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HomeMy WebLinkAboutCC Resolution 7417 (Kener Blvd Assessment District)RESOLUTION NO. 7417 RESOLUTION ORDERING SALE OF BONDS KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT The City Council of the City of San Rafael resolves The City Council accepts the offer of WULFF, HANSEN & CO., (attached to this resolution and by reference incorporated in it), to purchase all of the refunding bonds to be issued in the Kerner Boulevard Refunding Assessment District. The City Council directs the sale and delivery of the bonds to the offeror in accordance with the terms and conditions stated in the offer. Notwithstanding any of the foregoing, Ransom E. Coleman, Finance Director of the City, is authorized to execute a contract for the sale of the bonds to Wulff, Hansen & Co. on the following conditions: 1. The owners of at least 500 of the property area subject to assessment sign valid consents and waivers to the reassessment; 2. Mr. Coleman is satisfied with the pricing of the bonds and their interest rates; and 3. Mr. Coleman is informed that the unqualified legal opinion of Sturgis, Ness, Brunsell & Sperry approving the bonds will be forthcoming. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 18th day of August, 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom JE 41 Ax �.L ONCINl� City Clerk vNTUEFF, HANSEN & CO. ESTABLISHED 1931 INVESTMENT 13,kXXF.7RS 201 SANSOME STREET, 7TH FLOOR SAN FRANCISCO 94104 (4151 421-8900 August 27, 1986 City Council City of San Rafael San Rafael, California Re: City of San Rafael Kerner Boulevard Assessment District Aunicipal Financing Reassessment and Refunding of 1986 Dear Council Members: 3N::cialAssessment Wulff, Hansen & Co. hereby offers to purchase all, but nd Revenue Bonds not less than all, bonds to be offered by the City of San Rafael according to the Refunding Act of 1984 for 1915 Act bonds, Division 11.5 of the California Streets and Highways Code (the "ACT") to represent the cost of ou"ty ;ty refunding the Kerner Boulevard Assessment District pecial district bonds ( the "Bonds") . Net Interest Cost: 8.1863520. r� iNF HALF A CENTURY HELPING CALIFORNIANS We make this offer under the following terms and ommercial conditions: ,duslrial asidential ospital Amount of Bonds: Not to Exceed $6,445,000.00. ublic Form of Bonds: Registered bonds to be issued serially. Bond denominations of �ireetopening ,eater $5,000 to $100,000. Vater 3ndscaping Interest Rates: 1987 7.50 1997 8.00 ldewalks orbs 1988 7.50 1998 8.00 :utters 1989 7.50 1999 8.00 ighting 1990 7.75 2000 8.00 nainage ,afflccontrol 1991 7.75 2001 8.00 diking 1992 7.75 2002 8.00 Qeters 1993 8.00 2003 8.00 ledestrial malls ,arks 1994 8.00 2004 8.00 iayground 1995 8.00 2005 8.00 !ocreation 1996 8.00 refinancing renovation hedging Price: 97.50% of par value plus accrued reclamation interest. Term: 19 years. Average Interest Cost: 7.9830. Net Interest Cost: 8.1863520. r� iNF HALF A CENTURY HELPING CALIFORNIANS City Council City of Sari Rafael August 27, 1986 Page Two Approximate Maturity Schedule: 1987 100,000.00 1997 340,000.00 1988 170,000.00 1998 365,000.00 1989 185,000.00 1999 395,000.00 1990 200,000.00 2000 425,000.00 1991 215,000.00 2001 460,000.00 1992 230,000.00 2002 495,000.00 1993 250,000.00 2003 535,000.00 1994 270,000.00 2004 580,000.00 1995 290,000.00 2005 625,000.00 1996 315,000.00 Date of Bonds and Delivery Date: Approximately August 29, 1986. Foreclosure Clause: City to covenant to commence judicial foreclosure of delinquent assessments within 150 days of any delinquency. Reserve Fund: The City shall establish from the proceeds of the Bonds a reserve fund equal to 6% of the principal amount of the Bonds. In our view, it is reasonably required for this issue, and vital to the marketing of the Bonds, that proceeds from the investment of monies in said reserve fund should be retained in said fund until the amount in said fund equals 10% of the original par value of the bond issue. Redemption Premium: 5% of unmatured principal. Paying Agent and Registrar: Bank of America, San Francisco, California. No Litigation: A no litigation certificate of the City shall accompany the bonds at delivery. City Council City of San Rafael August 27, 1986 Page Three Legal Opinion: The opinion of Sturgis, Ness, Brunsell & Sperry, Emeryville, California, without qualification and without expense to us to be printed on the bonds. Conditions Precedent: The obligations of the Underwriters to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriters, to the following additional conditions: (a) The Resolution and any other applicable agreements shall be in full force and effect, and shall not have been amended, modified or supplemented except as may have been agreed in writing by the Underwriters, and there shall have been taken in connection therewith, with the issuance of the Bonds and with the transactions contemplated thereby and by this Purchase Contract, all such actions as, in the opinion of Sturgis, Ness, Brunsell & Sperry, Emeryville, California, Bond Counsel for the City, shall be necessary and appropriate; (b) Between the date hereof and the closing date, the market price or marketability of the Bonds at the initial offering prices set forth in the Final Statement shall not have been materially adversely affected in the judgment of the Underwriters (evidenced by a written notice to the City terminating the obligation of the Underwriters to accept delivery of and pay for the Bonds) by reason of any of the following: City Council City of San Rafael August 27, 1986 Page Four (1)Legislation enacted (or resolution passed) by the Congress of the United States of America or a decision rendered by a court established under Article III of the Constitution of the United States of America or by the Tax Court of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of t h e T r e a s u r y Department or the Internal Revenue Service of the United States of America, with the purpose or effect, directly or indirectly, of imposing federal income taxation upon the interest as would be received by the owners of the Bonds; (2)Legislation enacted (or resolution passed) by the Congress of the United States of America, or an order, decree or injunction issued by any court of competent jurisdiction or an order, ruling, regulation (final, temporary or proposed) , press release or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, or the Bonds, including any or all underlying arrangements, are not exempt from registration under or other requirements of the Securities Act of 1933, as City Council City of San Rafael August 27, 1986 Page Five amended, or that the Resolution is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering or sale of obligations of the general character of the Bonds, or of the Bonds, including any or all underwriting arrangements, as comtemplated hereby or by the Final Statement or otherwise is or would be in violation of the federal securities laws as amended and then in effect; (3) The withdrawal or downgrading of any rating of any securities of the City or the Redevelopment Agency of the City by a national municipal bond rating agency; (4) Any amendment to the Federal or California Constitution or action by any Federal or California court, legislative body, regulatory body or other authority materially adversely affecting the tax status of the City, its property, income, securities (or interest thereon), validity or enforceability of the assessments or the ability of the City to construct or acquire the improvements as contemplated by the Resolution and the Final Statement; or (5)Any event occurring, or information becoming known which, in the judgment of the Underwriters makes untrue or misleading in any material respect any statement or information contained in the Final Statement concerning the City, the Improvement Project, the landowner, or the property assessed. City Council City of San Rafael August 27, 1986 Page Six City Covenant: The City shall covenant to take any action within its powers to maintain the tax-exempt status of the Bonds. Place of Delivery: Bank of America, N.T. & S.A. , San Francisco, California. Time of Delivery: Not later than 48 hours after the City notifies the undersigned that the bonds are ready for delivery. If the subject bonds are not delivered by 5:00 p.m. on the third day after the aforementioned delivery date, Wulff, Hansen & Co. reserves the right to renegotiate the price and/or the rate of interest. Expiration: This offer expires noon, August 28, 1986. Very truly yours, WULFF, HANSEN & CO. Mark Pressman Vice President ie 'Ercole S nior Vice President MP: GD: pt