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FA Resolution 1994-01 LA QUINTA FINANCING AUTHORITY RESOLUTION NO. FA 9 4 - 1 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT BY AND AMONG THE LA QUINTA REDEVELOPMENT AGENCY, LA QUINTA FINANCING AUTHORITY, AND THE UNDERWRITERS NAMED THEREIN TAX ALLOCATION REFUNDING BONDS, SERIES 1994 WHEREAS, the City of La Quinta (the "City") and the La Quinm Redevelopment Agency (the "Agency") have entered into a .!oint Exercise of Powers Agreement. dated as of November 3, 1988, creating the La Quinta Financing Authority (the "Authority"), as amended (the "Agreement"); and WHEREAS, pursuant to Article 4 of Chapter 5 of Division 7 of the Government Code of the State of California (the "Act") and the Agreement, the Authority is authorized to purchase bonds issued by th~, Agency for the refunding of Agency bonds and to finance public capital improvements or projects whenever there are significant public benefits as determined by the Agency; and WHEREAS, pursuant to the Act and the Agreement, the Authority is further authorized to sell bonds so purchased to public or private purchasers by public or negotiated sale; and WHEREAS, the Authority desires to purchase not to exceed $26,665,000 aggregate principal amount of bonds of the Agency designated "La Quinta Redevelopment Agency La Quinta Redevelopment Project Tax Allocation Refunding Bonds, Series 1994 (Project Area No. 1)" (the "Bonds") solely from the proceeds received from the Authority's concurrent sale of such Bonds to PaineWebber Incorporated and Sutter Securities Incorporated (the "Underwriters"); and o WHERE'.S, in accordance therewith. the Authority now desires to authorize the execution of a bond purchase contract, by and among the Authority, the Agency and the Underwriters (the "Purchase Contract"); and WHEREAS, the Agency has determined that "significant public benefits" as defined in Section 6586 of the Act will'be derived by the Agency in undertaking the issuance of the Bonds and their sale to the Authority and resale to the Underwriters, in furtherance of the corporate purposes of the Agency; NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the La Quinta Financing Authority as follows: Section 1. The foregoing recitals are true and correct and this Authority so finds and determines. Section 2. The proposed form of the Purchase Contract, on file with the Secretary of the Governing Board and incorporated into this Resolution by reference are hereby approved. Chairman of the Authority, or his designee, is hereby authorized and directed, for and in the name and on behalf of the Authority, to purchase the Bonds from the Agency and to accept the offer of the Underwriters to purchase the Bonds from the Authority, subject to the terms and conditions of the Purchase Contract, and to execute and deliver the Purchase Contract, in substantially said form, with such changes or additions thereto that may hereafter become necessary in the interests of the Authority and which are reviewed and approved by the Chairman of the Authority, or his designee, any such additions or changes to be conclusively evidenced by the execution and delivery of said agreements. Section 3. The officers of the Authority and members of the Governing Board are hereby authorized to take such other actions and execute such documents and certificates as are necessary or appropriate for the accomplishment of the purposes of this resolution. PUBL: 14103_214101 B2338.44 2 Section 4. This resolution shall take effect from and after its adoption. ADOPTED, SIGNED AND APPROVED this 3rd day of MaV , 1994. Chairman~~L~ ~ (SEAL) PUBL: 14103J{410l B2338.44 3 STATE O_F CALIFOi~NIA ) COUNTY OF RIVERSIDE ) I, SANDRA JUHOLA, Secretary of the Governing Board of the La Quinta Financing Authority, do hereby certify that the foregoing resolution was duly adopted by the regular Governing Board of the Authority at a meeting held on the 3rd day of May , 1994, and that it was so adopted by the following vote: AYES: Board Members Bangerter, McCartney, Perkins, Sniff, Chairman Pena NOES.' None ABSENT.' None ABSTAIN: None Secretary of the Governing Board of the La Quinta Financing Authority PUSL:I4103_21410182338.44 4 STATE OF CALIFOI~NIA ) COUNTY OF RIVERSIDE ) I, SANDRA JUHOLA, Secretary. of the Governing Board of the La Quinm Financing Authority, do hereby certify that the above and foregoing is a full, true and correct copy of RESOLUTION NO. F2~9 4-1 of said Board. and that the same has not been amended or repealed. DATED: May 3 , 1994 Secretary of the Governing Board of the La Quinta Financing Authority (SEAL) PURL: 14103_214101 B2338.44 5