HomeMy WebLinkAbout2024-05-13 24-147 OrderCITY COUNCIL ACTION
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City Manager City Solicitor Finance Director
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Staff Comments & Approvals
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24-147 05/13/2024
BE IT FURTHER ORDERED:
THAT the estimated weighted period of utility for the property constituting the Projects to be financed
with the proceeds of SRRF Loan and the bonds is hereby determined to be the period of time indicated above
for each of said Project.
THAT the Finance Director be and hereby is authorized and empowered, in the name of and on behalf
of the City, to issue the bonds at one time or from time to time, through the Bond Bank's SRRF program.
THAT the Finance Director, with the approval of the Finance Committee, be and hereby is authorized
and empowered, in the name of and on behalf of the City, to establish, determine and approve the form, date(s),
maturities (not to exceed the maximum term permitted by law), denominations, interest rate or rates, place of
payment, provisions for early redemption, with or without a premium, prior to the stated maturity date(s), and
all other details of said bonds, including the timing and provision for their sale and award
THAT the loan agreements entered into with respect to the SRRF Loans and the bonds issued therefore
shall be signed by the Finance Director, countersigned by the Chair of the City Council, sealed with the seal of
the City, attested by its Clerk, and that said loan agreements and bonds shall be in such form and contain such
terms and provisions not inconsistent herewith as they may approve, their approval to be conclusively evidenced
by their execution thereof.
THAT any issue of bonds may be consolidated with and issued at the same time as any other issue of
bonds authorized prior to their issuance, and the bonds may be divided into multiple series and issued in separate
plans of financing, with the approval of the Finance Committee
THAT in each of the years during which any of the bonds are outstanding, there shall be levied a tax in
an amount that, with other revenues, if any, available for that purpose, shall be sufficient to pay the interest on
said bonds, payable in such years, and the principal of such bonds maturing in such years.
THAT the bonds shall be transferable only on the registration books of the City kept by the transfer
agent, and said principal amount of the bonds of the same maturity (but not of other maturity), upon surrender
thereof at the principal office of the transfer agent, with a written instrument of transfer satisfactory to the
transfer agent duly executed by the registered owner or his or her attorney duly authorized in writing.
THAT the Finance Director and Chair of the City Council from time to time shall execute such bonds as
may be required to provide for exchanges or transfers of bonds as heretofore authorized, all such bonds to bear
the original signature of the Finance Director and Chair of the City Council, and in case any officer of the City
whose signature appears on any bond or note shall cease to be such officer before the delivery of said bond or
note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had
remained in office until delivery thereof.
THAT upon each exchange or transfer of bonds, the City and transfer agent shall make a charge sufficient
to cover any tax, fee, or other governmental charge required to be paid with respect to such transfer or
exchange, and subsequent to the first exchange or transfer, the cost of which shall be borne by the City, the
cost of preparing new bonds upon exchanges or transfers thereof shall be paid by the person requesting the
same.
THAT the term "cost" or "costs" as used herein and applied to the Projects, or any portion thereof,
includes, but is not limited to: (1) the cost to design, construct, renovate, refurbish, improve, acquire, replace,
furnish and equip the Project; (2) the cost of land, easements and other real property interests, landscaping and
24-147 05/13/2024
site preparation, utility extensions, all appurtenances and other fixtures, facilities, buildings and structures either
on, above, or under the ground which are used or usable in connection with the Projects; (3) the cost of feasibility
studies, surveys, environmental studies and assessments, engineering, plans and specifications, legal and other
professional services associated with the Projects; (4) issuance costs, including premiums for insurance,
capitalized interest and other financing charges, fees and expenses relating to the financing transaction.
THAT the Finance Director, Chair of the City Council, Clerk, and other proper officials of the City be, and
hereby are, authorized and empowered in the name of and on behalf of the City, to do or cause to be done all
such acts and things, and to execute, deliver, file, approve, and record all financing documents, contracts,
agreements, certificates and other documents as may be necessary or advisable, with the advice of counsel for
the City, to carry out the provisions of the resolutions heretofore adopted at this meeting in connection with the
Projects, the issuance, execution, sale, and delivery by the City of the bonds and the execution and delivery of
the documents, including the entering into of a loan agreement with the Bond Bank under the usual and
customary terms as is required by the Bond Bank under its SRRF program, as may be necessary or desirable.
THAT if any of the officers or officials of the City who have signed or sealed the bonds hereinbefore
authorized shall cease to be such officers or officials before the bonds so signed and sealed shall have been
actually authenticated or delivered by the City, such bonds nevertheless may be authenticated, issued, and
delivered with the same force and effect as though the person or persons who signed or sealed such bonds had
not ceased to be such officer or official; and also any such bonds may be signed and sealed in the name of and
on behalf of the City by those persons who, at the actual date of the execution of such bonds, shall be the
proper officers and officials of the City, although at the nominal date of such bonds any such person shall not
have been such officer or official.
THAT if the Finance Director, Chair of the City Council, or Clerk are for any reason unavailable to approve
and execute the bonds or any related financing documents, the person or persons then acting in any such
capacity, whether as an assistant, a deputy, or otherwise, is authorized to act for such official with the same
force and effect as if such official had themselves performed such act.
THAT during the term any of the bonds are outstanding, the Finance Director is hereby authorized, in
the name of and on behalf of the City, to issue and deliver refunding bonds on either a current or advance
refunding basis, to refund some or all of the bonds then outstanding, and to determine the date, form, interest
rate, maturities (not to exceed 30 years from the date of issuance of the original bonds) and all other details of
such refunding bonds including the form and manner of their sale and award. The Finance Director is hereby
further authorized to provide that any of such refunding bonds hereinbefore authorized be made callable, with
or without premium, prior to their stated date(s) of maturity, and each refunding bond issued hereunder shall
be signed by the Finance Director, countersigned by the Chair of the City Council, sealed with the seal of the
City, attested by its Clerk.
THAT the City may pay certain costs of the Projects prior to the issuance of the bonds (referred to as
"original expenditures"); to that end, the City hereby declares its official intent to reimburse itself for such original
expenditures from the proceeds of such bonds, and this Order shall constitute the District's declaration of official
intent pursuant to Treasury Regulation §1.150-2.
24-147 05/13/2024
BEIT FURTHER ORDERED:
THAT the estimated weighted period of utility for the property constituting the Projects to be financed
with the proceeds of SRRF Loan and the bonds is hereby determined to be the period of time indicated above
for each of said Project.
THAT the Finance Director be and hereby is authorized and empowered, in the name of and on behalf
of the City, to issue the bonds at one time or from time to time, through the Bond Bank's SRRF program.
THAT the Finance Director, with the approval of the Finance Committee, be and hereby is authorized
and empowered, in the name of and on behalf of the City,to establish, determine and approve the form, date(s),
maturities (not to exceed the maximum term permitted by law), denominations, interest rate or rates, place of
payment, provisions for early redemption, with or without a premium, prior to the stated maturity date(s), and
all other details of said bonds, including the timing and provision for their sale and award
THAT the loan agreements entered into with respect to the SRRF Loans and the bonds issued therefore
shall be signed by the Finance Director, countersigned by the Chair of the City Council, sealed with the seal of
the City, attested by its Clerk, and that said loan agreements and bonds shall be in such form and contain such
terms and provisions not inconsistent herewith as they may approve, their approval to be conclusively evidenced
by their execution thereof.
THAT any issue of bonds may be consolidated with and issued at the same time as any other issue of
bonds authorized prior to their issuance, and the bonds may be divided into multiple series and issued in separate
plans of financing, with the approval of the Finance Committee
THAT in each of the years during which any of the bonds are outstanding, there shall be levied a tax in
an amount that, with other revenues, if any, available for that purpose, shall be sufficient to pay the interest on
said bonds, payable in such years, and the principal of such bonds maturing in such years.
THAT the bonds shall be transferable only on the registration books of the City kept by the transfer
agent, and said principal amount of the bonds of the same maturity (but not of other maturity), upon surrender
thereof at the principal office of the transfer agent, with a written instrument of transfer satisfactory to the
transfer agent duly executed by the registered owner or his or her attorney duly authorized in writing.
THAT the Finance Director and Chair of the City Council from time to time shall execute such bonds as
may be required to provide for exchanges or transfers of bonds as heretofore authorized, all such bonds to bear
the original signature of the Finance Director and Chair of the City Council, and in case any officer of the City
whose signature appears on any bond or note shall cease to be such officer before the delivery of said bond or
note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had
remained in office until delivery thereof.
THAT upon each exchange or transfer of bonds,the City and transfer agent shall make a charge sufficient
to cover any tax, fee, or other governmental charge required to be paid with respect to such transfer or
exchange, and subsequent to the first exchange or transfer, the cost of which shall be borne by the City, the
cost of preparing new bonds upon exchanges or transfers thereof shall be paid by the person requesting the
same.
THAT the term ��cost" or ��costs" as used herein and applied to the Projects, or any portion thereof,
includes, but is not limited to: (1) the cost to design, construct, renovate, refurbish, improve, acquire, replace,
furnish and equip the Project; (2) the cost of land, easements and other real property interests, landscaping and
24-147 05/13/2024
site preparation, utility extensions, all appurtenances and other fixtures, facilities, buildings and structures either
on,above,or under the ground which are used or usable in connection with the Projects; (3) the cost of feasibility
studies, surveys, environmental studies and assessments, engineering, plans and specifications, legal and other
professional services associated with the Projects; (4) issuance costs, including premiums for insurance,
capitalized interest and other financing charges, fees and expenses relating to the financing transaction.
THAT the Finance Director, Chair of the City Council, Clerk, and other proper officials of the City be, and
hereby are, authorized and empowered in the name of and on behalf of the City, to do or cause to be done all
such acts and things, and to execute, deliver, file, approve, and record all financing documents, contracts,
agreements, certificates and other documents as may be necessary or advisable, with the advice of counsel for
the City, to carry out the provisions of the resolutions heretofore adopted at this meeting in connection with the
Projects, the issuance, execution, sale, and delivery by the City of the bonds and the execution and delivery of
the documents, including the entering into of a loan agreement with the Bond Bank under the usual and
customary terms as is required by the Bond Bank under its SRRF program, as may be necessary or desirable.
THAT if any of the officers or officials of the City who have signed or sealed the bonds hereinbefore
authorized shall cease to be such officers or officials before the bonds so signed and sealed shall have been
actually authenticated or delivered by the City, such bonds nevertheless may be authenticated, issued, and
delivered with the same force and effect as though the person or persons who signed or sealed such bonds had
not ceased to be such officer or official; and also any such bonds may be signed and sealed in the name of and
on behalf of the City by those persons who, at the actual date of the execution of such bonds, shall be the
proper officers and officials of the City, although at the nominal date of such bonds any such person shall not
have been such officer or official.
THAT if the Finance Director, Chair of the City Council, or Clerk are for any reason unavailable to approve
and execute the bonds or any related financing documents, the person or persons then acting in any such
capacity, whether as an assistant, a deputy, or otherwise, is authorized to act for such official with the same
force and effect as if such official had themselves performed such act.
THAT during the term any of the bonds are outstanding, the Finance Director is hereby authorized, in
the name of and on behalf of the City, to issue and deliver refunding bonds on either a current or advance
refunding basis, to refund some or all of the bonds then outstanding, and to determine the date, form, interest
rate, maturities (not to exceed 30 years from the date of issuance of the original bonds) and all other details of
such refunding bonds including the form and manner of their sale and award. The Finance Director is hereby
further authorized to provide that any of such refunding bonds hereinbefore authorized be made callable, with
or without premium, prior to their stated date(s) of maturity, and each refunding bond issued hereunder shall
be signed by the Finance Director, countersigned by the Chair of the City Council, sealed with the seal of the
City, attested by its Clerk.
THAT the City may pay certain costs of the Projects prior to the issuance of the bonds (referred to as
��original expenditures"); to that end,the City hereby declares its official intent to reimburse itself for such original
expenditures from the proceeds of such bonds, and this Order shall constitute the District's declaration of official
intent pursuant to Treasury Regulation §1.150-2.
IN CITY COUNCIL
MAY 13, 2024
COrd 24-147
First Reading and Referral to Finance Committee on May 20, 2024
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CITY CLERK
IN CITY COUNCIL
May 29, 2024
COrd 24-147
Motion made and seconded to open Public Hearing
Public Hearing Opened
Motion made and seconded to close Public Hearing
Public Hearing Closed
Motion made and seconded for Passage
Passed
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CITY CLERK