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HomeMy WebLinkAboutCC RES 15-511 RESOLUTION NO. 15-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS FOR THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS, DESIGNATING CONSULTANTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO — COMMUNITY FACILITIES DISTRICT NO. 07-1 The City Council of the City of Tustin does hereby resolve as follows: WHEREAS, on June 19, 2007, the City Council adopted Resolution No. 07-44 forming the City of Tustin Community Facilities District No. 07-1 (Tustin Legacy/Retail Center) (the "District") in order to finance various public improvements (the "Facilities"); WHEREAS, the City is authorized, under the proceedings to form the District, to levy a special tax on property in the District (the "Special Taxes") to pay the debt service on bonds issued for the District and the administrative expenses of the District; WHEREAS, on September 11, 2007, Community Facilities District No. 07-1 Series 2007 (the "2007 Bonds") were the Facilities; $13,680,000 principal amount of City of Tustin (Tustin Legacy/Retail Center) Special Tax Bonds, issued for the District to provide funds to finance WHEREAS, the City has determined that, due to prevailing financial market conditions, it is in the best interests of the City and the taxpayers in the District paying the Special Taxes to refund the outstanding 2007 Bonds by means of the issuance of refunding bonds (the "Refunding Bonds") as permitted under the Mello -Roos Community Facilities Act of 1982, as amended; and WHEREAS, it is appropriate' that the City formally authorize the commencement of proceedings to issue the Refunding Bonds and to appoint a financial advisor, a bond and disclosure counsel and an underwriter in connection therewith. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement the provisions of this Resolution 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 Refunding Bonds. All primary legal documents to which the City will be a party related to the Refunding Bonds shall be subject to the final approval thereof by the City Council at a subsequent meeting of the City Council. Resolution No. 15-51 Page 1 of 3 SECTION 2. Fieldman, Rolapp & Associates is hereby designated as financial advisor to the City and 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 Refunding Bonds. The City Manager or the Finance Director/City Treasurer is hereby authorized and directed to execute agreements with such firms for their services with respect to the Refunding Bonds, in forms acceptable to the City Manager, the Finance Director/City Treasurer and the City Attorney; provided that any and all compensation payable to such firms shall be contingent upon the sale and issuance of the Refunding Bonds. SECTION 3. First Southwest Company, LLC, is hereby designated as underwriter to the City in connection with the issuance and sale of the Refunding Bonds. SECTION 4. The Mayor, the City Manager, the Finance Director/City Treasurer, 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 5. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED at a regular meeting of th ity ou it of the City of Tustin held on the 18th day of August, 2015. JOF{N]NIELSEN, Mav& Pro Tem ATTEST: G� JEYtC. PARKER, Cit If k Resolution No. 15-51 Page 2 of 3 1 D STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 15- 51 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of August, 2015 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: ' JEFF Fjr�rf/PARKER, CitY1�le . Resolution No. 15-51 Page 3 of 3 Nielsen, Gomez, Murray, Bernstein (4) None (0) None (0) Puckett (1)