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HomeMy WebLinkAbout4816_CCv0001.pdf RESOLUTION NO. 4816 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DESIGNATING ITS CERTIFICATES OF PARTICIPATION (1991 SOLID WASTE CAPITAL IMPROVEMENTS PROJECT) AND THE INSTALLMENT SALE AGREEMENT AS QUALIFIED TAX-EXEMPT OBLIGATIONS WHEREAS, the City Council (the "City Council" ) of the City of Redlands (the "City") has previously authorized the issuance of its certificates of participation in an aggregate principal amount not to exceed $8, 000, 000 (the "Certificates" ) and authorized the necessary legal documents, including and Installment Sale Agreement between the City and the Redlands Public Improvements Corporation (the "Installment Sale Agreement") , relating to such Certificates in order to finance the acquisition, construction, installation and equipping of the City' s solid waste capital improvements project (the "Project") by its adoption of Resolution No. 4808 on October 22, 1991; and WHEREAS, the City Council, including all subordinate entities thereof, does not anticipate that it will issue tax-exempt obligations in excess of $10, 000, 000 in the 1991 calendar year; and WHEREAS, the City Council wishes to designate the Certificates and the Installment Sale Agreement relating to the Certificates and the Project as "qualified tax-exempt obligations" pursuant to and for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. Designation ^as Qualified Tax-Exe=t Obligations . The City Council hereby determines that the City, including all subordinate entities thereof, does anticipate that it will issue tax--exempt obligations in excess of $10, 000, 000 in aggregate principal amount in the 1991 calendar year, and hereby designates the Installment Sale Agreement and the Certificates as "qualified tax-exempt obligations" pursuant to and for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. -1- KAB78794 Section 2 . Effective Date. This Resolution shall take effect upon adoption. ADOPTED this 19th day of November 1991. b� v . M yor of,.,the` o _ Re Winds , r } ATTEST: City Cle3jk of the/- City City of -$edland 2- KAB78794 I, Lorrie Poyzgr , City Clerk of the City of Redlands, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Redlands, California, at a regular meeting thereof held on the 19th day of November 1991, by the following vote of the City Council : AYES : Councilmembers Beswick, Larson, Milson. NOES : Councilmember Cunningham; Mayor DeMirjyn ABSENT: None ABSTAINED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Redlands, California this 19th day of November 1991. City leak of tMr; ' ity of Redlands, California -3- KAB78794 LAW OFFICES OF BEST, BEST & KRIEGER November 7, 1991 MEMORANDUM TO: CITY COUNCIL, CITY MANAGER AND CITY ATTORNEY FROM: SPECIAL COUNSEL RE: CERTIFICATES OF PARTICIPATION (1991 SOLID WASTE CAPITAL IMPROVEMENTS PROJECT) At its meeting of October 22 , 1991, the City Council approved all necessary legal documents relating to the City' s Certificates of Participation, proceeds of which will be used to finance the acquisition and construction of capital improvements to the City' s solid waste disposal system. The City' s financial advisor believes that the Certificates of Participation may be more marketable if designated by the City Council as "qualified tax-exempt obligations" pursuant to Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. Designation of the Certificates of Participation as "qualified tax-exempt obligations" allows more favorable tax treatment of interest to certain financial institutions. Attached is a resolution designating the Certificates of Participation as "qualified tax-exempt obligations . " We recommend adoption of the attached resolution to provide additional flexibility in the marketing of the Certificates of Participation. Glen E. Stephens Kim A. Byrens