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HomeMy WebLinkAbout2009-11 Full Faith & Credit Agrmt RESOLUTION NO.aoif1- II A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON AUTHORIZING A FULL FAITH AND CREDIT FINANCING AGREEMENT AND RELATED MATTERS. WHEREAS, the City Council of the City of Ashland, Jackson County, Oregon (the "City") is authorized by Oregon Revised Statutes Section 271.390 to enter into financing agreements to fmance real or personal property that the City Council determines is needed; and WHEREAS, the City has paid for capital projects for the City's water and wastewater systems (collectively, the "Projects"); and WHEREAS, the City Council hereby determines that the Projects are needed, and that it is desirable to refmance the Projects pursuant to ORS 271.390; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ashland, Oregon as follows: Section 1. Loan Agreement Authorized. The City is hereby authorized to enter into one or more fmancing or loan agreements in an aggregate principal amount of not more than $3,000,000 (each a "Loan Agreement") pursuant to ORS 271.390. Loan proceeds shall be used to refmance the Projects and to pay costs associated with each Loan Agreement. The City Administrator, the Finance Director, or the person designated by the City Administrator to act as Finance Director under this resolution (each a "City Official") are each hereby authorized, on behalf of the City and without further action by the Council, to: (1) Issue one or more Loan Agreements; (2) Determine the final principal amount, interest rates, payment dates, prepayment rights and all other terms of each fmancing; (3) Negotiate, execute and deliver a note to evidence amounts due under each Loan Agreement; (4) Negotiate and execute each Loan Agreement with Bank of America, N.A or any other commercial bank. Subject to the limitations of this resolution, each Loan Agreement may be in such form and contain such terms as the City Official may approve; (5) Determine whether each Loan Agreement will bear interest that is excludable from gross income under the Internal Revenue Code of 1986, as amended (the "Code"), or is includable in gross income under that Code. If a Loan Agreement bears interest that is excludable from gross income under that Code, the City Official may enter into covenants to maintain the excludability of interest on that fmancing from gross income; Page 1 - Resolution No. __ FF&C Financing Agreement (6) Designate each Loan Agreement as a "qualified tax-exempt obligation" pursuant to Section 265(b )(3) of the Code if applicable; (7) Execute and deliver any other certificates or documents and take any other actions that the City Official determines are desirable to carry out this resolution. Section 2. Security. Each Loan Agreement shall constitute an unconditional obligation of the City, which is payable from all legally available funds of the City. The City Official may pledge the City's full faith and credit and taxing power within the limitations of Sections 11 and 11 b of Article XI of the Oregon Constitution, and any and all of the City's legally available funds, to make the payments due under each Loan Agreement. Section 3. Repeal of Previous Resolutions. The City hereby repeals Resolution Nos. 2008-37 and 2008-40. Section 4. Effective Date. This resolution was duly PASSED and ADOPTED this 21 st, day of April, 2009, and takes lzgb~ Barbara Christensen, City Recorder SIGNED and APPROVED this 21 st day of April, 2009. Page 2 - Resolution No. __ FF&C Financing Agreement