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R 4352 RESOLUTION NO. 4352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE REFUNDING OF CERTAIN OBLIGATIONS SECURED BY ITS WATER SUPPLY CONTRACT WITH THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT WHEREAS, the City Council of the City of Arroyo Grande (the "City Council ") executed and delivered a form of Contract between the San Luis Obispo County Flood Control and Water Conservation District (the "District ") and the City of Arroyo Grande (the "City "), effective September 19, 2000 (the "Existing Contract "), respecting the water provided through the District's Lopez Dam facility, including its appurtenances (collectively referred to as the "Facility "); and WHEREAS, the City Council, by its Resolution No. 4318, adopted November 9, 2010 ( "Resolution No. 4318 "), did approve an amendment to the Existing Contract ( "Amendment No. 2," and, together with the Existing Contract, the "Amended Contract") to allow for the refunding of certain tax - exempt obligations (the "Tax- Exempt Obligations ") secured by the revenues under the Amended Contract; and WHEREAS, the City and the District did enter into Amendment No. 2; and WHEREAS, circumstances in the financial markets will now permit the refunding of the Tax - Exempt Obligations on terms beneficial to the ratepayers and taxpayers of the City; and WHEREAS, the City now wishes to establish revised parameters under which the Tax - Exempt Obligations may be refunded, pursuant to Resolution No. 4318. NOW, THEREFORE, the City Council does hereby resolve and determine as follows: 1. The foregoing recitals are true and correct. 2. In connection with the above - described refunding, the City understands and agrees that delivery of revenue bonds by the SLO County Financing Authority intended to effect the refunding will be conditioned upon a showing that the refunding will result in savings to the City in the amount of not less than 3.0% of present value of the City's pro rata share of Installment Debt Service (as defined in the Amended Contract). 3. This Resolution shall take effect immediately upon its adoption. On motion by Council Member Brown, seconded by Council Member Ray, and on the following roll call vote: AYES: Council Members Brown, Ray, Costello, Guthrie, and Mayor Ferrara NOES: None ABSENT: None The foregoing Resolution was adopted this 12'" day of April 2011. RESOLUTION NO. /35,9 PAGE 2 0 CAREN - • • YOR PRO TEM ATTEST: �o KELLY ETM�R , CITY CLERK APPROVED AS TO CONTENT: STEVEN CITY MANAGER APPROVED AS TO FORM: vt,ci— TIMO /HY J. R , CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, do hereby certify under penalty of perjury, that Resolution No. 4352 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 12 day of April 2011. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15 day of April 2011. `2 isid J1 I KELLY Ey ORE, CITY CLERK