ 4610k/2468-03 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie Wahlsten , City Clerk of the City of Poway, do hereby certify that the foregoing Resolution was duly adopted by the City Council of said City acting in its capacity as the legislative body of the South Poway Community Facilities District NO. 1 (Pomerado Business Park Project) at a meeting of said City Council held on the 3rd day of February, 1987, and that it was so adopted by the following vote: AYES: 5~r~ry, Higginson, Kruse, Tarzy NOES: None ABSTAIN: None ABSENT: Brannon City C~e~k, City of Poway STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie Wahlsten , City Clerk of the City of Poway, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 87-015 of said City Council, and that the same has not been amended or repealed. Dated: February 3 , 1987 City Cle~k, City of Poway