RES-2010-150RESOLUTION NO. 2010 -150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, APPROVING THE ISSUANCE BY THE ANAHEIM
REDEVELOPMENT AGENCY OF ITS ANAHEIM MERGED
REDEVELOPMENT PROJECT AREA 2010 TAX ALLOCATION
BONDS, (TAXABLE RECOVERY ZONE ECONOMIC
DEVELOPMENT BONDS) MAKING CERTAIN
DETERMINATIONS RELATING THERETO
WHEREAS, the Anaheim Redevelopment Agency ( "Agency ") is a community
redevelopment agency duly created, established and authorized to transact business and exercise its
powers, all under and pursuant to the Community Redevelopment Law, Part 1 of Division 24
(commencing with Section 33000) of the Health and Safety Code of the State of California
( "Redevelopment Law "), and the powers of the Agency include the power to issue bonds for any of
its corporate purposes, including the purpose of refunding bonds previously issued by the Agency;
and
WHEREAS, a Redevelopment Plan for the Agency's Anaheim Merged Redevelopment
Project Area (the "Redevelopment Project ") including each of the component areas thereof, has been
adopted in compliance with all requirements of the Redevelopment Law; and
WHEREAS, the Agency has adopted its Resolution No. ARA 2007 -012 entitled:
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $6,573,000 PRINCIPAL AMOUNT TAX ALLOCATION
BONDS ON CERTAIN TERMS AND CONDITIONS,
APPROVING A CONTINUING DISCLOSURE CERTIFICATE,
APPROVING THE FORM AND DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT AND FINANCING
DOCUMENTS, AUTHORIZING CERTAIN OTHER OFFICIAL
ACTIONS AND PROVIDING FOR OTHER MATTERS
RELATING THERETO; and
WHEREAS, under and pursuant to the above - referenced Resolution, the Agency has
authorized the issuance of the Anaheim Redevelopment Agency (Anaheim Merged Redevelopment
Project Area), 2010 Tax Allocation Bonds (Taxable Recovery Zone Economic Development Bonds)
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(the "Bonds ") to provide additional moneys to finance and refinance the Agency's undertakings
under the Anaheim Merged Redevelopment Project pursuant to the Redevelopment Plan therefor, as
further described in said resolution of the Agency; and
WHEREAS, pursuant to certain provisions of the American Recovery and Reinvestment Act
( "ARRA "), (1) the City has designated certain portions of the entire City, including the area
contained within the Redevelopment Project, as a Recovery Zone, (2) the City has received a
Recovery Zone Economic Development Bond allocation of $6,573,000, (3) the City may authorize
the Agency to issue bonds on a basis subject to federal income taxation and the Agency may receive
federal bond tax subsidy payments where the bonds are designated as Recovery Zone Economic
Development Bonds; and
WHEREAS, it is proposed that the Bonds be designated as Recovery Zone Economic
Development Bonds; and
WHEREAS, the approval by the City of the Agency's issuance of Bonds is not a "project"
within the meaning of the California Environment Quality Act ( "CEQA "), specifically CEQA
Guidelines section 15378, and thus is not subject to CEQA pursuant to CEQA Guidelines
section 15060(c)(3).
NOW, THEREFORE, be it resolved, determined, and ordered by the City Council of the City
of Anaheim that:
Section 1. The City Council hereby approves the issuance of the Bonds in order to
further finance and refinance the Agency's undertakings and for other purposes related thereto, , all
of which constitute a "redevelopment activity ", as such term is defined in Health and Safety Code
Section 33678, pursuant to the terms of the Agency resolution referenced in the recitals hereof and
the accompanying Supplemental Indenture of Trust.
Section 2. All actions heretofore taken by the officers and agents of the City with respect
to the issuance of the Bonds are hereby approved, confirmed and ratified. The Mayor and the City
Manager 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 which they, or
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any of them, may deem necessary or advisable in order to consummate the purchase of the Bonds by
Stone & Youngberg LLC (the "Underwriter ") pursuant to a Bond Purchase Agreement to be entered
into by the Agency and the Underwriter. Such actions may include approval of agreements
confirming (a) subordination by the City of any and all lien, right or interest of the City tax increment
revenues related to (i) payment of statutory pass - throughs, if any, payable to the City by the Agency
pursuant to Health and Safety Code Sections 33607.5, 33607.7 or any related statutes, (ii) payments
pursuant to any other loan, cooperation or other agreements between the Agency and the City, to the
lien and pledges provided pursuant to the Indenture for the 2007 Bonds and the Bonds and any
related obligations, to the extent determined by the City Manager upon the advice of the City
Attorney to be reasonably necessary or convenient to facilitate the sale and delivery of the Bonds,
the authorized officer's execution thereof to be conclusive evidence of such approval. The City Clerk
is authorized to attest the final form of such documents.
Section 3. The Bonds shall be issued as "Recovery Zone Economic Development
Bonds" under ARRA and the City hereby allocates to the Bonds up to $6,573,000 of the City's
Recovery Zone Economic Development Bond allocation, and authorized officers of the City are
hereby authorized and directed to execute all documents and take all actions reasonably required to
evidence the allocation to the Bonds, and the assignment of any related federal tax subsidy payments
to the Agency; provided that to the extent the Agency officer executing the Supplemental Indenture
for the Bonds determines that it will not reduce the net borrowing cost to the Agency (taking into
account the related federal tax subsidy payments) to issue the Bonds as Recovery Zone Economic
Development Bonds, such Authorized Officer is hereby authorized to approve such changes to the
proposed forms of the Indenture of Trust, the Purchase Contract, the Continuing Disclosure
Agreement, the Preliminary Official Statement, the final Official Statement and other instruments
approved or authorized relative to the Bonds as may be necessary or appropriate to provide for the
execution and delivery of all or a portion of such Bonds as tax exempt bonds, in each case after
consultation with General Counsel and Bond Counsel, as appropriate, such approval to be
conclusively evidenced by the execution and delivery of such documents.
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Section 4. The City Council hereby reaffirms that any indebtedness of the Agency to the
City payable from the Redevelopment Project tax increment, including any interest accrued therein,
shall be payable from tax increment revenues on a basis subordinate to the payment of the Bonds and
any obligations of the Agency under the Indenture of Trust pursuant to which the Bonds are to be
issued.
Section 5. Effective Date This Resolution shall take effect upon adoption.
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THE FOREGOING RESOLUTION IS PASSED, APROVED, AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF ANAHEIM, THIS FOURTEENTH (14 DAY OF
SEPTEMBER, 2010 BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Hernandez, Galloway, Kring
NOES: NONE
ABSENT: Council Member Sidhu
ABSTAIN: NONE
WOODHEAD
City Attorney
CITY OF ANAHEIM
e
MA O
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APPROVE S, TO FORM:
CRISTINA L. TALLEY, CITY ATTORNEY