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HomeMy WebLinkAboutR-11130 authorizing the execution and delivery (6)RESOLUTION NO. 11130 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT, BETWEEN THE CITY AND CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK, FOR FINANCING THE WATER ENERGY EFFICIENCY PROJECT AND TAKING RELATED ACTIONS WHEREAS, the California Infrastructure and Economic Development Bank (“IBank”) administers a financing program to assist local governments with the financing of certain public development facilities; and WHEREAS, the City Council adopted Resolution No. 11011 (2019 Series) on May 21, 2019, approving the City’s submission of an application to IBank for assistance to finance the City’s Water Energy Efficiency Project (the “Project”), in the principal amount not to exceed 14,300,000; and WHEREAS, IBank has accepted the City’s application and is willing to provide financing for the Project (the “IBank Financing”) pursuant to the terms of an Installment Sale Agreement the “Installment Sale Agreement”), substantially in the form attached as Exhibit A; and WHEREAS, pursuant to Government Code Section 5352.1, the following are good faith estimates with respect to the IBank Financing: (i) the true interest cost will be three percent; (ii) the finance charge of the transaction (including an origination fee and annual fees to i-Bank) will be 628,529.46; (iii) the amount of proceeds to be received by the City less the finance charge will be $13,671,470.54; and (iv) the total payment amount to be paid by the City (including principal and interest components plus finance charge) under the Installment Sale Agreement will be 18,956,733.28. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows that: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The Installment Sale Agreement, in the form attached as Exhibit A, is hereby approved. Each of the Mayor (or in the Mayor’s absence, the Vice Mayor), and the City Manager (each, an “Authorized Officer”), acting individually, is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Installment Sale Agreement in substantially said form, with such additions or changes as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by such Authorized Officer’s execution and delivery thereof). Resolution No. 11130 (2020 Series) Page 2 R 11130 SECTION 3. Reference is hereby made to the City’s debt management policy (the “Debt Policy”) set forth in the City’s 2019-21 Financial Plan (as approved pursuant to Resolution No. 11026 (2019 Series) and supplemented by Resolution No. 11027 (2019 Series)), under the caption Capital Financing and Debt Management” in the section entitled “Fiscal Policies.” The City Council hereby finds that the IBank Financing is consistent with the Debt Policy. SECTION 4. The Authorized Officers, the City Manager, the Finance Director, the Utilities Director and all other officers of the City are hereby authorized, jointly and severally, to execute and deliver any and all necessary documents and instruments and to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and the Installment Sale Agreement. Any actions previously taken by officers of the City consistent with the purposes of this Resolution and such agreements are hereby ratified and confirmed. Upon motion of Council Member Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of June 2020. Mayor Heidi Harmon ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ____________________. Teresa Purrington City Clerk