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HomeMy WebLinkAbout1989-06-27; City Council; Resolution 89-195c .- I1 e 0 1 RESOLUTION NO. 89-195 2 3 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ASSIGNMENT AGREEMENT RELATING TO THE ENCINA 1 WATER POLLUTION CONTROL FACILITY EXPANSION 1 WHEREAS, the Encina Water Pollution Control Facility (IIEWPCF") is I 1 owned by the City of Carl sbad, the City of Vista, the Buena Sanitation 7 District and the Encini tas Sanitary District (the "Member Agencies"), 8 District, the Leucadia County Water District, the Valleci tos Water pursuant to a Joint Exercise of Powers Agreement dated July 13, 1961, as g 10: amended (the "Master JPA"); and 11 WHEREAS, the Member Agencies have agreed to an expansion of thc 12 needed improvements, pursuant to the 39th supplement to the Master JPI 13 EWPCF to increase its wastewater treatment capacity and to make other of capacity of and other improvements to the EWPCF; and 20 1 the purpose of financing the Participants' share of the current expansiol 19 formed the Encina Financing Joint Powers Authority (the "Authority") fol 18 District and the Leucadia County Water District (the "Participants") havt 17 WHEREAS, the Cities of Carlsbad and Vista, the Buena Sanitatior 16 "43rd Supplement) (collectively, the "Expansion Project") ; and 15 (the "39th Supplement") and the 43rd Supplement to the Master JPA (thc 14 21 WHEREAS, the Member Agencies that are not Participants, namely, thl ' . 22 /// 28 /// 27 /// 26 from other sources; and 25 and the Leucadia County Water District is financing a portion of its shar 24 financing their share of the Expansion Project cost from other sources 23 Vallecitos Water District and the Encinitas Sanitary District, arl 1 1 2 3 4 5 6 7 a 9 10: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 e 0 WHEREAS, the financing structure of the Expansion Projecl contemplates a conveyance and assignment of the Participant's capacity ir the Expansion Project, pursuant to an Assignment Agreement dated as 0' June 1, 1989, by and among the Participants and the Authority, wit1 concurrent repurchase of the capacity by the Participants pursuant to thc Installment Purchase Agreement described below; and WHEREAS, the Authority will enter into four separate Installmen. Purchase Agreements each dated as of June 1, 1989, by and between thl Authority, as seller, and each of the Participants, as purchaser (collectively, the "Installment Purchase Agreements") , which provide fo the purchase on an installment purchase basis by the Participants of thei respective shares of the Capacity in the Expansion Project, as describe in the Assignment Agreement; and WHEREAS, the Authority will assign the payments obtained from th Installment Purchase Agreements to a trust estate, created pursuant to a Indenture of Trust dated as of June 1, 1989 by and between the Authorit and a trustee to be selected by the Authority (the "Indenture") ; and WHEREAS, the Authority will issue its Wastewater Revenue Bonc (Phase IV Expansion Project) 1989 Series A (the "Bonds") secured by tt payments to be made by the Participants under the Installment Purcha: Agreements to raise money to pay for all or part of the acquisition a1 c,onstruction of the Participants' respective shares of the Expansic Project and other related expenses; and WHEREAS, the Bonds will be issued and secured as provided in ti Indenture; and WHEREAS, each of the Member Agencies have been presented with copit of the basic form of agreements and documents discussed above. /// i. /I e e 1 2 3 4 5 6 7 8 9 10: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl sbad, as fol1 ows; 1. That the Assignment of each Participant’s financed share of capacity in the Expansion Project pursuant to the basic terms of the forms of Installment Purchase Agreement and Assignment Agreement and the actions contemplated thereby are, consented to and approved, but only to the extent required by the Master JPA and any collateral agreements or requirements. 2. That the City Clerk is hereby authorized to furnish a certified copy of this Resolution to the Authority. PASSED, APPROVED AND ADOPTED by the City Council at a regular meeting thereof held on the 27th day of June , 1989, by thc following vote, to wit: AYES: Council Members Lewis, Kulchin, Petcine, Mamaux and Larson NOES: None ABSENT: None ATTEST : - ALETHA L. RAUTENKRANZ, City C1 Ark (SEAL) ~