HomeMy WebLinkAboutItem 4.5 Public Improvement Bonds (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 23, 1991
SUBJECT: Resolution of Intention to Issue Bonds for the Purpose
of Providing Financing for Certain Public Improvements
Report by Public Works Director Lee Thompson
EXHIBITS ATTACHED: Resolution
RECOMMENDATION: Adopt Resolution
FINANCIAL STATEMENT: This resolution will reduce the amount of future
assessment on property for public infrastructure by
authorizing the City to use tax exempt financing for
such purposes in the future. There is no direct cost
to the City.
DESCRIPTION: This resolution is similar to that adopted at the
February 25, 1991, City Council meeting which related to public street improvements
east of Dougherty Road. This resolution pertains to improvements west of San Ramon
Road, including, but not limited to, improvements to Dublin Boulevard which are
required to support future development.
The purpose of this resolution is to place the City in a position to utilize tax
exempt financing for future infrastructure costs in that area. This resolution must
be adopted prior to the City Council's consideration of expenditures related to
those improvements. The item on this agenda related to a proposed agreement for
engineering design services for the Dublin Boulevard/Silvergate Drive intersection
concerns such an expenditure.
Staff recommends that the City Council adopt the resolution.
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RESOLUTION NO. - 91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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DECLARING INTENTION TO ISSUE BONDS FOR THE PURPOSE OF
PROVIDING FINANCING FOR CERTAIN PUBLIC STREET IMPROVEMENTS
RESOLVED, by the City Council of the City of Dublin, County of
Alameda, California, that
WHEREAS, the City of Dublin is authorized pursuant to the
Improvement Bond Act of 1915, Section 8500, et seq. , of the Streets and
Highways Code of California, the Mello-Roos Community Facilities Act of
1982 , Section 53311, et seq. , of the California Government Code, and
other financing authorities (collectively, the "Acts") to issue and sell
its bonds for the purpose of providing financing for certain public
improvements; and
WHEREAS, the City of Dublin intends to issue bonds under the Acts
(the "Bonds") for the purpose of providing financing for public
infrastructure improvements including, but not limited to, the
construction of new streets, curbs, gutters, sidewalks, and related
water, sewer, storm drainage, utility, street light and traffic signal
facilities together with all required landscaping and appurtenant
improvements for Dublin Boulevard west of San Ramon Road, including, but
not limited to, the intersection of Dublin Boulevard and Silvergate
Drive, and wishes to assure that amounts expended for the Project may be
reimbursed from the proceeds of the Bonds; and
WHEREAS, it is in the public interest, for public benefit and in
furtherance of the public purposes of the City that City Council provide
preliminary approval of the issuance of the Bonds for the aforesaid
purposes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin as follows:
1. The City hereby declares its intent to enter into such
agreements and secure funding and to issue and sell the Bonds in such
principal amount or amounts, from time to time, all as may be necessary
to provide financing for the Project.
2 . The City hereby declares its intent to use proceeds of the
Bonds to pay for all costs of the Project which are incurred after the
date of issuance of the Bonds as well as to reimburse the City or others
for all amounts paid or incurred in connection with the Project or the
Bonds prior to bond issuance, including, but not limited to the
following: (i) the cost of planning and designing the public
improvements, including the cost of environmental evaluation; (ii) the
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expenses of making any analyses and tests in connection with the public
improvements, including those to determine that the work, and any
materials or appliances incorporated into it, comply with the
specifications of the City; (iii) all compensation for work done by the
engineers, attorneys, appraisers, and other consultants; (iv) all costs
incidental to the construction, completion and inspection of the public
improvements; (v) the costs of any acquisitions required by, or related
to, the Project; (vi) all costs of reimbursing advances made by or on
behalf of the City for the Project construction; (vii) the cost of
filing and recording documents, of title searching, description writing,
and of preparing all documents and reports in connection with the
Project; (viii) the cost of relocating or altering any public utility
facilities; (ix) all costs related to the issuance of the Bonds,
including, but not limited to, printing and advertising, costs of
obtaining credit ratings, bond insurance premiums, fees for letters of
credit and other credit enhancement costs, initial fees for registration
of the Bonds; and (x) all administrative costs of the City in connection
with the Project or the Bonds.
3 . The City hereby determines that it intends to take all action
necessary or advisable in connection with the issuance and sale of the
Bonds.
4 . The Bonds shall be special obligations of the City payable
solely from the sources described in the authorization of the Bonds and
shall not constitute an indebtedness of the City or a loan of credit
thereof within the meaning of any constitutional or statutory
provisions.
5. The issuance and sale of the Bonds shall be upon such terms
and conditions as may be subsequently determined by the City and shall
be subject to completion of all required proceedings for the formation
of any assessment and/or community facilities district(s) and for the
issuance, sale and delivery of the Bonds by the City.
6. The proceeds of the Bonds shall include such related and
necessary issuance costs, administrative expenses, debt service reserves
and interest payments as may be required to successfully accomplish the
financing.
7. The City Council hereby finds that the adoption of this
Resolution is a substantial inducement to the City and others to enter
in agreements and to expend amounts for the Project and the Bonds in
advance of. issuance of the Bonds and that the Project will further the
public purposes of the City.
8 . This Resolution is adopted solely for the purpose of assuring
that the exclusion of interest on the Bonds for federal income tax
purposes will not be adversely affected by reason of the use of proceeds
of the Bonds for the reimbursement of costs paid or incurred in advance
of the issuance of the Bonds, and the action of the City Council in
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adopting this Resolution shall not vest in the City or in others a right
to require that the Bonds be issued or to require reimbursement in the
event that the City Council, in its sole discretion determines, in the
course of proceedings for issuance and sale of the Bonds, not to
reimburse for costs paid or incurred in contemplation of issuance of the
Bonds.
PASSED, APPROVED AND ADOPTED this 23rd day of September, 1991.
AYES:
NOES: None
ABSENT: None
Mayor
ATTEST:
City, Clerk
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