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HomeMy WebLinkAboutRES SA 2016 13 2016 0601 RESOLUTION NO. SA-2016-13 A RESOLUTION OF BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA CONFIRMING THE ISSUANCE OF 2016 TAX ALLOCATION REFUNDING BONDS AND APPROVING PRELIMINARY AND FINAL OFFICIAL STATEMENTS AND A BOND PURCHASE AGREEMENT RELATING THERETO WHEREAS, the Redevelopment Agency of the City of Moorpark (the "Former Agency") was a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the Health and Safety Code of the State (the "Redevelopment Law"); and WHEREAS, redevelopment plans for the redevelopment project area designated "Moorpark Redevelopment Project" in the City of Moorpark, California, were adopted in compliance with all requirements of the Redevelopment Law; and WHEREAS, pursuant to Section 34172(a) of the California Health and Safety Code (unless otherwise noted, all Section references hereinafter being to such Code), the Former Agency has been dissolved and no longer exists as a public body, corporate and politic, and pursuant to Section 34173, the City of Moorpark has become the successor entity to the Former Agency (the "Successor Agency"); and WHEREAS, prior to the dissolution of the Former Agency, the Former Agency issued its (i) $9,860,000 initial principal amount of Redevelopment Agency of the City of Moorpark, Moorpark Redevelopment Project 1999 Tax Allocation Refunding Bonds (the "1999 Bonds") for the purpose of refunding in full, the Original Agency's Moorpark Redevelopment Project 1993 Tax Allocation Bonds; (ii) $$11,625,000 initial principal amount of Redevelopment Agency of the City of Moorpark, Moorpark Redevelopment Project 2001 Tax Allocation Bonds (the "2001 Bonds") for the purpose of financing redevelopment projects of the Former Agency; and (iii) $11,695,000 initial principal amount of the Redevelopment Agency of the City of Moorpark, Moorpark Redevelopment Project 2006 Tax Allocation Bonds (the "2006 Bonds"), for the purpose of financing redevelopment projects of the Former Agency, all secured by the former Redevelopment Agency's tax increment revenues, pursuant to an Indenture of Trust, dated as of May 1, 1999 (the "Original Indenture") and a First Supplemental Indenture of Trust, dated as of December 1, 2001 (the "First Supplement") and a Second Supplemental Indenture of Trust, dated as of December 1, 2006 (the "Second Supplement"); and WHEREAS, on November 18, 2014, the Successor Agency issued its 2014 Tax Allocation Refunding Bonds (the "2014 Bonds") to refund the 1999 Bonds and 2001 Bonds, pursuant to the Law, the Refunding Law, approval of the Oversight Board and Resolution No. SA-2016-13 Page 2 Department of Finance, and a Third Supplemental Indenture of Trust, dated as of November 1, 2014 (the "Third Supplement" and together with the Original Indenture and all supplements, the "Indenture"); and WHEREAS, Section 34177.5(a)(1) authorizes the Successor Agency to undertake proceedings for the refunding of outstanding bonds and other obligations of the Former Agency in order to achieve debt service savings within the parameters set forth in Section 34177.5(a)(1) (the "Savings Parameters"), and to issue bonds for such purpose pursuant to Article 11 (commencing with Section 53580) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code (the "Refunding Law"); and WHEREAS, the Successor Agency determined that it will achieve debt service savings on the 2006 Bonds in compliance with the Savings Parameters as evidenced by the analysis prepared by its Financial Advisor, Urban Futures, Inc., describing potential savings that will accrue to the Successor Agency and to applicable taxing entities as a result of the refunding of the 2006 Bonds (the "Debt Service Savings Analysis"); and WHEREAS, pursuant to Section 34179, an oversight board (the "Oversight Board") has been established for the Successor Agency and pursuant to Section 34177.5(f), the Oversight Board by Resolution No. OB-2016-88, adopted March 15, 2016, directed the Successor Agency to undertake such refunding proceedings and approved the issuance, sale and delivery of refunding bonds by the Successor Agency for the purpose of refunding the 2006 Bonds; and WHEREAS, the Successor Agency has determined that the potential debt service savings evidenced by the Debt Service Savings Analysis can be achieved by refunding the 2006 Bonds through the issuance, as authorized by Section 34177.5(f), by the Successor Agency of its "Moorpark Redevelopment Project Tax Allocation Refunding Bonds, Series 2016" (the "Refunding Bonds") pursuant to the Redevelopment Law, the Refunding Law and the form of a Third Supplemental Indenture approved by the Successor Agency pursuant to the Resolution No. 2016-12, adopted March 2, 2016 (the "Resolution of Issuance"), which supplements the Original Indenture; and WHEREAS, Resolution No. OB-2016-88 of the Oversight Board was submitted to the California Department of Finance for its approval of such approval by the Oversight Board and the Department of Finance in a letter dated May 12, 2016 approved Resolution No. OB-2016-88 in accordance with Section 34177.5(f); and WHEREAS, the Agency has determined to sell the Refunding Bonds to Jeffries Group LLC (the "Underwriter") pursuant to a Bond Purchase Agreement between the Successor Agency and the Underwriter (the "Bond Purchase Agreement"), the form of which is on file with the Secretary; and Resolution No. SA-2016-13 Page 3 WHEREAS, the Successor Agency has caused to be prepared a form of Official Statement describing the Refunding Bonds and containing material information relating to the Refunding Bonds, the preliminary form of which is on file with the Secretary; and WHEREAS, the Successor Agency, with the aid of its staff, has reviewed the Bond Purchase Agreement and the Official Statement and wishes at this time to approve the foregoing as in the public interests of the Successor Agency and applicable taxing entities; and NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Confirmation of Approval of Issuance of the Bonds. The Successor Agency hereby confirms its actions in the Resolution of Issuance authorizing and approving the issuance of the Refunding Bonds pursuant to the Indenture and under the Redevelopment Law and the Refunding Law. SECTION 2. Approval of Official Statement. The Successor Agency hereby approves the preliminary Official Statement describing the Refunding Bonds, in substantially the form on file with the Secretary. Each of the Mayor, as the presiding officer of the Successor Agency, or the City Manager of the City of Moorpark, as the chief administrative officer of the Successor Agency, or a designee of such authorized individual (each, an "Authorized Officer"), is hereby authorized and directed to execute and deliver the final Official Statement for and on behalf of the Successor Agency, to deliver to the Underwriter a certificate with respect to the information set forth therein and to deliver to the Underwriter a Continuing Disclosure Certificate substantially in the form appended to the final Official Statement. Distribution of the preliminary Official Statement by the Underwriter is hereby approved, and, prior to the distribution of the preliminary Official Statement, either Authorized Officer is authorized and directed, on behalf of the Successor Agency, to deem the preliminary Official Statement "final" pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule"). The executed final Official Statement, which shall include such changes and additions thereto deemed advisable by an Authorized Officer, including bond insurance and/or a reserve surety if deemed by an Authorized Officer to be appropriate for savings, and such information permitted to be excluded from the preliminary Official Statement pursuant to the Rule, is hereby approved for delivery to the purchasers of the Refunding Bonds. SECTION 3. Bond Purchase Agreement. The Successor Agency hereby approves the Bond Purchase Agreement prescribing the provisions for purchase and sale of the Refunding Bonds. Each Authorized Officer is hereby authorized and directed to execute and deliver, and the City Clerk, as the secretary of the Successor Agency, is hereby authorized and directed to attest to, the Bond Purchase Agreement for and in the name and on behalf of the Successor Agency, in substantially the form on Resolution No. SA-2016-13 Page 4 file with the City Clerk, with such changes therein, deletions therefrom and additions thereto as the City Attorney, as general counsel to the Successor Agency, and Authorized Officer shall approve, such approval to be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement. The Successor Agency hereby authorizes the delivery and performance of the Bond Purchase Agreement. SECTION 4. Official Actions. All actions heretofore taken by the officers and agents of the Successor Agency with respect to the issuance of the Refunding Bonds are hereby approved, confirmed and ratified. The Authorized Officers, the City Manager of the City of Moorpark, as the chief administrative officer of the Successor Agency, the Finance Director of the City of Moorpark as the treasurer of the Successor Agency, the City Attorney as general counsel of the Successor Agency, the Secretary and any and all other officers of the Successor Agency are hereby authorized and directed, for and in the name and on behalf of the Successor Agency, to do any and all things and take any and all actions, including but not limited to execution and delivery of any and all assignments, certificates, requisitions, including requisitions for the payment of costs of issuance of the Refunding Bonds, agreements, including an escrow agreement determined to be necessary by an Authorized Officer in order to provide for payment of the 2006 Bonds, all as determined by an Authorized Officer to be necessary and appropriate in connection with the issuance of the Refunding Bonds and in customary form, and notices, consents, and other documents, which an Authorized Officer may deem necessary or advisable, in order to consummate the sale, issuance and delivery of the Refunding Bonds to the Underwriter. SECTION 5. Effective Date. This Resolution shall take effect from and after its passage and adoption. SECTION 6. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 1st day of June, 2016. e S. Parvin, Chair ATTEST: - Maureen Benson, Agency Secretary ~ tis, G53 is / Resolution No. SA-2016-13 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Secretary of the Successor Agency of the Redevelopment Agency of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. SA-2016-13 was adopted by the Successor Agency of the Redevelopment Agency of the City of Moorpark at a regular meeting held on the 1st day of June, 2016, and that the same was adopted by the following vote: AYES: Agency Members Mikos, Millhouse, Pollock, Van Dam, and Chair Parvin NOES: None ABSENT: None • ABSTAIN: None WITNESS my hand and the official seal of said City this 22nd day of June, 2016. Maureen Benson, Agency Secretary (seal) (7,..pritz .2 ‘57.4. 1% te �u