HomeMy WebLinkAboutTPFA RES 13-01 TPFA RESOLUTION NO. 13-01
RESOLUTION AUTHORIZING THE COMMENCEMENT OF
PROCEEDINGS TO FINANCE IMPROVEMENTS TO THE
CITY'S MUNICIPAL WATER SYSTEM AND THE
ISSUANCE OF WATER REVENUE BONDS BY THE
TUSTIN PUBLIC FINANCING AUTHORITY FOR SUCH
PURPOSES, DESIGNATING CONSULTANTS AND
AUTHORIZING AND DIRECTING CERTAIN ACTIONS
WITH RESPECT THERETO
The Tustin Public Financing Authority of the City of Tustin (the "Authority") does hereby
resolve as follows:
WHEREAS, the City and the Tustin Community Redevelopment Agency have
heretofore entered into a joint exercise of powers agreement establishing the Tustin
Public Financing Authority (the "Authority ") for the purpose, among others, of issuing its
bonds to be used to provide financial assistance to the City;
WHEREAS, the City has determined that, due to prevailing financial market
conditions, it is in the best interests of the City to finance the acquisition and
construction of certain improvements and facilities (the "2013 Project ") to the City's
municipal water enterprise (the "Enterprise ");
WHEREAS, for the purpose of raising funds necessary to provide such financial
assistance to the City, the Authority proposes to authorize the issuance of its revenue
bonds under the provisions of Article 4 (commencing with section 6584) of Chapter 5 of
Division 7 of Title 1 of the California Government Code (the "Act "), designated as the
Tustin Public Financing Authority 2013 Water Revenue Bonds (the "Bonds "), all
pursuant to and secured by an indenture of trust (the "Indenture "), by and between the
Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the
"Trustee ");
WHEREAS, in order to provide for the repayment of the Bonds, the Authority will
sell the 2013 Project to the City pursuant to an installment sale agreement (the
"Installment Sale Agreement "), under which the City will agree to make installment
payments to the Authority payable from the net revenues of the Enterprise which will be
calculated to be sufficient, in time and amount, to enable the Authority to pay the
principal of and interest and premium (if any) on the Bonds when due and payable;
WHEREAS, the City's obligations under the Installment Sale Agreement will be
on parity as to payment and security with the City's obligations with respect to an
installment sale agreement securing the Authority's outstanding Tustin Public Financing
Authority Water Revenue Bonds, 2011 Series A, and with an installment sale
agreement securing the Authority's outstanding Tustin Public Financing Authority 2012
Refunding Water Revenue Bonds;
TPFA Resolution 13-01
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WHEREAS, it is appropriate that the City formally authorize the commencement 111
of proceedings to issue the Bonds and to appoint a financial advisor, a bond counsel, a
disclosure counsel and an underwriter in connection therewith;
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
SECTION 1: Officers and officials of the City are hereby authorized to proceed
with the preparation of documents necessary to provide for the issuance and sale of the
Bonds. All such documents to which the City and the Authority will be a party shall be
subject to the final approval thereof by the City Council and the Authority at a
subsequent meeting of the City Council and the Authority.
SECTION 2: Fieldman, Rolapp & Associates is hereby designated as financial
advisor to the City in connection with the issuance and sale of the Bonds. The City
Manager or the Finance Director is hereby authorized and directed to execute an
agreement with such firm for its services with respect to the Bonds, in a form acceptable
to the City Manager or the Finance Director and the City Attorney; provided that any and
all compensation payable to such firm shall be contingent upon the sale and issuance of
the Bonds.
SECTION 3: Quint & Thimmig LLP is hereby designated as bond counsel and as
disclosure counsel to the City in connection with the issuance and sale of the Bonds.
The City Manager or the Finance Director is hereby authorized and directed to execute
an agreement with such firm for its services with respect to the Bonds, in a form
acceptable to the City Manager or the Finance Director and the City Attorney; provided
that any and all compensation payable to such firm shall be contingent upon the sale
and issuance of the Bonds.
SECTION 4: First Southwest Company is hereby designated as underwriter to
the City in connection with the issuance and sale of the Bonds.
SECTION 5: The Mayor, the City Manager, the Finance Director, the City
Attorney, the City Clerk and all other appropriate officials of the City are hereby
authorized and directed to execute such other agreements, documents and certificates
as may be necessary to effect the purposes of this Resolution and the financing herein
authorized.
SECTION 6: This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED at a regular meeting of the Tustin Public Financing
Authority held on the 17th day of September, 2013.
TPFA Resolution 13-01
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ELWY / • . MURRAY,
Chairperson
ATTEST:
7
JEF ' : Y . PARKER,
Re or. n• Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Jeffrey C. Parker, Recording Secretary of the Tustin Public Financing Authority of the
City of Tustin, California, do hereby certify that the whole number of the members of the
Directors of the Tustin Public Financing Authority is five; that the above and foregoing
TPFA Resolution No. 13-01 was duly passed and adopted at a regular meeting held on
the 17th day of September, 2013, by the following vote:
DIRECTORS AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5)
DIRECTORS NOES: None (0)
DIRECTORS ABSTAINED: None (0)
DIRECTORS ABSENT: None (0)
JEF" " . PARKER,
Recordi Secretary
TPFA Resolution 13-01
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