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HomeMy WebLinkAboutResolution No. 2015-C25RESOLUTION NO. 2015-C25 RESOLUTION OF THE CITY OF AZUSA PRELIMINARILY CONSIDERING THE ISSUANCE OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 REFUNDING BONDS; APPOINTING FINANCIAL AND LEGAL CONSULTANTS IN CONNECTION WITH THE PROPOSED REFUNDING; MAKING CERTAIN DETERMINATIONS RELATING THERETO; AND AUTHORIZING CERTAIN OTHER ACTION IN CONNECTION THEREWITH WHEREAS, on April 17, 2006, the City of Azusa (the "City") initiated the formation of Community Facilities District No. 2005-1 (Rosedale) Improvement Area No. I (the "District' with the adoption of its Resolution of Intention and completed those proceedings on June 19` with the adoption of Ordinance No. 06-C39 which authorized the levy of special taxes on taxable property within the boundaries of the CFD; and WHEREAS, on February 7, 2007, the City Council, by and through the District, issued a total of $71,125,000 of its Community Facilities District No. 2005-1 (Rosedale) Improvement Area No. 1 2007 Special Tax Bonds (the "Series 2007 Bonds") to finance public infrastructure to be constructed and owned by the City as well as additional public improvements to be owned by the Azusa School District, the Metropolitan Water District and the City of Glendora; and WHEREAS, as a result of the amortization and early redemption of the Series 2007 Bonds, there is currently $38,385,000 principal amount of Series 2007 Bonds outstanding; and WHEREAS, California Government Code Section 53362 authorizes legislative bodies to refund outstanding bonds issued pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (constituting Section 53311 et seq. of the California Government code (the "Act"); and WHEREAS, City staff and advisors have determine that the Series 2007 Bonds can be refinanced achieving significant interest rate savings; and WHEREAS, the City, by and through the District, now desires to proceed with the issuance of refunding bonds (the "Refunding Bonds"), the proceeds of which will be used to refund the outstanding Series 2007 Bonds; provided reasonable interest rate savings can be obtained through such refunding, and to appoint members of the City's financing team to prepare documents and to assist with the performance of such acts as may be necessary or desirable to effect the offering, sale and issuance of the Refunding Bonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: Approval of Refunding. The City is hereby authorized to proceed with the refunding of the outstanding Series 2007 Bonds, to the extent permitted under the Act, through the issuance, by and through the District, of the Refunding Bonds. Section 1. City Manager and Director of Finance. The City Manager and the Director of Finance are hereby authorized to take whatever action may be necessary to carry out the purposes of this Resolution in order to accomplish the proposed refunding of the Series 2007 Bonds through the issuance of the Refunding Bonds. Section 2. Recovery of Costs. The City is hereby authorized to recover its costs of issuance with respect to the Refunding Bonds, including the cost of reimbursing the City for staff time and costs spent with respect to the Refunding Bonds. Section 3. Bond Issuance Services. Stifel, Nicolaus & Company, Incorporated is hereby appointed as Underwriter, Orrick, Herrington and Sutcliffe LLP is hereby appointed as Bond Counsel, Norton Rose Fulbright is hereby appointed Disclosure Counsel and Urban Futures, Inc. is hereby appointed as Financial Advisor in connection with the proposed issuance of Refunding Bonds. The City Manager and the Director of Finance, acting for the City, are each individually authorized to execute contracts . for such services and any other related services as may be required to defease and/or refund the outstanding Series 2007 Bonds proposed to be refunded through the issuance of the Refunding Bonds. Section 4. Other Acts. The officers and staff of the City are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents, which in consultation with Orrick, Herrington & Sutcliffe LLP, the City's bond counsel, they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any and all such actions previously taken by such officers or staff members are hereby ratified and confirmed. Section 5. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this June 1, 2015. J, phRome'roRocha Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2015-C25 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 1 st day of June, 2015, by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Laa-e&e Comejo, City Clerk APPROVED AS TO FORM: Fst& Best B rieger, L P City At