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HomeMy WebLinkAbout2002-10-08 - RESOLUTIONS - SPECIAL TAX BOND VALENCIA TOWN (2)RESOLUTION NO. CFD 02-1-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 2002-1 (VALENCIA TOWN CENTER), AUTHORIZING THE ISSUANCE OF CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 2002-1 (VALENCIA TOWN CENTER) SPECIAL TAX BONDS, AND THE EXECUTION AND DELIVERY OF A FISCAL AGENT AGREEMENT, A CONTINUING DISCLOSURE CERTIFICATE, A BOND PURCHASE CONTRACT, AND AN OFFICIAL STATEMENT AND APPROVING A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council') of the City of Santa Clarita (the "City") has conducted proceedings under and pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), to form the City of Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center) (the "CFD"), to authorize the levy of special taxes upon the land within the CFD, and to issue bonds secured by said special taxes, the proceeds of which are to be used to finance the optional redemption of the outstanding principal amount of the City of Santa Clarita Community Facilities District No. 92-1 (Valencia Town Center) Special Tax Bonds, Series A (the "1992 Bonds"), and the extinguishment of the special tax lien associated with the City of Santa Clarita Community Facilities District No. 92-1 (Valencia Town Center) (the "Existing CFD"), (collectively, the "Project"); and WHEREAS, the CFD intends to issue bonds designated "City of Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center) Special Tax Bonds" (the "Bonds,,); and WHEREAS, there have been submitted to this City Council certain documents providing for the issuance of the Bonds and this City Council, with the aid of its staff, has reviewed said documents and found them to be in proper order; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in connection with the issuance of said Bonds and the levy of said special taxes as contemplated by this Resolution and the documents referred to herein, exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act. NOW, THEREFORE, the City Council of the City of Santa Clarita, acting as the legislative body of the City of Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center), does hereby resolve, determine and order as follows: Authorization. The CFD hereby authorizes the issuance of the City of Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center) Special Tax Bonds (the "Bonds") in an amount not to exceed $18,500,000. Resolution No. CFD 02-1-7 Page 2 Section 1. Approval of Fiscal Agent Agreement. The CFD hereby approves the Fiscal Agent Agreement in substantially the form presented to this City Council. The Mayor, City Manager, Director of Administrative Services, or their written designee (each, a "Responsible Officer"), are hereby authorized to execute the Fiscal Agent Agreement in substantially the form presented to this City Council, with such revisions, amendments and completions as shall be approved by any Responsible Officer, with the advice of Bond Counsel and the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof by any Responsible Officer. Section 2. Approval of the Continuing Disclosure Certificate. The CFD hereby approves the Continuing Disclosure Certificate in substantially the form presented to this City Council. Any Responsible Officer is hereby authorized to execute the Continuing Disclosure Certificate in substantially the form presented to this City Council, with such revisions, amendments and completions as shall be approved by any Responsible Officer, with the advice of Bond Counsel and the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof by any Responsible Officer. Section 3. Approval of the Preliminary Official Statement and Official Statement. The City Council hereby approves the Preliminary Official Statement relating to the Bonds, substantially in the form presented to this City Council, with such revisions, amendments and completions as shall be approved by any Responsible Officer with the advice of Bond Counsel and Disclosure Counsel, in order to make the Preliminary Official Statement final as of its date, except for the omission of certain information, as permitted by Section 240.15c2 -12(b)(1) of Title 17 of the Code of Federal Regulations ("Rule 15c2-12"), and any certificate relating to the finality of the Official Statement under Rule 15c2-12. Any Responsible Officer is authorized and directed to execute and deliver a final Official Statement in substantially the form hereby approved, with such additions and changes as may be approved by Bond Counsel and Disclosure Counsel and any Responsible Officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. Section 4. Approval of the Bond Purchase Contract. The City Council hereby approves the Bond Purchase Contract, in substantially the form presented to this City Council. Any Responsible Officer is hereby authorized jointly to execute the Bond Purchase Contract, in substantially the form presented to this City Council, with such revisions, amendments and completions as shall be approved by any Responsible Officer, with the advice of Bond Counsel and City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof by any Responsible Officer, provided that, the Bond Purchase Contract shall provide for a true interest cost (including original issue shown) not greater than 6.25%, and an underwriter's discount not greater than 1.25% of the principal amount of Bonds. Section 5. Official Actions. The Mayor, City Manager, Director of Administrative Services, the City Clerk and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City and the CFD, to do any and all things and take any and all other actions, including the obtaining of municipal bond insurance and the publication of any notices necessary or desirable in connection with the sale of the Bonds and execution and delivery of any and all assignments, certificates, Resolution No. CFD 02-1-7 Page 3 requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, deem necessary or advisable in order to consummate the lawful issuance and sale of the Bonds and the consummation of the transactions as described herein. Section 6. Effectiveness. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 8th day of October, 2002. Mayor of the City of Sar# Clarita, on behalf of the Cit of Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center) ATTEST: City Clerk of the City of Santa Clarita, on behalf of the City of Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center) Resolution No. CFD 02-1-7 Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita, acting as the legislative body of the City of Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center) at a regular meeting thereof, held on the 8th day of October, 2002, by the following vote: AYES: COUNCILMEMBERS: Weste, McLean, Kellar, Smyth, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None A-ta'o- CITY CLERK 45224467.1