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HomeMy WebLinkAboutReso 2020-141 - Approve issuance by the Calif Municipal Finance Auth of Charter School Revenue Bond Series 2020 RESOLUTION NO. 2020-141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF ITS CHARTER SCHOOL REVENUE BONDS (PHOENIX CHARTER ACADEMY PROJECT) SERIES 2020 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $13,000,000 FOR THE PURPOSE OF FINANCING AND/OR REFINANCING THE ACQUISITION, CONSTRUCTION, INSTALLATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF CERTAIN PUBLIC CHARTER SCHOOL FACILITIES, AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, pursuant Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act"), certain public agencies (the "Members") have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), in order to form the California Municipal Finance Authority (the "Authority"), for the purpose of promoting economic, cultural and community development and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the City of Redding (the "City") is a member of the Authority; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and WHEREAS, PCA Facilities Shasta View LLC (the `Borrower"), a California limited liability company, has requested that the Authority participate in the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $13,000,000 (the "Bonds") for the purpose of financing and/or refinancing the acquisition, construction, installation, improvement, furnishing and equipping of certain educational facilities for a public charter school serving kindergarten through grade 12, including but not limited to classrooms, administrative offices, career-technical education facilities, special education meeting spaces, server/storage spaces, a playground, and related and appurtenant facilities, landscaping, parking and site improvements (the "Project"), to be located within the City, owned by the "Borrower, and operated by Phoenix Charter Academy, a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Code"), which is the sole managing member of the Borrower; and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City because a portion of the Project is to be located within rD the territorial limits of the City; and �r WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the 0 G issuance of the Bonds under Section 147(f) of the Code; and G 1 l WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Agreement; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING AS FOLLOWS: Section 1. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of(a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. Section 2. The payment of the principal, premium, if any, and interest on the Bonds shall be solely the responsibility of the Borrower. The City shall have no responsibility or liability whatsoever with respect to the Bonds. The Bonds shall not constitute a debt or obligation of the City. Section 3. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary to the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 4. The officers and officials of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 5. The City Clerk is directed to forward a certified copy of this Resolution to the bond counsel to the Authority with respect to the Bonds, addressed as follows: Kerrigan R. Bennett Stradling Yocca Carlson& Rauth 44 Montgomery Street, Suite 4200 San Francisco, CA 94104 Section 6. This Resolution shall take effect immediately upon its adoption. 2 I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 17th day of November, 2020, and duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBER: Dacquisto,Resner, Schreder,Winter,and McElvain NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAIN: COUNCIL MEMBER: None ADAM McELVAIN, Mayor ATTEST: APPROVED AS TO FORM: PAMELA MIZE, City CRYk BAR Y E. De ALT, City Attorney CERTIFICATE OF THE ATTESTING OFFICER The undersigned, Pamela Mize, City Clerk, does hereby attest and certify that this Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Redding which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof. ATTEST: Signature of Attesting Offi Pamela Mize,City Clerk 3