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HomeMy WebLinkAboutResolution No. 2022-C43RESOLUTION NO.2022-C43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY REFUNDING REVENUE BONDS (AZUSA PACIFIC UNIVERSITY PROJECT), TAX-EXEMPT AND TAXABLE, IN ONE OR MORE SERIES IN BOTH FIXED AND VARIABLE RATE FORM AND IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $90,000,000, FOR THE PURPOSES OF REFINANCING AND REFUNDING BONDS PREVIOUSLY ISSUED TO FINANCE CERTAIN FACILITIES AND IMPROVEMENTS FOR AZUSA PACIFIC UNIVERSITY, FINANCING AND REFINANCING ADDITIONAL FACILITIES OF AZUSA PACIFIC UNIVERSITY AND CERTAIN OTHER PURPOSES, AND MATTERS RELATING THERETO WHEREAS, Azusa Pacific University (the "University"), a California nonprofit religious corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), has requested that the California Municipal Finance Authority (the "Authority") participate in the issuance of one or more series of revenue and refunding bonds in an aggregate principal amount not to exceed $90,000,000 (the "Bonds"), pursuant to a plan of financing and to be issued on a tax-exempt and/or taxable basis, to (1) refund and refinance the Authority's Variable Rate Demand Refunding Revenue Bonds (Azusa Pacific University Project) Series 2015A (the "2015A Bonds"); (2) pay termination fees and costs in connection with the termination of an interest rate swap entered into by the University and relating to the Series 2015A Bonds; (3) finance and refinance the acquisition, construction, improvement and equipment of educational facilities and support facilities of the University located on and adjacent to the campus of the University, the main address for which is 901 East Alosta Ave, Azusa, California 91702, including the reimbursement to the University for certain expenditures made in connection with such capital projects prior to the issuance of the Bonds; (4) fund one or more debt service reserve funds for the Bonds; (5) fund working capital for the University; and (6) pay certain interest on the Bonds and certain expenses incurred in connection with the issuance of the Bonds (collectively, the "Project"); and WHEREAS, the educational facilities and support facilities of the University to be financed and refinanced with the proceeds of the Bonds are or will be located within the territorial limits of the City of Azusa, California (the "City") and are owned and will be owned by the University; and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority and the related plan of financing must be approved by the City because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds by the Authority under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (as amended from time to time, the "Agreement"), among certain program participants, including the City; and WHEREAS, on or before June 13, 2022, the Authority's bond counsel caused a notice to appear in San Gabriel Valley Tribune, which is a newspaper of general circulation in the City, stating that a public hearing with respect to the issuance of the Bonds by the Authority would be held by the City's City Council on June 20, 2022; and WHEREAS, pursuant to Section 147(f) of the Code, the City has, following notice duly given, held a public hearing on June 20, 2022 regarding the issuance of the Bonds by the Authority, and an opportunity was provided for persons to comment on the matter of the Bonds and the Project; and WHEREAS, it is in the public interest and for the public benefit that this City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Azusa as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The City Council hereby approves the issuance of the Bonds by the authority. It is the purpose and intent of the City Council that this resolution constitutes approval of the issuance of the Bonds by the Authority for the purposes of (a) by the "applicable elected representative" of the governmental unit having jurisdiction over the area in which a portion of the Project is located in accordance with Section 147(f) of the Code and (b) by the City Council in accordance with Section 4 of the Agreement. SECTION 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall not have any responsibility or liability whatsoever with respect to the Bonds. SECTION 4. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. SECTION 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire, rehabilitate or construct the Project or any refinancing of the Project or any portion thereof; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project or any portion thereof; (iii) make any contribution or advance any funds whatsoever to the Authority or the University; or (iv) take any further action with respect to the Authority or the City's membership therein. SECTION 6. This resolution shall take effect immediately upon its adoption. [Remainder of page intentionally left blank] PASSED, APPROVED and ADOPTED this 20`h day of June, 2022. RobertG61zales Mayor ATTEST: p0ii< omej . Ofty Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2022-C43 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 20`h day of June, 2022, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, ALVARES, AVILA, MENDEZ, BECKWITH NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: eXeyCtiwrpCC omej o, City Clerk APPROVED AS TO FORM: ^A Best Best & Krieger, L kP City Attorney