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HomeMy WebLinkAboutResolution No. 14-C81RESOLUTION NO. 14-C81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING A LOAN FROM THE AZUSA LIGHT & WATER FOR PURPOSE OF FUNDING THE GENERAL FUND CASH RESERVE BALANCE WHEREAS, the City of Azusa's General Fund has suffered the effects of the recent economic crisis causing to deplete its cash reserve balance; and WHEREAS, the City of Azusa has taken actions to ensure it has a balanced annual budget since then; and WHEREAS, the Azusa Light & Water Water Fund has been advancing the funds to the General Fund; WHEREAS, a loan agreement will formalize the advances from the Water Fund to the General Fund as a loan and establish a repayment schedule; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby: SECTION 1. Approve the Loan Agreement ("Agreement"- Exhibit A) for the purpose of formalizing the advancement of funds from the Water Fund to the General Fund containing the following terms: Loan Amount Purpose Interest Rate Term Borro wer Lender Repayme nt Source $4,000,00 Formalize Variable Full Payment General AL&W Excess 0 advance -LAIF due on June 30, Fund Water cash to cover Ave 2021 ("GF"), Fund, balance deficit Annual No. 10 No. 32 over 10% cash Yield of GF balance operating bud et SECTION 2. Approve the Promissory Note (Exhibit B) authorizing the repayment of the loan. SECTION 3. Authorize and direct the City Manager or his/her designee, on behalf of the City, to execute the Agreement with the Azusa Light & Water in accordance with Section 1 hereof. PASSED, APPROVED and ADOPTED this 20 day of November, 2014. 1 osep Romero Rocha Mayor ATTEST: JeffvVLVnee rnejo, Xr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 14-C81 was duly adopted by the City Council of the City of Azusa at a special meeting thereof, held on the 24'h day of November, 2014, by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE EXHIBIT A INTERFUND LOAN AGREEMENT This Loan Agreement ("Agreement") is executed as of November 24, 2014, between the City of .Azusa General Fund ('Borrower") and the Azusa Light & Water Water Fund ("Lender"). Lender agrees to lend to Borrower, and Borrower agrees to repay to Lender an amount not to exceed the Principal Amount and interest accrued on the unpaid loan balance, in accordance with the following: 1. Purpose of the Loan: To provide funds for use by Borrower or its designee, to fund Borrower's cash reserve deficit. The Loan shall account for borrowing between the Water Fund, Fund No. 32 and the General Fund, Fund No. 10 and shall not be available for appropriation or be considered revenue to the Borrower. 2. Principal Loan Amount: Not to exceed Four Million and no/100 Dollars ($4,000,000). The loan will be recorded as receivable to the Lender and payable to the Borrower. 3. Term of the Loan: The term of this loan shall begin on .Tune 30, 2014 and the outstanding loan balance is to be repaid by June 30, 2021. 4. Scheduled Payments: Borrower shall make payments each fiscal year beginning with FY2015. Such payments are due within thirty (30) days following the final closing of the Borrower's Financial Books for each fiscal vear. At a minimum, annual Scheduled Payments shall equal the amount of any accrued interest though June 30 of that fiscal year plus a principal payment equal one-seventh (I/7) of theoriginal principal amount. 5. Repayment Source: Borrower must maintain positive cash balance of at least 10% of its operating expense/expenditure budget to be able to repay the loan; excess cash balance (over the 10%) should be used to make scheduled payments and cateb-up payments. Missed scheduled payments shall be reported by the Finance Department to the City Council and the Utility Board, 6. Rate of Interest: Interest shall accrue annually on June 30 on the outstanding loan balance at the variable rates based on State of California's Local Agency Investment Fund Pooled Money Investment Account Average Annual Yield, currently at 0.249% for fiscal year 2013-2014. Loan interest will be recorded as revenue to the Lender and expenditure to the Borrower. 7. General Provisions: This Agreement constitutes the full Agreement by and between the parties and no other representations have been made regarding the contents of flus Agreement. This Agreement shall not be amended, modified, or altered in any respect unless such amendment, modification or alteration has been reduced to writing and executed by both parties. EXHIBIT A LENDER: Azusa Light & Water, a municipal utility Fund N ne: Water Fund, No. 32 �t George F. Morrow, Director of Utilities BORROWER: City of Azusa a municipal corporation and general law city Fund Name: General Fund, No. 1.0 Donald Penman, Interim City Manager EXHIBIT B PROMISSORY NOTE CITY OF AZUSA GENERAL FUND November 24, 2014 For value received, the CITY OF AZUSA, a municipal corporation and a general law city, promises to pay the AZUSA LIGHT & WATER, a municipal utility organized and existing under the laws of the State of California, the estimated sum of FOUR MILLION AND NO/] 00 DOLLARS ($4,000,000), revised as necessary to reflect incurred interest thereon from the date of actual receipt of loan proceeds as evidenced by the transaction date, at the variable annual interest rate equivalent to the Local Agency Investment Fund Pooled Money Investment Account Average Annual Yields, currently at 0.249% for FY 2013-2014, per annum. Any unpaid amounts will accrue annually and be added to the principal. The note is payable from excess cash balance of at least 10% of its operating expense/expenditure budget to be able to repay the loan. The balance of the note shall be fully repaid by June 30, 2021, unless extended by mutual written consent of both parties. This note is issued in connection with the funding of the General Fund's cash reserve balance. The Utility Board has authorized the loan for such purpose. Any unpaid interest shall accrue and be added to the outstanding balance. Principal and interest shall be payable in lawful money of the United States at Azusa, California. Demand, presentment for payment, protest and notice of protest are hereby waived. CITY OF AZUSA By:. Joseph R. Rocha, Mayor EXHIBIT B WATER FUND LOAN TO GENERAL FUND FOR CASH RESERVE BALANCE DATED NOVEMBER 24, 2014 LOAN TERM = FULL PAYMENT DUE ON JUNE 30, 2021 LAIF AVG. ANNUAL - ENDING LOAN LOAN PRINCIPAL RATE" INTEREST LOAN YEAR BALANCE PAYMENT (Changes INTEREST PAYMENT BALANCE AT Annually) 07/01/14-06130/15 $4,000,000.00 $571,428.57 0.249% $9,960.00 $9,960.00 $3,428,571.43 07/01/15-06/30/16 $3,428,571.43 $571,428.57 0.249% $8,537.14 - $8,537.14 $2,857,142.86 07/01/16-06/30/17 $2,857,142.86 $571,428.57 0.249% $7,114.29 $7,114.29 $2,285,714.29 07/01/17-06/30/18 $2,285,714.29 $571,428.57 0.249% $5,691.43 $5,691.43 $1,714,285.71 07/01/18-06/30/19 $1,714,285.71 $571,428.57 0.249% $4,268.57 $4,268.57 $1,142,857.14 07/01/19-06130/20 $1,142,857.14 $571,428.57 0.249% $2,845.71 $2,845.71 $571,428.57 07/01/20-06130/21 $571,428.57 $571,428.57 0.249% $1,422.86 $1,422.86 $0.00 TOTALS $4,000,000.00 $39,840.00 $39,840.00 Note: Payment is due 30 days after close of each fiscal year. 'LA1F Average Annual Interest will change annually, FY 2013-2014 was 0.249%