Loading...
HomeMy WebLinkAbout01-190 - Resolutions RESOLUTION NO. 01-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AS THE LEGISLATIVE BODY OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01, AUTHORIZING THE ISSUANCE OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001 A1,IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 SPECIAL TAX BONDS, SERIES 2001-A, THE ISSUANCE OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01, IMPROVEMENT AREA NO. 3 SPECIAL TAX BONDS, SERIES 2001-B, AND THE EXECUTION AND DELIVERY OF FISCAL AGENT AGREEMENTS, CONTINUING DISCLOSURE AGREEMENTS, DISCLOSURE AGREEMENTS, A PURCHASE CONTRACT AND AN OFFICIAL STATEMENT AND APPROVING A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH RECITALS: A. The City Council (the "City Council")of the City of Rancho Cucamonga (the "City"), as the legislative body of the City of Rancho Cucamonga Community Facilities District No. 2001-01, proposes to issue (i) City of Rancho Cucamonga Community Facilities District No. 2001-01, Improvement Area No. 1 and Improvement Area No. 2 Special Tax Bonds, Series 2001-A (the "Series 2001-A Bonds") and (ii) City of Rancho Cucamonga Community Facilities District No. 2001-01, Improvement Area No. 3 Special Tax Bonds, Series 2001-B(the"Series 2001-B Bonds") (collectively the "Bonds") for the purpose of financing certain public facilities. B. The City Council, as the legislative body of the District, desires to enter into Fiscal Agent Agreements, Continuing Disclosure Agreements, Disclosure Agreements and a Purchase Contract, and to deliver a Preliminary Official Statement and a final Official Statement with respect to the Bonds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1: The foregoing recitals are true and correct and this City Council hereby so finds and determines. SECTION 2: The issuance of not to exceed $15,000,000 principal amount of Series 2001-A Bonds,to be designated"City of Rancho Cucamonga i iti District No. 2001-01 Improvement Community Faces Di I s Area No. 1 and Improvement Area No.2 Special Tax Bonds, Series 2001-A,"is Resolution No. 01-190 Page 2 of 5 hereby approved. The form of the Fiscal Agent Agreement (the "Series 2001-A Fiscal Agent Agreement")by and between the District and Wells Fargo Bank, National Association ("Wells Fargo"), as Fiscal Agent, on file with the City Clerk and incorporated herein by reference, is hereby approved. The Mayor of the City of Rancho Cucamonga or his designee (the "Mayor") and the City Manager of the City of Rancho Cucamonga or his designee(the"City Manager'), or either of them, is hereby authorized and directed to execute and deliver the Series 2001-A Fiscal Agent Agreement in substantially the form hereby approved, with such additions, changes, deletions and insertions in the interest of the District as may be approved by the such officer in consultation with Richards,Watson&Gershon("Bond Counsel") (such approval to be conclusively evidenced by such officer's execution of the Series 2001-A Fiscal Agent Agreement). SECTION 3: The issuance of not to exceed $2,000,000 principal amount of Series 2001-B Bonds, to be designated "City of Rancho Cucamonga Community Facilities District No. 2001-01, Improvement Area No. 3, Series 2001-B" is hereby approved. The form of the Fiscal Agent Agreement by and between the District and Wells Fargo, as Fiscal Agent (the "Series 2001-B Fiscal Agent Agreement" and together with the Series 2001-A Fiscal Agent Agreement, the "Fiscal Agent Agreements"), on file with the City Clerk and incorporated herein by reference, is hereby approved. The Mayor and the City Manager, or either of them, is hereby authorized and directed to execute and deliver the Series 2001-B Fiscal Agent Agreement in substantially the form hereby approved, with such additions, changes, deletions and insertions in the interest of the District as may be approved by the such officer in consultation with Bond Counsel (such approval to be conclusively evidenced by such officer's execution of the Series 2001-B Fiscal Agent Agreement). SECTION 4: The form of Continuing Disclosure Agreement (the "Continuing Disclosure Agreements") regarding each of Bonds, by and between the District and Wells Fargo,as Dissemination Agent,on file with the City Clerk and incorporated herein by reference, are hereby approved. The Mayor and the City Manager, or either of them, is hereby authorized and directed to execute and deliver each Continuing Disclosure Agreement in substantially the form hereby approved, with such additions, changes, deletions and insertions in the interest of the District as may be approved by such officer in consultation with Bond Counsel (such approval to be conclusively evidenced by such officer's execution of the Continuing Disclosure Agreement). Resolution No. 01-190 Page 3 of 5 SECTION 5: The form of the Disclosure Agreement (the "Disclosure Agreement for Series 2001-A")by and between the District and Cucamonga 220, LP, a California Limited Partnership, on file with the City Clerk and incorporated herein by reference, is hereby approved. The Mayor and the City Manager, or either of them, is hereby authorized and directed to execute and deliver the Disclosure Agreement for Series 2001-A in substantially the form hereby approved, with such additions, changes, deletions and insertions in the interest of the District as may be approved by such officer in consultation with Bond Counsel (such approval to be conclusively evidenced by such officer's execution of the Disclosure Agreement for Series 2001-A). SECTION 6: The form of the Disclosure Agreement (the "Disclosure Agreement for Series 2001-B") by and between the District and CSM&C Expansion, LLC, a California Limited Liability Corporation,on file with the City Clerk and incorporated herein by reference, is hereby approved. The Mayor and the City Manager, or either of them, is hereby authorized and directed to execute and deliver the Disclosure Agreement for Series 2001-B in substantially the form hereby approved, with such additions, changes, deletions and insertions in the interest of the District as may be approved by such officer in consultation with Bond Counsel (such approval to be conclusively evidenced by such officer's execution of the Disclosure Agreement for Series 2001-B). SECTION 7: The form of Purchase Contract relating to the Bonds between the District and Stone&Youngberg, LLC (the"Underwriter"),on file with the City Clerk and incorporated herein by reference, is hereby approved. The Mayor and the City Manager, or either of them, is hereby authorized and directed to accept the offer of the Underwriter to purchase the Bonds as reflected in the Purchase Contract and to execute and deliver the Purchase Contract in substantially the form hereby approved, with such additions, changes, deletions and insertions in the interest of the District as may be approved by the such officer in consultation with Bond Counsel (such approval to be conclusively evidenced by such officer's execution of the Purchase Contract); provided, however, that such additions, changes or insertions in the Purchase Contract shall not result in (a) a principal amount of Series 2001-A Bonds in excess of $15,000,000 or a principal amount of Series 2001-B Bonds in excess of $2,000,000, (b)an average interest rate on the Series 2001-A Bonds in excess of 7% per annum or an average interest rate on the Series 2001-B Bonds in excess of 7% per annum, (c) an underwriter's discount in excess of 2 % with respect to the Series 2001-A Bonds or an underwriter's discount in excess of 2 % with respect to the Series 2001-B Bonds, or (d) a final maturity later than September 1, 2032 with respect to the Series 2001-A Bonds or a final maturity later than September 1, 2032 with respect to the Series 2001-B Bonds. Resolution No. 01-190 Page 4 of 5 SECTION 8: The form of Preliminary Official Statement relating to the Bonds, on file with the City Clerk and incorporated herein by reference, is hereby approved with such additions, changes, deletions and insertions in the interest of the District as may be approved by the Mayor or City Manager in consultation with Bond Counsel and Best, Best&Krieger, as Underwriter's Counsel,and the Mayor and the City Manager, or either of them, is hereby authorized to execute a certificate deeming such Preliminary Official Statement final as of its date,except for certain final pricing and related information,pursuant to Securities and Exchange Commission Rule 15c2-12 (with the execution of such certificate by the Mayor of City Manager constituting conclusive evidence of approval of any such additions, changes or insertions thereto). The Underwriter is hereby authorized to distribute said Preliminary Official Statement as so deemed final to prospective purchasers of the Bonds. The Mayor and the City Manager,or either of them, is hereby authorized and directed,for and in the name and on behalf of the District, to execute a final Official Statement in substantially the form of such deemed final Preliminary Official Statement, including such final pricing and related information and with such additions thereto or changes therein as hereafter become necessary in the interest of the District and which are approved by such officer in consultation with Bond Counsel (such approval to be conclusively evidenced by such officer's execution of such Official Statement). The Underwriter is hereby authorized to distribute copies of such final Official Statement to all purchasers of the Bonds. SECTION 9: The Mayor, the City Clerk and the City Manager are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the issuance of the Bonds and the transactions contemplated by the Fiscal Agent Agreements, the Continuing Disclosure Agreements, the Disclosure Agreements, the Purchase Contract, the Official Statement and this Resolution. SECTION 10: All actions heretofore taken by the Mayor, the City Clerk and the City Manager with respect to the issuance and sale of the Bonds, or in connection with or related to any of the agreements referenced herein, are hereby approved, confirmed and ratified. SECTION 11: This Resolution shall become effective immediately upon adoption. Resolution No. 01-190 Page 5 of 5 PASSED, APPROVED, AND ADOPTED this 15th day of August, 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None C,ll William J. xander, May r ATTEST: xk&'. 1; — Debra J. Adam MC, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held on the 15th day of August, 2001. Executed this 16th day of August, 2001, at Rancho Cucamonga, California. 9l -t-& DebrN J. Adams, CMC, City Clerk