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HomeMy WebLinkAboutCC RESO 2004 - 240RESOLUTION NO. 2004 — 240 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY OF ITS NOT TO EXCEED $30,000,000 AGGREGATE PRINCIPAL AMOUNT OF COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (NATIONAL CITY REDEVELOPMENT PROJECT) 2004 TAXABLE REFUNDING TAX ALLOCATION BONDS, SERIES B, AND ITS NOT TO EXCEED $15,000,000 AGGREGATE PRINCIPAL AMOUNT OF COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (NATIONAL CITY REDEVELOPMENT PROJECT) 2004 REFUNDING TAX ALLOCATION BONDS, SERIES C, AND TAKING CERTAIN OTHER ACTIONS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO WHEREAS, the Community Development Commission of the City of National City (the "Commission") is a community development commission, a public body, corporate and politic duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law, being Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California (the "Law") and the powers of such commission include the power to incur indebtedness for the purpose of financing and refinancing redevelopment activities within and of benefit to its redevelopment project areas and to issue bonds for any of its corporate powers; and WHEREAS, a redevelopment plan for the National City Redevelopment Project, in the City of National City (the "Redevelopment Project"), has been adopted in compliance with all requirements of the Law; and WHEREAS, the Commission has issued its $26,900,000 initial principal amount of National City Redevelopment Project 2001 Taxable Variable Rate Demand Tax Allocation Bonds, Series A (the "2001 Series A Bonds") for the purpose of refunding in full the Commission's National City Downtown Redevelopment Project 1998 Tax Allocation Bonds; and WHEREAS, the Commission has issued its $11,600,000 initial principal amount of National City Redevelopment Project 2001 Variable Rate Demand Tax Allocation Bonds, Series B (the "2001 Series B Bonds" and, together with the 2001 Series A Bonds, the "2001 Bonds") for the purpose of raising additional funds to provide financing for the Redevelopment Project; and WHEREAS, the Commission has issued, on a parity with the 2001 Bonds, its $5,860,000 aggregate principal amount of National City Redevelopment Project 2004 Tax Allocation Bonds, Series A (the "2004 Series A Bonds") pursuant to the provisions of the Law and an Indenture of Trust, dated as of June 1, 2004 (the "Master Indenture"), by and between the Commission and Deutsche Bank National Trust Company, as trustee, for the purpose of providing funds to finance redevelopment activities with respect to the Redevelopment Project; and Resolution No. 2004 — 240 December 21, 2004 Page Two WHEREAS, the Commission wishes to issue, on a parity with the 2004 Series A Bonds, its not to exceed $30,000,000 aggregate principal amount of National City Redevelopment Project 2004 Taxable Refunding Tax Allocation Bonds, Series B (the "2004 Series B Bonds") pursuant to the provisions of the Law, the Master Indenture and a First Supplemental Indenture of Trust, dated as of January 1, 2005, by and between the Commission and Deutsche Bank National Trust Company, as trustee (the "Trustee"), for the purpose of providing funds to refund the 2001 Series A Bonds, and pay for costs of issuance of the 2004 Series B Bonds; and WHEREAS, the Commission wishes to issue, on a parity with the 2004 Series A Bonds and the 2004 Series B Bonds, its not to exceed $15,000,000 aggregate principal amount of National City Redevelopment Project 2004 Refunding Tax Allocation Bonds, Series C (the "2004 Series C Bonds") pursuant to the provisions of the Law, the Master Indenture and a Second Supplemental Indenture of Trust dated as of January 1, 2005, by and between the Commission and the Trustee for the purpose of providing funds to refund the 2001 Series B Bonds, and pay for costs of issuance of the 2004 Series C Bonds; and WHEREAS, Section 33640 of the Law requires the Commission to obtain the approval of the City Council of the City of National City (the "City Council") prior to the issuance of the 2004 Series B Bonds and the 2004 Series C Bonds (collectively, the `Bonds"); and WHEREAS, the City Council has determined that the issuance of the Bonds is in the public interest of the City of National City (the "City") and of the Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Recitals. The City Council finds and declares that the above recitals are true and correct and incorporates them herein. SECTION 2. Approval of Issuance of Bonds. The City Council of the City approves the issuance of the Bonds by the Commission, as hereinabove described. SECTION 3. Effective Date. This Resolution shall take effect from and after the date of approval and adoption thereof. SECTION 4. Certification. The City Clerk shall certify the adoption of this Resolution. Resolution No. 2004 — 240 December 21, 2004 Page Three PASSED and ADOPTED this 21st day of December, 2004. ATTEST: APPROVED AS TO FORM: George . Eiser, Ill City Attorney