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HomeMy WebLinkAboutReso 2008-140 RESOLUTION NO. 2008-140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SALE OF NOT TO EXCEED $24 MILLION PRINCIPAL AMOUNT 2008 TAX ALLOCATION REFUNDING BONDS FOR THE MERGED REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Agency of the City of Chula Vista (the Agency) is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the provisions of the Community Redevelopment Law of the State of California (Part I of Division 24 of the Health and Safety Code of the State of California, commencing with Section 33000) (the Redevelopment Law), including the power to issue bonds for any of its corporate purposes, including the purpose of refunding bonds previously issued by the Agency; and WHEREAS, a Redevelopment Plan for the Town Centre No. II Redevelopment Project Area in the City of Chula Vista (the Town Centre No. II Redevelopment Project) has been adopted and subsequently amended in compliance with all requirements of the Redevelopment Law; and WHEREAS, a Redevelopment Plan for the Otay Valley Road Redevelopment Project Area in the City ofChula Vista (the Otay Valley Road Redevelopment Project) has been adopted and subsequently amended in compliance with all requirements of the Redevelopment Law; and WHEREAS, a Redevelopment Plan for the Southwest Redevelopment Project Area in the City of Chula Vista (the Southwest Redevelopment Project) has been adopted and subsequently amended in compliance with all requirements of the Redevelopment Law; and WHEREAS, by ordinances of the City Council of the City of Chula Vista, the City has duly taken action to merge the Town Centre No. II Redevelopment Project, the Otay Valley Road Redevelopment Project and the Southwest Redevelopment Project into a single project area for financial purposes pursuant to the Redevelopment Law, and as so merged and subsequently amended in compliance with all requirements of the Redevelopment Law, such project areas are referred to herein as the Merged Redevelopment Project; and WHEREAS, the Agency has adopted its resolution entitled: RDA RESOLUTION NO. 2008-1994 OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DECLARING ITS INTENT TO REFUND THE 2000 TAX ALLOCATION BONDS; AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF NOT TO EXCEED $24 MILLION PRINCIPAL AMOUNT 2008 TAX ALLOCATION REFUNDING BONDS FOR THE MERGED REDEVELOPMENT PROJECT; APPROVING DOCUMENTS; AUTHORIZING OFFICIAL ACTIONS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO ; and Resolution No. 2008-140 Page 2 WHEREAS, the Agency has previously issued its $17,000,000 principal amount 2000 Tax Allocation Bonds (Merged Redevelopment Project) (the 2000 Bonds) pursuant to an Indenture of Trust by and between the Agency and U.S. Bank National Association (the 2000 Indenture); and WHEREAS, in order to take advantage of prevailing market conditions and/or restructure debt service for cash flow purposes, the Agency has determined to issue its not to exceed $24 million Redevelopment Agency of the City of Chula Vista, 2008 Tax Allocation Refunding Bonds (Merged Redevelopment Project) (the 2008 Bonds) pursuant to the provisions of the Redevelopment Law for the purpose of providing funds to refund the 2000 Bonds and, in an amount up to $5 million, to reimburse costs of capital relating to certain certificates of participation of the City, to repay certain loans made by the City to the Agency, to payor repay the costs of redevelopment activity of the Agency for the Merged Redevelopment Project, or other costs of financing and refinancing the Merged Redevelopment Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby resolve and declare as follows: SECTION 1. Approval of Issuance of the 2008 Bonds. The City Council hereby approves the issuance of the 2008 Bonds for the purposes referenced in the recitals hereto, pursuant to the terms of the Agency resolution referenced in the recitals hereof and the accompanying Indenture (as such term is defined in the Agency resolution). This City Council hereby finds and determines that use of the proceeds of the 2008 Bonds (or any debt refinanced thereby) outside the Project Area or any Component Area, is and will be of benefit to the Merged Redevelopment Project, to the extent it occurs or has occurred. SECTION 2. Further Acts. The Mayor and City Manager of the City and any other appropriate official of the City are hereby authorized and directed to take any and all necessary and desirable steps to accomplish the delivery of the bonds referenced above, including execution of any and all other documents or agreements necessary to deliver the 2008 Bonds in a timely and expeditious manner including without limitation, the negotiation, execution and delivery of instruments or agreements confirming understandings or making any further assurances relative to existing arrangements among the parties or otherwise in furtherance of the delivery of the 2008 Bonds. Such instruments may include agreements confirming subordination by the City of any and all lien, right or interest of the City to tax increment revenues related to (i) payment of statutory pass-throughs, if any, payable to the City by the Agency pursuant to Health and Safety Code Sections 33607.5, 33607.7 or any related statutes or (ii) payments pursuant to any other loan, cooperation or other agreements between the Agency and the City or the subordination of any required payments by the Agency to the City to the lien and pledges provided pursuant to the Indenture for the 2008 Bonds and any related obligations, to the extent determined by the City Manager upon the advice of the City Attorney to be reasonably necessary or convenient to facilitate the sale and delivery of the 2008 Bonds, the authorized officer's execution thereof to be conclusive evidence of such approval. The City Clerk is authorized to attest the final form of such documents. Resolution No. 2008-140 Page 3 SECTION 3. Effective Date. This Resolution shall take effect upon adoption. Presented by Approved as to form by en ~~~. Ann Moore City Attorney M ia Kachadoorian Finance Director PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 3rd day of June 2008 by the following vote: AYES: Councilmembers: Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ABST AlN: Councilmembers: McCann and Rindone Ch~~$~ ATTEST: ,~~ <If, fo/rAJ Donna R. Norris, <!:MC';iDterim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2008-140 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of June 2008. Executed this 3rd day of June 2008. ~ K 0~M~ Donna R. Norris, tMC, Interim City Clerk