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Reso 2009-143
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Reso 2009-143
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Last modified
10/22/2009 2:58:10 PM
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10/22/2009 2:58:10 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
10/19/2009
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PERM
Document Relationships
10A Action 2009 1019
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1019
Agmt 2009 California Statewide Communities Development Authority
(Approved)
Path:
\City Clerk\City Council\Agreements\2009
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RESOLUTION NO. 2009-143 <br />CITY COUNCIL <br />OF THE <br />CITY OF SAN LEANDRO <br />A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE <br />EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT <br />AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE <br />SELLER'S PROPOSITION lA RECEIVABLE FROM THE .STATE; AND <br />DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN <br />CONNECTION THEREWITH <br />WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and <br />Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the <br />"Act"), certain local agencies within the State of California (the "State") are entitled to receive <br />certain payments to be made by the State on or before June 30, 2013, as reimbursement for <br />reductions in the percentage of the total amount of ad valorem property tax revenues allocated to <br />such local agencies during the State's 2009-10 fiscal year (the "Reimbursement Payments"), <br />which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California <br />Revenue and Taxation Code; <br />WHEREAS, the City of San Leandro, a local agency within the meaning of Section <br />6585(f) of the California Government Code (the "Seller"), is entitled to and has determined to <br />sell all right, title and interest of the Seller in and to its "Proposition 1 A receivable", as defined in <br />Section 6585(g) of the California Government Code (the "Proposition lA Receivable"), namely, <br />the right to payment of moneys due or to become due to the Seller pursuant to Section <br />25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the <br />California Revenue and Taxation Code, in order to obtain money to fund public capital <br />improvements or working capital; <br />WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the <br />interests of its residents require; <br />WHEREAS, the California Statewide Communities Development Authority, a joint <br />exercise of powers authority organized and existing under the laws of the State (the <br />"Purchaser"), has been authorized pursuant to Section 6588(x) of the California Government <br />Code to purchase the Proposition lA Receivable; <br />WHEREAS, the Purchaser desires to purchase the Proposition lA Receivable and the <br />Seller desires to sell the Proposition 1A Receivable pursuant to a purchase and sale agreement by <br />and between the Seller and the Purchaser in the form presented to this City Council (the "Sale <br />Agreement") for the purposes set forth herein; <br />WHEREAS, in order to finance the purchase price of the Proposition 1A Receivable from <br />the Seller and the purchase price of other Proposition lA Receivables from other local agencies, <br />the Purchaser will issue its bonds (the "Bonds") pursuant to Section 6590 of the California <br />Government Code and an Indenture (the "Indenture"), by and between the Purchaser and Wells <br />Fargo Bank, National Association, as trustee (the "Trustee"), which Bonds will be payable solely <br />
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