Loading...
HomeMy WebLinkAboutC04 Subordinate Debt CertQuint & Thimmig LLP $4,125,000 TUSTIN PUBLIC FINANCING AUTHORITY Water Revenue Bonds, Series 2024 (Subordinate Lien) RTIFICATE REGARDING SUBORDINATE OBLIGATIONS 2/7/24 C4 I. the undersigned Finance Director/Treasurer of the City of Tustin, California (the "City"), being one of the officers of the City duly charged (by resolution of the City Council of the City), with others, with the responsibility for the execution and delivery of an installment sale agreement, dated as of February 1, 2024 (the "Installment Sale Agreement"), by and between the Tustin Public Financing Authority (the "Authority") and the City, supporting the payment of the Authority's $4,125,000 Water Revenue Bonds, Series 2024 (Subordinate Lien) (the "Bonds"), dated as of the date hereof, hereby certify as follows: (i) I have read Section 6.08(c) of that certain Indenture of Trust, dated as of February 1, 2020, as amended, by and between the City and The Bank of New York Mellon Trust Company, N.A., as trustee (the "2020 Indenture"), which provides that the City may issue Subordinate Obligations so long as: Net Revenues, calculated on sound accounting principles, as shown by the books of the City for the latest Fiscal Year or any more recent twelve (12) month period selected by the City ending not more than sixty (60) days prior to the adoption of the resolution pursuant to which instrument such Subordinate Obligations are issued or incurred, as shown by the books of the City shall, after deducting all amounts required for the payment of the Bonds and any Parity Obligations, have amounted to at least 1.0 times the sum of the maximum annual debt service on all Subordinate Obligations outstanding immediately subsequent to the incurring of such additional obligations. An allowance for earnings arising from any increase in the charges made for service from the Enterprise which has become effective prior to the incurring of such additional obligations but which, during all or any part of such Fiscal Year, was not in effect, may be added in an amount equal to 100% of the amount by which the Net Revenues would have been increased if such increase in charges had been in effect during the whole of such Fiscal Year and any period prior to the incurring of such additional obligations, as shown by the certificate or opinion of a qualified independent consultant employed by the City. (ii) Attached hereto as Exhibit A is a computation that evidences compliance with said Section 6.08(c). (iii) Capitalized terms used, but not otherwise defined, herein shall have the meanings ascribed thereto in the 2020 Indenture. Dated: February 14, 2024 CITY OF TUSTIN i By ennifer King, Finance Director/Treasurer EXHIBIT A SATISFACTION OF TEST TO ISSUE SUBORDINATE OBLIGATIONS FY 2023-24 Gross Revenues Fixed Charges Consumption Charges Fire Line Charges Total Rate Revenues Operating Revenues Non -Operating Revenues Total Revenues Total Expenses Net Revenues Outstanding Bonds (Maximum Annual Debt Service) Senior Bonds (Series 2016 and 2020) Subordinate Bonds (Series 2024) Coverage Exhibit A 7,788,100 13,676,800 31,700 $21,496,600 500,000 551,000 $22,547,600 19,536,602 $3,010,998 $2,432,024 330,183 $2,762,207 1.09x