HomeMy WebLinkAbout2003-033 - Certificates of Participation in the Maximum Principal Amount of $20,000,000RESOLUTION NO. 2003-033
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING DELIVERY AND SALE OF
CERTIFICATES OF PARTICIPATION IN THE MAXIMUM
PRINCIPAL AMOUNT OF $20,000,000 TO REFUND 1993
CERTIFICATES OF PARTICIPATION, AND APPROVING
RELATED DOCUMENTS AND ACTIONS
bk:2/11/03
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
The City of Santa Ana, California (the "C t "'
y ) is currently obligated to pay
lease payments with respect to the following outstanding certificates of
participation:
(1)
Certificates of Participation (Parking Facilities Refunding Project),
Series 1993A executed and delivered in the aggregate principal amount
of $16,875,000 (the "1993 Series A Certificates"), which evidence lease
payments payable by the City under an Amended and Restated
Lease/Purchase Agreement dated as o~f February 1, 1993 (the "1993
Series A Lease Agreement"), between the Community Redevelopment
Agency of the City of Santa Ana ("Agency") and the City;
(2)
Certificates of Participation (Commercial Facilities Refunding Project),
Series 1993B executed and delivered in the aggregate principal amount
of $1,945,000 (the "1993 Series B Certificates"), which evidence lease
payments payable by the City under an Amended and Restated
Lease/Purchase Agreement dated as of March 1, 1993 (the "1993
Series B Lease Agreement"), between the Agency and the City; and
(3)
Certificates of Participation (Mass Commuting Facility Refunding
Project), Series 1993C executed and delivered in the aggregate
principal amount of $5,005,000 (the "1993 S eries C Certificates" a nd
together with the 1993 Series A Certificates and the 1993 Series B
Certificates, the "1993 Certificates"), which evidence lease payments
payable by the City under an Amended and Restated Lease/Purchase
Agreement dated as of February 1,1993 (the"1993 Series C Lease
Agreement" and together with the 1993 Series A Lease Agreement and
the 1993 Series B Lease Agreement, the "1993 Lease Agreements"),
between the Agency and the City.
Resolution No. 2003-033
Page 1 of 4
In order to take advantage of favorable interest rates prevailing in the
municipal bond market, the City wishes at this time to provide for the
refinancing of the outstanding 1993 Certificates from the proceeds of
Refunding Certificates of Participation 2003 Series A to be issued in the
maximum principal amount of $20,000,000 (the "Refunding Certificates").
The City Council wishes at this time to authorize and approve all
proceedings for the refinancing of the City's obligations with respect to the
1993 Certificates, the delivery and sale of the Refunding Certificates for that
purpose, all related documents and actions, in furtherance of the public
purposes of the City.
Section 2. Approval of Refinancing Plan and Related Documents. T he City
Council hereby approves the refinancing plan outlined above. To that end, the City
Council hereby approves each of the following documents in substantially the
respective forms on file with the Clerk of the Council together with any changes therein
or additions thereto deemed advisable by the City Manager, the execution and delivery
thereof shall be conclusive evidence of such approval:
First Amended and Restated Site Lease between the City, as lessor and
the Agency, as lessee, which amends and restates the Amended and
Restated Site Lease relating to the 1993 Series B Certificates and the
Amended and Restated Site Lease relating to the 1993 Series C
Certificates in order to implement the refinancing plan.
Lease Agreement between the Agency, as lessor and the City, as lessee,
which amends and restates the 1993 Lease Agreement in order to
implement the refinancing plan.
Trust Agreement among the City, the Agency and the Trustee, under which
the Trustee agrees to execute and deliver the Refunding Certificates, and
which specifies the detailed terms and provisions relating to the Refunding
Certificates.
Purchase Agreement among the City, the Agency and Salomon Smith
Barney Inc. with respect to the purchase and sale of the Refunding
Certificates (the "Purchase Agreement").
The City Manager and the Director of Finance of the City, and each of them, are
hereby authorized and directed for and in the name and on behalf of the City to
determine the assets which are to be leased pursuant to the provisions above-
referenced Lease Agreement and to execute, and the Clerk of the Council is hereby
authorized and directed to attest, if necessary, to the final form of each of the foregoing
documents. The schedule of lease payments attached to the Lease Agreement shall
correspond to the payments of principal and interest represented by the Refunding
Certificates, t o b e determined u pon t he s ale t hereof a s s et forth i n Section 3 of this
Resolution.
Resolution No. 2003-033
Page 2 of 4
Section 3. Sale of Refunding Certificates. The City Council hereby approves the
sale of the Refunding Certificates under and in accordance with the provisions of the
Purchase Contract.
Section 4. Official Statement. The City Council hereby approves and deems
nearly final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934,
the preliminary Official Statement describing the Refunding Certificates in the form on
file with the Clerk of the Council. The Designated Officers are hereby individually
authorized, at the request of the purchaser of the Refunding Certificates, to execute an
appropriate certificate affirming 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 by thi~ purchaser of the Refunding
Certificates is hereby approved. The Designated Officers are hereby individually
authorized and directed to approve any changes in or additions to a final form of said
Official Statement, and the execution thereof by a Designated Officer shall be
conclusive evidence of approval of any such changes and additions. The City Council
hereby authorizes the distribution of the final Official Statement by the purchaser of the
Refunding Certificates. The final Official Statement shall be executed in the name and
on behalf of the City by a Designated Officer.
Section 5. Official Actions. The Designated Officers, the Clerk of the Council
and all other officers of the City are each authorized and directed in the name and on
behalf of the City to take such actions, including, but not limited to, the entering into
agreements with a bond insurance provider to provide bond insurance with respect to
the Certificates and the selection of assets to be included under the Lease Agreement,
and t o make a ny a nd a II assignments, certificates, requisitions, agreements, notices,
consents, leases and other instruments of conveyance, warrants and other documents,
including, but not limited to, irrevocable refunding instructions which implement the
refinancing plan approved by this Resolution, which they or any of them might deem
necessary or appropriate in order to consummate any of the transactions contemplated
by the agreements and documents approved under this Resolution. Whenever in this
resolution any officer of the City 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 officer to act on his or her behalf in the
case such officer is absent or unavailable.
Section 6. Effective Date. This Resolution shall take effect from and after the
date of its passage and adoption.
ADOPTED this 17th day of March, 2003.
Mi~r~. Palliao ' '
Resolution No. 2003-033
Page 3 of 4
APPROVED AS TO FORM:
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Christy, Franklin, Garcia, Pulido, Solorio (5)
None (0)
None (0)
Alvarez, Bist (2)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
Date:
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2003-033 to be the original resolution adopted by the City Council of the
City of SantaAnaon March17,2003. ~~.~.~j_ / ~ _~
Clerk of Council
City of Santa Ana
Resolution No. 2003-033
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