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10B Action 2014 0616
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10B Action 2014 0616
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6/30/2014 10:00:25 AM
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6/11/2014 10:56:24 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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PowerPoint 10B Action 2014 0616 Tax Allocation Bonds
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Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
SA Reso 2014-002
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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File Number: 14-241 <br />6.Determinations by the Oversight Board . The Successor Agency requests that the <br />Oversight Board make the following determinations upon which the Successor Agency will rely <br />in undertaking the refunding proceedings and the issuance of the Refunding Bonds: <br />(a)The Successor Agency is authorized , as provided in Section 34177.5(f), to recover <br />its costs related to the issuance of the Refunding Bonds from the proceeds of the Refunding <br />Bonds, including the cost of reimbursing its administrative staff for time spent with respect to <br />the authorization, issuance, sale and delivery of the Refunding Bonds; <br />(b)The application of proceeds of the Refunding Bonds by the Successor Agency to <br />the refunding and defeasance of the Prior Bonds, as well as the payment by the Successor <br />Agency of costs of issuance of the Refunding Bonds, as provided in Section 34177.5(a), shall <br />be implemented by the Successor Agency promptly upon sale and delivery of the Refunding <br />Bonds, notwithstanding Section 34177.3 or any other provision of law to the contrary, without <br />the approval of the Oversight Board, the California Department of Finance, the Alameda <br />County Auditor-Controller or any other person or entity other than the Successor Agency ; <br />(c)The Successor Agency shall be entitled to receive its full Administrative Cost <br />Allowance under Section 34181(a)(3) without any deductions with respect to continuing costs <br />related to the Refunding Bonds, such as trustee’s fees , auditing and fiscal consultant fees and <br />continuing disclosure and rating agency costs (collectively, “Continuing Costs of Issuance”), <br />and such Continuing Costs of Issuance shall be payable from property tax revenues pursuant <br />to Section 34183. In addition and as provided by Section 34177.5(f), if the Successor Agency <br />is unable to complete the issuance of the Refunding Bonds for any reason, the Successor <br />Agency shall, nevertheless, be entitled to recover its costs incurred with respect to the <br />refunding proceedings of the Refunding Bonds from such property tax revenues pursuant to <br />Section 34183 without reduction in its Administrative Cost Allowance . <br />7.Filing of Debt Service Savings Analysis and Resolution . The Successor Agency is <br />hereby authorized and directed to file the Debt Service Savings Analysis , together with a <br />certified copy of this Resolution, with the Oversight Board, and, as provided in Section <br />34180(j) with the Alameda County Administrative Officer , the Alameda County <br />Auditor-Controller and the California Department of Finance. <br />8. Sale of Refunding Bonds. The Successor Agency hereby approves the Purchase <br />Agreement. The Authorized Officers, each acting alone, are hereby authorized and directed <br />to execute and deliver the Purchase Agreement for and in the name and on behalf of the <br />Successor Agency, in substantially the form on file with the Successor Agency , with such <br />changes therein, deletions therefrom and additions thereto as the Authorized Officer executing <br />the same shall approve, such approval to be conclusively evidenced by the execution and <br />delivery of the Purchase Agreement . The Authorized Officers are further authorized to select <br />one or more co-managing underwriters for one or more series of the Refunding Bonds. <br />9.Issuance of Refunding Bonds in Whole or in Part . It is the intent of the Successor <br />Agency to sell and deliver the Refunding Bonds in whole, provided that there is compliance <br />with the Savings Parameters. However, the Successor Agency will initially authorize the sale <br />and delivery of the Refunding Bonds in whole or, if such Savings Parameters cannot be met <br />with respect to the whole, then in part; provided that the Refunding Bonds so sold and <br />Page 4 City of San Leandro Printed on 6/10/2014
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