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R 4751 RESOLUTION NO. 4751 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, PROVIDING FOR THE OPTIONAL REDEMPTION OF ITS GENERAL OBLIGATION BONDS, SERIES A OF 2003 (FIRE STATION PROJECT) WHEREAS, pursuant to the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et seq.), as amended, and pursuant to Ordinance No. 532 adopted by the City Council of the City of Arroyo Grande (the "City") on July 9, 2002 (the "Ordinance"), a special election was duly and regularly held on November 5, 2002 within the City (the "Election") at which Election there was submitted to the qualified voters of the City a proposition providing for general obligation bonds not to exceed $1,900,000 (the "Proposition") to upgrade and expand the Fire Station located on Traffic Way (the "Project"); and WHEREAS, more than two-thirds of the votes cast at the Election were in favor of the incurring of such indebtedness, and the City adopted Resolution No. 3648 on January 28, 2003 ("Resolution No. 3648") providing for the issuance of bonds to finance the Project; WHEREAS, pursuant to Resolution No. 3648, as supplemented by Supplement to Resolution No. 3648, dated as of February 1, 2003 ("Supplement to Resolution No. 3648"), the City issued the City of Arroyo Grande General Obligation Bonds, Series A of 2003 (Fire Station Project) in the original aggregate principal amount of $1,900,000 (the "Bonds") to finance the Project; and WHEREAS, the Project has been completed; and WHEREAS, $855,000 aggregate principal amount of the Bonds is currently outstanding; and WHEREAS, pursuant to Section 8 of Supplement to Resolution No. 3648, the Bonds are subject to redemption, at the option of the City, in whole or in part on any date commencing August 1, 2012, at a redemption price equal to the principal amount thereof, together with accrued interest to the date fixed for redemption, without premium, commencing August 1, 2014; and WHEREAS, approximately$786,275 in property tax assessments deposited in the Debt Service Fund with respect to the Bonds and approximately $180,700 of Fire Protection Impact Fees are available to the City to cause the redemption of the Bonds; and RESOLUTION NO. 4751 PAGE 2 WHEREAS, Wells Fargo Bank, National Association (the "Fiscal Agent") acts as the Fiscal Agent with respect to the Bonds pursuant to the Supplement to Resolution No. 3648 and a Fiscal Agent Agreement between the City and the Fiscal Agent, dated as of February 1, 2003 (the "Fiscal Agent Agreement"); and WHEREAS, it is found and determined by this City Council that it is prudent in the management of the fiscal affairs of the City to cause the defeasance and/or optional redemption of the Bonds; NOW, THEREFORE, the City Council of the City of Arroyo Grande, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. Each of the above recitals is true and correct. SECTION 2. The Mayor of the City, the Acting City Manager, the Director of Administrative Services, or their written designee, is hereby authorized and directed to enter into any agreements or take any actions necessary to achieve the defeasance and/or optional redemption of the Bonds and the purposes of this Resolution, including without limitation, engaging Stradling Yocca Carlson and Rauth to advise the City with respect to the defeasance and/or optional redemption of the Bonds, as Bond Counsel, engaging Fieldman, Rolapp & Associates to advise the City with respect to the defeasance and/or optional redemption of the Bonds, as Financial Advisor, engaging Grant Thornton LLP to conduct the final rebate arbitrage report with respect to the Bonds, and notifying the Fiscal Agent of the defeasance and/or optional redemption of the Bonds and instructing the Fiscal Agent to provide the notices of Bond redemption required pursuant to Section 8 of the Supplement to Resolution No. 3648 and to establish the Redemption Fund for the purposes of redeeming the Bonds, in accordance with the Supplement to Resolution No. 3648. On motion of Council Member Brown, seconded by Mayor Hill, and on the following roll call vote, to wit: AYES: Council Members Brown, Guthrie, Barneich, Harmon, and Mayor Hill NOES: None ABSENT: None the foregoing Resolution was passed and adopted on this 23rd day of August, 2016. RESOLUTION NO. Lt75 l PAGE 3 - i st'Th JIM LL, MAYOR AT EST: / " i KELL WET A ORE, CITY CLERK APPROVED AS TO CONTENT: , /�rdiC GEOF.:-.111.:-.111..P71r7 SH, ACTI�• CITY MANAGER APPROVED AS TO FORM: HEATHER WHITHAM, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No.,4751 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 23rd day of August, 2016. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of August, 2016. / , Ci"cam` (41/ttetk_ KELLY-WE ORE, CITY CLERK