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HomeMy WebLinkAboutRES NO 034-09RESOLUTION NO. O 3 4" 0 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE ISSUANCE AND SALE OF NOT TO EXCEED $16.5 MILLION AGGREGATE PRINCIPAL AMOUNT OF THE BAKERSFIELD REDEVELOPMENT AGENCY 2009 TAX ALLOCATION BONDS; AND AUTHORIZING RELATED ACTIONS WHEREAS, redevelopment plans (the "Plans") for the redevelopment of each of the three areas known and designated as follows has been adopted and approved in accordance with the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.; the "Law"): (a) the "Downtown Bakersfield Redevelopment Project" (the "Downtown Project"); (b) the "Southeast Bakersfield Redevelopment Project" (the "Southeast Project"); and (c) the "Old Town Kern-Pioneer Redevelopment Project" (the "Old Town Kern-Pioneer Project") (and, collectively, the three separate Projects comprise the "Project"); and WHEREAS, each of the Plans includes provisions authorized by the Law for the allocation to the Bakersfield Redevelopment Agency (the "Agency") of certain property taxes and for the issuance of tax allocation bonds payable from and secured by prescribed portions of such allocated property taxes to finance and refinance redevelopment activities in accordance with the applicable Plan, as the Plan may be amended from time to time; and WHEREAS, the Agency has authorized the issuance and sale of not to exceed $16.5 million aggregate principal amount of its 2009 Tax Allocation Bonds in four separate series (collectively, the "2009 Bonds") designated as follows: (a) Bakersfield Redevelopment Agency Tax Allocation Bonds, Series 2009A (Tax-Exempt - Tax Increment Revenue), Old Town Kern-Pioneer Redevelopment Project (the "Series 2009A Bonds"), pursuant to an Indenture (the "Old Town Kern-Pioneer Indenture"), between the Agency and U.S. Bank National Association, as Trustee (the "Trustee"), to finance and refinance authorized redevelopment activities of the Old Town Kern-Pioneer Project, to fund a reserve account and to pay costs of issuance relating to the Series 2009A Bonds; (b) Bakersfield Redevelopment Agency Tax Allocation Bonds, Series 2009B (Tax-Exempt - Tax Increment Revenue), Southeast Bakersfield Redevelopment Project) (the "Series 2009B Bonds"), pursuant to an Indenture (the "Southeast Indenture"), between the Agency and the Trustee, to finance and refinance authorized redevelopment activities of the Southeast Project, to fund a reserve account and to pay costs of issuance relating to the Series 2009B Bonds; (c) Bakersfield Redevelopment Agency Tax Allocation Bonds, Series 2009C (Taxable -Tax Increment Revenue), Southeast Bakersfield Redevelopment Project (the "Series 2009C Bonds"), pursuant to a First Supplemental Indenture (the "Southeast First Supplemental Indenture") between the Agency and the Trustee, to finance and refinance additional 1.,gFKF9 OHS West:260523710.6 ~ ~~` > m ~-- r D ORIGINAL authorized redevelopment activities of the Southeast Project, to fund a reserve account and to pay costs of issuance relating to the Series 2009C Bonds; and (d) Bakersfield Redevelopment Agency Tax Allocation Bonds, Series 2009D (Taxable - Housing Set-Aside Revenue) (the "Series 2009D Bonds"), pursuant to a separate Indenture (the "Housing Set-Aside Indenture," which collectively with the Old Town Kern-Pioneer Indenture, the Southeast Indenture and the Southeast First Supplemental Indenture are hereinafter referred to as the "Indentures") between the Agency and the Trustee, to finance and refinance certain authorized low and moderate income housing activities of the Southeast, Old Town Kern-Pioneer and Downtown Projects, to fund a reserve account and to pay costs of issuance relating to the Series 2009D Bonds; and WHEREAS, the City Council (this "Council") of the City of Bakersfield (the "City") wishes by this resolution to approve the issuance of the 2009 Bonds as provided by the Law and as previously authorized by the Agency; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct, and this Council hereby so finds and determines. 2. The issuance and sale of not to exceed $16.5 million aggregate principal amount of the 2009 Bonds by the Agency, in accordance with the terms and conditions set forth in the Indentures, is hereby approved. 3. The City Manager, Finance Director, City Attorney, City Clerk and any and all other officers, agents and employees of the City, are hereby further authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, certificates and other instruments which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and any other documents approved by this resolution. Any such actions heretofore taken by such officers are hereby ratified, confirmed and approved. 4. This resolution shall take effect from and after its adoption. OHS West:260523710. 6 2 `~RKfi~ J. J,~, >- rii F_- _ v ORIGINAt_ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on April 1, 2009, by the following vote: AYE COUNCILMEMBER tnr~T~~~~, Illy P~i ~,~~~~j ycr~~5cri Urtw~ ~" NOES: COUNCILMEMBER f1,wt.Q ABSTAIN: COUNCILMEMBER ~-~- ABSENT: COUNCILMEMBER ~b l.IC~E`- PAMELA A. McCARTHY C CITY CLERK of the City of Bakersfield APPRO~E~ APR HARVEY HALL MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY JOSHUA H. RUDNICK Deputy City Attorney OHS West:260523710. 6 3 o~'AK~9 o' s~ ~ m F-- r U ~ ORIGINAL