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HomeMy Public PortalAbout2020.028 - (03-03-20) RESOLUTION NO. 2020.028 A RESOLUTION OF THE CITY COUNCIL OF LYNWOOD APPROVING AN INDENTURE OF TRUST RELATING TO THE LYNWOOD UTILITY AUTHORITY ENTERPRISE REVENUE BONDS, 2020 SERIES A, AND AUTHORIZING AND DIRECTING THE EXECUTION THEREOF AND AUTHORIZING ACTIONS RELATED THERETO WHEREAS, the Lynwood Utility Authority (the "Authority") is a joint powers authority duly organized and existing under and pursuant to that certain Joint Exercise of Powers Agreement, dated as of September 1, 2003 by and between the City of _ Lynwood (the "City") and the Lynwood Redevelopment Agency (the "Agency" and, with the City, the "Members"), and under the provisions of Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act"), and is authorized pursuant to Article 4 of the Act to borrow money for the purpose of financing the acquisition of bonds, notes and other obligations of, or for the purpose of making loans to, public entities, including the Members, and to provide financing for public capital improvements of public entities, including the Members; and WHEREAS, the Authority is authorized pursuant to the provisions of sections 6584 et seq. of the Act (the "Bond Law"), to issue its revenue bonds for the purpose of financing facilities for the production, storage, transmission, or treatment of water or wastewater; and WHEREAS, payment of the principal of and interest on the revenue bonds will be secured by a pledge of net revenues received by the Authority from the operation by the City of its combined water and sewer system (the "Enterprise"); and WHEREAS, the Authority, after due investigation and deliberation, has determined that it is in the interests of the Authority at this time to provide for the issuance of bonds under the Bond Law to (a) finance certain improvements to the Enterprise, (b) fund a reserve fund for such bonds, and (c) pay the costs of issuance of such bonds; and WHEREAS, to that end, the Authority has determined to issue its revenue bonds, to be designated as the Lynwood Utility Authority Enterprise Revenue Bonds, 2020 Series A, in the principal amount not to exceed $20,000,000 (the "Bonds"), to be secured by a pledge of the net revenues derived from the operation of the Enterprise; and WHEREAS, the Council has duly considered such transactions and wishes at this time to approve said transactions in the public interests of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. Findings and Determinations. The Council hereby finds hereby finds and determines that the recitals hereto are true and correct. 1 Section 2. Approval of Indenture. The Bonds shall be issued pursuant to an Indenture of Trust (the "Indenture"), by and between the Authority and The Bank of New York Mellon Trust Company, N.A., as Trustee (the "Trustee"). The Council hereby approves the Indenture in substantially the form on file with the Secretary, together with such non-material additions thereto and changes therein as the Mayor, the Vice Mayor, the City Manager, and the Director of Finance (the "Designated Officers") shall deem necessary, desirable or appropriate, the execution of which by the City shall be conclusive evidence of the approval of any such non-material additions and changes. The Designated Officers, each acting alone, are hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest to, the final form of the Indenture for and in the name and on behalf of the City. The Council hereby authorizes the delivery and performance of the Indenture. Section 3. Official Actions. The Mayor, the Vice Mayor, the City Manager, the Director of Finance, and the City Clerk and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and sale of the Bonds and the consummation of the transactions as described herein. Section 4. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. [Signatures on the following page] 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 3rd day of March, 2020. y Aide Castro, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Aeoe" Noel Tapia, Jose 0 r"teotl, City Attorney City Manager 3 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the 3rd day of March, 2020 and passed by the following vote: AYES: COUNCIL MEMBERS SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE • Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2020.028 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 3rd day of March, 2020. 4 / aria Quinonez, City Clerk 4 6 scANNED