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HomeMy WebLinkAbout2003-002 SAFASAFA RESOLUTION NO. 2003-002 A RESOLUTION OF THE SANTA ANA FINANCING AUTHORITY AUTHORIZING THE PURCHASE AND SALE OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA SANTA ANA SOUTH MAIN STREET REDEVELOPMENT PROJECT TAX ALLOCATION BONDS, SERIES 2003A, AND SANTA ANA SOUTH MAIN STREET REDEVELOPMENT PROJECT TAX ALLOCATION REFUNDING BONDS, SERIES 2003B, UPON CERTAIN TERMS AND CONDITIONS, APPROVING DISTRIBUTION OF OFFICIAL STATEMENT RELATING THERETO AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO bk:4/29/03 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SANTA ANA FINANCING AUTHORITY AS FOLLOWS: Section 1. The Board of Directors of tt~e Santa Ana Financing Authority hereby finds, determines and declares as follows: The City of Santa Ana (the "City") and the Community Redevelopment Agency of the City of Santa Ana ("the Agency") entered into a Joint Exercise of Powers Agreement (the "Agreement"), creating the Santa Ana Financing Authority (the "Authority"). Pursuant to Article 4 of Chapter 5 of Division 7 of Title I of the Government Code of the State of California' (the "Act') and the Agreement, the Authority is authorized to purchase bonds issued by the Agency for financing and refinancing public capital improvements° Pursuant to the Act and the Agreement the Authority is further authorized to sell bonds so purchased to public or private purchasers at public or negotiated sale. The Authority desires to purchase from the Agency its not to exceed $25,000,000 aggregate principal amount of Community Redevelopment Agency of the City of Santa Ana Santa Ana South Main Street Tax Allocation Bonds, Series 2003A (the "Series A Bonds"), and its not to exceed $39,000,000 aggregate principal amount of Community Redevelopment Agency of the City of Santa Ana Santa Ana South Main Street Tax Allocation Refunding Bonds, Series 2003B (which, together with the Series 2003A Bonds, collectively referred to hereinafter as the "Bonds"), solely from the proceeds received from the Authority's concurrent sale of the Bonds to Salomon Smith Barney, Inc. (the SAFA Resolution No. 2003-002 Page 1 of 3 "Underwriter") pursuant to a bond purchase agreement (the Purchase Contract") by and among the Agency, the Authority and the Underwriter. The Agency and the Underwriter have caused an Official Statement, in preliminary form, relating to the Bonds (the "Official Statement") to be submitted to the Authority for approval for distribution to purchasers of the Bonds. The Board of Directors, with the aid of its staff, has reviewed the Purchase Contract and the preliminary Official Statement and wishes to approve and confirm the foregoing, as well as the other matters set forth below, in the public interests of, and for significant public benefits to, the Agency and the City of Santa Ana. Section 2. The proposed form of Purchase Contract on file with the Secretary of the Authority is hereby approved. The Executive Director of the Authority (who is the City Manager of the City), or his written designee, is 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 purchase of Bonds shall be not less than ninety-nine percent (99%) of the par amount thereof, excluding any original issue discount on the Bonds. Section 3. The Official Statement relating to the Bonds, together with such amendments and supplements as shall be necessary or convenient to accurately describe the Bonds in accordance with the Purchase Contract, this Resolution and the other related proceedings and documents, is hereby approved for distribution to the purchasers of the Bonds. Section 4. The Chairperson, the Executive Director, the Secretary 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, including execution and delivery of any and all assignments, certificates, requisitions, agreements notices, consents, and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the sale, issuance and delivery of the Bonds to the Underwriter pursuant to the Purchase Contract. Section 5. Effective Date. This Resolution shalrtake effect from and after the date of its passage and adoption. ADOPTED this 5th day of May, 2003. SAFA Resolution No. 2003-002 Page 2 of 3 ~1 A. PuJido ' /~nalr APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel BY~e Ae~'ls~nt Gene~l Counsel AYES: NOES: ABSENT: ABSTAIN: Authority members: Alvarez, Franklin, Garcia, Pulido, Solorio Authority members: None (0) Authority members: Bist, Christy (2) Authority members: None (0) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Secretary of the Authority, do hereby attest to and certify the attached Resolution No. 2003-002 to be the original resolution adopted by the Santa Ana Financing Authority on May 5, 2003. Date: ~:)---/~- ~-~ ...~.~/~-~T~,~~ Pat Healy, Secretary Santa Ana Financing Authority SAFA Resolution No. 2003-002 Page 3 of 3