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HomeMy WebLinkAbout1989-10-03; City Council; 10281; Encina financing documentsOF CARLSBAD — AGENPA BILL O E O \ O OO AB# /S, A f/ MTG. 10/3/89 DEPT. FIN TITLE: RATIFICATION OF DOCUMENTS FOR THE ENCINA FINANCING DEPT HD^fZ^\hfX2 CITY ATTYVAQ CITY MQR- *fyu RECOMMENDED ACTION: Adopt Resolution No. Ff-J*/?ratifying documents related to the Encina Financing Joint Powers Authority bond issue. ITEM EXPLANATION: Several months ago, the City of Carlsbad joined with the City of Vista, Leucadia County Water District, and Buena Sanitation to form the Encina Financing Joint Powers Authority. This Authority then issued bonds in the amount of $33.5 million to finance a portion of the Phase IV expansion costs at the Encina Water Pollution Control Facility. As part of this issue, the EFJPA prepared several documents including an Installment Purchase Agreement, an Assignment Agreement, a Trust Indenture and an Official Statement. These documents were approved by the City Council in substantially the form presented at earlier meetings. At this time, the City Council is being asked to ratify these documents in their final form. There are no significant changes from the previous form of each document. Copies of each document are on file with the Finance Department for review. FISCAL IMPACT: The adoption of the Resolution has no fiscal impact for the City of Carlsbad. The bond issue was successfully completed on August 22, 1989. Funds have been deposited with the Trustee and have been made available to the EAA for construction of the Phase IV project. EXHIBITS: Resolution No. //--/^y7 ratifying documents related to the EFJPA bond issue. w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-347 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING THE INSTALLMENT PURCHASE AGREEMENT, ASSIGNMENT AGREEMENT, TRUST INDENTURE AND OFFICIAL STATEMENT PERTAINING TO THE ENCINA PHASE IV EXPANSION AND APPROVING CERTAIN ACTIONS RELATED TO THE SALE OF REVENUE BONDS BY THE ENCINA FINANCING JOINT POWERS AUTHORITY WHEREAS, the City of Carlsbad, a municipal corporation organized and existing under the laws of the State of California (the "City"), has the authority to acquire capacity in the Encina Water Pollution Control Facility ("EWPCF") Phase IV Expansion (the "Capacity"); and WHEREAS, the Cities of Carlsbad and Vista, the Buena Sanitation District and the Leucadia County Water District (the "Participants") have formed the Encina Financing Joint Powers Authority (the "Authority") for the purpose of financing the Participants' share of the current expansion of Capacity of and other improvements to the EWPCF; and WHEREAS, the financing structure of the Phase IV Expansion requires a conveyance and assignment of the City's Capacity, pursuant to an assignment agreement, dated as of June 1, 1989, by and between the City and the Authority (the "Assignment Agreement"), with a concurrent repurchase of the Capacity by the City pursuant to the Installment Purchase Agreement described below; and WHEREAS, the City and the Authority have entered into an installment purchase agreement, dated as of June 1, 1989, by and between the City and the Authority (the "Installment Purchase Agreement") pursuant to which the City will acquire the Capacity described in the Installment Purchaser Agreement from the Authority; and 1 WHEREAS, the Authority issued Wastewater Revenue Bonds (Phase IV 2 Expansion Project) 1989 Series A (the "Bonds") pursuant to the terms set 3 forth in the trust indenture, dated as of June 1, 1989, by and between the 4 Authority and State Street Bank and Trust Company of California, N.A. (the 5 "Trustee") (the "Trust Indenture"), in an amount sufficient to finance the 6 payment obligations of the City and the other Participants for the 7 Capacity; and 8 WHEREAS, the Bonds are secured by the Installment Purchase Payments 9 made pursuant to the Installment Purchase Agreement, and all right, title 10 and interest of the Authority under the Installment Purchase Agreement are 11 assigned to the Trustee pursuant to the Trust Indenture; and 12 WHEREAS, the Authority authorized the sale of the Bonds to Stone & 13 Youngberg (the "Underwriter") and the Underwriter has distributed an 14 Official Statement to the purchasers of the Bonds; and 15 WHEREAS, the City Council of the City desires to ratify the 15 Installment Purchase Agreement, the Indenture, the Assignment Agreement 17 and the Official Statement; and 18 WHEREAS, copies of each of the aforementioned documents have been 19 presented to this City Council. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 21 Carlsbad, California as follows: 22 !• That the above recitations are true and correct. 23 2. That the Installment Purchase Agreement, the Indenture and the 24 Assignment Agreement are each ratified and approved and the Mayor and City 25 Clerk are authorized to have executed each agreement. 26 3. That the Official Statement is ratified and approved and the 27 Underwriter is authorized to have distributed the Official Statement to 28 the purchasers of the Bonds. 4. That such actions of the Mayor, the City Clerk and other officers of the City done to consummate the sale and delivery of the Bonds and otherwise effectuate the purposes of this Resolution are hereby ratified and confirmed. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 3rd day of October , 1989, by the following vote, to wit: AYES: Council Members Lewis, Pettine, Mamaux and Larson NOES: None ABSENT: Council Member Kulc ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 2 3 4 5 6 7 8 9 10 CLASOrA. LEWIS, MSyo 12 ATTEST: 13" 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28