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HomeMy WebLinkAboutRDA Res 00-6 2000-12-11 RESOLUTION NO. 00-0 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH MAKING CERTAIN DETERMINATIONS, AUTHORIZING THE ISSUANCE OF TAX ALLOCATION BONDS, APPOINTING A TRUSTEE, AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH RECITALS: I A. The City of Seal Beach (the "City") wishes to make improvements to the Mary Wilson Library (the "Library"), a City-owned facility located within the Riverfront Redevelopment Project (the "Project Area") and currently leased for operation to the County'of Orange, including the installation of new carpeting, the replacement of three heating/ventilation/air conditioning units, and the repainting of all interior painted surfaces (the "Improvements"). B. Due to budget constraints of the City and pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et sea.), and in particular Section 33445 and Section 33679 thereof, the Redevelopment Agency ofthc City of Seal Beach (the "Agency") proposes to pay for all or part of the cost of the installation and construction of the Improvements. C. Following notice duly given, the City Council and the Agency have held a public hearing pursuant to California Health and Safety Code Section 33679, on the payment by the Agency for all or part of the cost of the installation and construction of the Improvements. D. The Agency intends to provide for the issuance ofits Tax Allocation I Refunding Bonds, 2000 Series A (Riverfront Redevelopment Project) (the "Series A Bonds") and its Subordinate Tax Allocation Bonds, 2000 Series B (the "Series B Bonds" and, together with the Series A Bonds, the "Bonds") for the purpose of providing funds to aid in refinancing and financing costs of the Riverfront Redevelopment Project, including without limitation payment of costs of the Improvements. E. The Agency desires to enter into two Indentures (the "Series A Indenture" and the "Series B Indenture," respectivcly), a Continuing Disclosure Agreement and a Bond Purchase Contract and to deliver a Preliminary Official Statement and a final Official Statement with respect to the Bonds. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section I. The foregoing recitals are true and correct and this Agency hereby so finds and dctermines. Section 2 The Library serves the residents and taxpayers of the City, including the Project Area. The Redevelopment Plan for the Project Area and the accompanying Report to City Council reflect, and the City Council has determined, that the Project Area is an area in which the combination of blighting conditions is so prevalcnt and so substantial that it causes a reduction of and lack of proper utilization of 1 the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reverscd or alleviated by private enterprise or governmental action, or both, without redevelopment. For example, the Project Area is characterized by underdeveloped and unproductive raw land, insufficient street systems and vchicular access, inadequate street lighting, absence of utility services, inadequate flood control facilities, and inadequate community facilities. The proposed Improvements serve a basic purpose ofredcvelopment, which includes the provision of structurcs as may be appropriate or necessary in the interest of thc general welfare, and will assist in the elimination of conditions of blight within the . I I I Resolution Number ~41~~ Project Area which are caused by inadequate public improvements and adverse economic conditions. , Section 3 No moneys of the City are available to pay for the cost of the Improvements. The budget constraints of the City prevent the City from financing the iJ;lstallation and construction of the Improvements by any means. Traditiona] methods of financing, such as the issuance of genera] obligation bonds by the City, are unavailable as a practical matter because of the extraordinary two-thirds majority voter approval required by law. Special taxes also require approval by two-thirds ofthe voters. Assessment financing is subject to a majority protest and may not be an appropriate method of financing a facility having the genera] benefits associated with a public library. Section 4 This Agency hereby finds and determines that based upon the foregoing and other information presented to it: (a) the proposed Improvements will be of benefit to the Project Area and to the immediate neighborhood in which the Library is located; (b) no other reasonable means of financing the Improvements is available to the City; and (c) the payment of funds for the installation and construction ofthe Improvements will assist in the elimination of blighting conditions inside the Project Area by remedying the lack of adequate public improvements, and is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. . Section 5. Pursuant to Resolution No. 00-5 adopted by the Agency on November] 3, 2000, the Agency approved a certain Loan and Grant Agreement and a certain Bridge Loan Agreement (together, the "Loan Agreements") with Linc Community Development Corporation in connection with the acquisition and operation of the Seal Beach Trailer Park. Amounts payable by the Agency under the Loan Agreements are at least equal to the sum of (a) the amount in the Low and Moderate Income Housing Fund which constitutes "excess surplus" (as defined in Section 33334.12 of the Hea]th and Safety Code) plus (b) an additional amount equal to 50 percent of a portion of such excess surplus (the "penalty amount", as set forth in the Independent Accountant's Report of Lance, Soll & Lunghard, Certified Public Accountants, datcd November ]3,2000). The Agency hereby directs that a portion of the amounts payable by the Agency undcr the Loan Agreements equal to the penalty amount shall be paid from available tax increment revenues of the Agency other than amounts required to be set aside in the Low and Moderate Income Housing Fund. Section 6. The issuance of not to exceed $] 1,000,000 principal amount of Series A Bonds is hereby approved. The fonn ofIndenture, by arid between the Agency and the Trustee appointed in Section 8 hereof (the "Series A Indenture") is hereby approved. The Chairman, the Treasurer and the Executive Director of the Agency, or any of them, is hereby authorized and directed to exccute and deliver the Series A Indenture in substantially thc form on file with the Secretary, with such changes as may be approved by the officer executing the same (sl!ch approval to be conclusively evidenced by such execution and delivery). Section 7. The issuance of not to exceed $3,000,000 principal amount of Series B B~mds is hereby approved. The form of Indenture, by and between the Agency and the Trustee (the "Series B Indenture") is hereby approved. The Chairman, the Treasurer and the Executive Director of the Agency, or any ofthem, is hereby authorized and directed to execute and deliver the Series B Indenture in substantially the fonn on file .with the Secretary, with such changes as may be approved by the officer executing the same (such approval to be conclusively evidenced by such execution and delivery). Section 8. BNY Western Trust Company is hereby appointed as Trustee under the Series A Indenture and the Series B Indenture. Scction 9. The form of Continuing Disclosure Agreement, by and between the Agency and the Trustee, is hereby approved and the Chairman, the Treasurer and the Executive Director, or any ofthem, is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute the Continuing Disc]osure Agreement and to deliver it to the Trustee in substantially the form on file with the Secretary, with such changes thercin as the officer executing the same may approve, such approval to be conclusive]y evidenced by such execution and delivery thereof. Resolution Number (){)-o . Section 10. The form of Bond Purchase Contract relating to the Bonds among the Seal Beach Public Financing Authority (the "Authority~'), the Agency and Sutro & Co., Inc. (the "Underwriter"), on file with the Secretary of the Agency, is hereby approved. The Chairman, the Treasurer and the Executive Director of the Agency, or any of them, is hereby authorized and directed, for and in the name and on behalf of the Agency, to accept the offer of the Authority and the Underwriter to purchase the Bonds as reflectcd in the Bond Purchase Contract and to execute and deliver the Bond Purchase Contract in substantially the form on file with the Secretary ofthc Agency, with such additions thereto or changes or insertions that hereafter become necessary in the interest of the Agency and which are approved by the officer executing the same, such approval to be conclusivcly evidenced by the execution and delivery ofthe Bond Purchase .Contract; provided, however, that such additions, changes or insertions in the Bond Purchase Contract shall not specifY an average interest rate in excess of 8% per annum in the case ofthe Series A Bonds or 10% per annum in the case of the Series B Bonds; an underwriter's discount in excess of2% of the principal amount of the Bonds; or a final maturity later than March 1,2024. Section 11. The form of preliminary Official Statement relating to the Bonds, on file with the Secretary of the Agency, is hereby approved. The execution by the Treasurer or the Executive Director of a certificate deeming the preliminary Official Statement final as of its date, except for certain final pricing and related information, pursuant to Securities and Exchange Commission Rule 15c2-l2, is hereby authorized. The Underwriter is hereby authorized to distribute the preliminary Official Statement as so deemed final to prospective purchasers of the Bonds. The Executive Director, the Treasurer and the Chairman, or any ofthem, is hereby authorized and directed, for and in the name and on behalf ofthe Agency, 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 may be approved by the officer executing the same, such approval to be conclusively evidenced by the execution and delivery of the final Official Statemcnt. The Underwriter is hereby authorized to distribute copies of the final Official Statement to all actual purchasers of the Bonds. Section 12. The officers of the Agency are hereby authorized to do any and all things and to execute any and all documents which they may deem necessary or advisable in order to consummate the issuance, sale and delivery of the Bonds, or otherwise to effectuate the purposes of this Resolution and the Bond Purchase Contract. Section 13. This Resolution shall become effective immediately upon adoption. AYES: PASSED, APPROVED AND ADDOPTW)>y the Redev Beach at a meeting t1Jereofheld 0 t1Je ~ day of rolIowing vote: enc~ t1Je City of Seal 2000, by the Agencymemb NOES: Agencymembe ABSENT: ABSTAiN: !f-- 1 I I Resolution Number CtJ--c"" PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I' am a citizen of the Un1ted States and a resident of the county afore-- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer ofthe SEAL. BEACH SUN, a . newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of . general circulation by the Superior Court of the County of Orange. State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller I than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: // I-:?:J .L/ 30 , all in the year 2000. I certify (or declare) under penalty of perjury that the foregoing is true and correct. This space is for the County Clerk's Filing Stamp Proof of Publication of ............................................... ............................................... . 'i10TICEOP' , , JOINT PUBUC HEARING .- NOTICE IS HEREBY GIVEN thai tho . City Council of the CIty of SeBl Beach 'end the __....... Aaeney of the 'CIty of SnIIleBch wi! hoICI,e)olnI pub- , . lie hearing on the payment by the Agency of ell or, e pert of tho coli of the Installallon and construction of }'lmprovement8 to.UMf MarY Wilson Ubrarv. 707 Electric Avenue, Seal Beach, CaIfoma, l1c1udlng the Instal- ,lallan of new carpeI~n . 1f1e repface- ment of three heat! ntHallonlair' condlllonlng units. the repainting . of a1llnterfor painted surfaces (the :lmpr6vemenls'....:' '" J ~ ':r::l:ll!~~ '!i1d JlI:e'!""1olnI ~ ~. .~nIH arB.~. ~. II ... ,.TIME....... .7:oopm......:' '.. . ~.- I Dat~d~ Seal Beach, CA, J this "~day or )1,; , 2000. .4~~: PUBLICATION PRO ESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (949) 759-77?6 ~DATE:.:. 'Decemb8r:l1,2OOti }. (" . . "~' ,.. ,.' '" ':... . PLACE:'. Caoo.eft Chambers ,'. ~. CilyHell ..': - ," - ' " 21181hSUeet'" '.. '." ,SeeI B8l!C",Co'! I '. t' " - A summery is BVBIlable to the pub.. Ictorlnspecllon and copying, 81 . east- not to exceed the COlt Of dUplication; at the ofhc8 of the City Clerk of the CIty of seal Beach, 211 8th Street, Seal Beach, eaDfomla The summary 'I",:lude..llofthe_ng: .' . ' p) ..e_oIthe .......01_ 8110cated to the Agen9Y pursuant 10 'Health and Safely Code Section. 33B7D(b) which 'he Aaeney will use to pay fOr the cost of.the Insl8llaUon on! cQnoIruc\lOn of tho I~, 'Inctudlng II1t8I'!tSI PBymenll: . .0') tho t_ suppootlng the_..... ~ nations required 10 be made by the . CUr Council aM AQenc:v purBUBr1lIo HeOllh end SefeIy Cod. 334-45; end . (101 the redevelopment purpoee for whloo such taxes are bemg used 10 pey lor tho coeI or the InBtelrellon end construcdan oIlhe I~~" Jo8nneM Yea CIIy cieri< , elly of SeeI_ PublIshed In Ihe S8III Beach Sun JDd'- noI,11/23.11130J00 . . :: _ ' ~~-- ---' .~. ' . "