HomeMy WebLinkAboutAgenda Report - July 21, 1999 I-01CITY OF LODI AGENDA - Lodi Public Improvement Corporation
Date: July 21, 1999
Carnegie Forum
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this Agenda please contact:
Alice M. Reimche
City Clerk
Telephone: (209) 333-6702
MEETING OF THE
_Public Improvement Corporation (PIC)
of the City of Lodi
A. Call to order by President Land
B. Roll call to be recorded by Secretary
Res. No. 99-1 C. City of Lodi Electric System Revenue Certificates of Participation 1999 Series A
and 1999 Series B
D. Adjournment
Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours in advance
of the scheduled meeting at a public place freely accessible to the public 24 hours a day.
AU) %h' Wilmll— )
Alice M. Reimche J
Secretary
Lodi Public Improvement Corporation
JACITYURKWORMSWGNMC.DOC 7112199
AGENDA TITLE: City of Lodi Electric System Revenue Certificates of Participation 1999 Series A and 1999
Series B
MEETING DATE: July 21, 1999
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: That the Lodi Public Improvement Corporation approve the attached
resolution relating to City of Lodi Electric System Revenue Certificates of
Participation (COP's) 1999 Series A and 1999 Series B .
BACKGROUND INFORMATION: As previously discussed with the Council, the above COP's are a major
component of the financial plan for the City of Lodi electric system. Funds
provided will be used to reimburse the City for a portion of past electric
distribution system capital improvements and to provide funds for facility and
distribution, transmission and lighting systems upgrades.
The attached resolution concerns approval, execution and delivery of COP documents listed below:
1. Installment Purchase Contract;
2. Trust Agreement; and
3. Certificate Purchase Agreement.
The above documents are substantially in final form. Upon COP pricing, dollar amounts and dates will be updated and
presented for execution.
FUNDING: Electric Fund
Alan N. Vallow
Electric Utility Director
PREPARED BY: John Stone, Manager, Business Planning and Marketing
ANV/JS/tl
C: City Attorney
Finance Director
APPROVED:
Dixon Flynn -- Citf Manager
RESOLUTION NO. 99-1
A RESOLUTION OF THE LODI PUBLIC IMPROVEMENT CORPORATION
RELATING TO ELECTRIC SYSTEM REVENUE CERTIFICATES OF
PARTICIPATION; APPROVING THE FORMS OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT,
A TRUST AGREEMENT AND A CERTIFICATE PURCHASE CONTRACT IN
CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER MATTERS
RELATED THERETO
WHEREAS, the City of Lodi, a municipal corporation duly organized and existing under
and by virtue of the Constitution and laws of the State of California (the "City"), has determined to
finance and refinance the costs of certain additions, betterments and improvements to the City's
electric system (the "Electric System"), including the acquisition and construction of certain
facilities for the transmission and distribution for the Electric System; and
WHEREAS, in order to implement the foregoing, the City and the Lodi Public
Improvement Corporation, a non-profit, public benefit corporation duly organized and existing
under and by virtue of the laws of the State of California (the "Corporation'), propose to execute
and enter into an Installment Purchase Contract (the "Installment Purchase Contract', whereby the
Corporation will acquire from the City certain existing improvements (the "Substation Facilities'
to the Electric System and whereby the Corporation will sell such Substation Facilities back to the
City and will sell certain additional improvements (the "Projects") to the Electric System to be
constructed as provided in the Installment Purchase Contract; and
WHEREAS, pursuant to the Installment Purchase Contract, the City will be obligated to
make Installment Payments to the Corporation for the purchase of the Substation Facilities and the
Projects; and
WHEREAS, the Corporation proposes to enter into a Trust Agreement (the "Trust
Agreement") providing for the execution and delivery of Electric System Revenue Certificates of
Participation, 1999 Series A Current Interest Certificates and Electric System Revenue Certificates
of Participation, 1999 Series B Capital Appreciation Certificates (collectively, the "Certificates"),
evidencing and representing the proportionate interests of the owners thereof in the Installment
Payments to be made by the City pursuant to the Installment Purchase Contract; and
WHEREAS, all acts, conditions and things required by the laws of the State of California to
exist, to have happened and to have been performed precedent to and in connection with the
consummation of the transactions authorized hereby do exist, have happened and have been
performed in regular and due time, form and manner as required by law, and the Corporation is
now duly authorized and empowered, pursuant to each and every requirement of law, to
consummate such transactions, for the purpose, in the manner and upon the terms herein provided.
DOCSLA 1:299268.4
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS THE
LODI PUBLIC IMPROVEMENT CORPORATION, AS FOLLOWS:
Section 1. The Board of Directors of the Corporation hereby specifically finds and
determines it is desirable and furthers the Corporation's public purpose to assist the City in the
financing and refinancing of the improvements to the Electric System as provided in the Installment
Purchase Contract through the actions authorized hereby and that the statements, findings and
determinations of the Corporation set forth above and in the preambles of the documents approved
herein are true and correct.
Section 2. The Installment Purchase Contract, proposed to be executed and entered into by
and between the City and the Corporation, in the form presented at this meeting and on file with the
Secretary of the Corporation, and the performance by the Corporation of its obligations thereunder,
are hereby approved, and the President and the Treasurer of the Corporation, each acting singly, are
hereby authorized and directed, for and in the name and on behalf of the Corporation, to execute
and deliver to the City the Installment Purchase Contract in substantially said form, with such
changes therein as such officer executing such document may require or approve, such approval to
be conclusively evidenced by the execution and delivery thereof.
Section 3. The Trust Agreement, in the form presented at this meeting and on file with the
Secretary of the Corporation, and the performance of by the Corporation of its obligations
thereunder, are hereby approved, and the President or the Treasurer of the Corporation, each acting
singly, are hereby authorized to appoint a bank or trust company to serve as the Trustee under the
Trust Agreement, provided that such Trustee shall meet the qualifications of a successor Trustee set
forth in the Trust Agreement; and the President or the Treasurer of the Corporation, each acting
singly, are hereby further authorized and directed, for and in the name and on behalf of the
Corporation, to execute and deliver to the Trustee the Trust Agreement in substantially said form,
with such changes therein as the such officer executing such document may require or approve,
such approval to be conclusively evidenced by the execution and delivery thereof,roP vided, that
the aggregate principal amount of the Certificates to be executed and delivered thereunder shall not
exceed $45,000,000, the final principal payment date of the Certificates shall be not later than 35
years from their date of delivery, and the net interest cost of the Certificates shall not exceed eight
percent per annum.
Section 4. The Secretary of the Corporation is hereby authorized and directed to attest the
signatures of the President and the Treasurer of the Corporation, as may be required or appropriate,
in connection with the execution and delivery of the Installment Purchase Contract and the Trust
Agreement.
Section 5. The officers of the Corporation are hereby authorized and directed, jointly and
severally, to do any and all things (including the negotiating and obtaining of a municipal bond
insurance policy or reserve fund surety bond with respect to the Certificates if the City Manager or
Finance Director of the City determine that such insurance policy or surety bond will result in
savings to the City) and to execute and deliver any and all documents which they may deem
necessary or desirable in order to consummate the transactions authorized hereby and to
DOCSLA 1299255.4 2
consummate the sale, execution and delivery of the Certificates and otherwise to carry out, give
effect to and comply with the terms and intent of this Resolution, the Installment Purchase Contract
the Trust Agreement, the Certificate Purchase Contract and the Certificates; and all such actions
heretofore taken by such officers are hereby ratified, confirmed and approved.
Section 6. This Resolution shall take effect immediately upon its passage.
Dated: July 21, 1999
I hereby certify that the foregoing is a full, true and correct copy of Resolution No. 99-1
duly passed and adopted by the Board of Directors of the Lodi Public Improvement Corporation at
a meeting thereof duly held on the 21 st day of July, 1999, by the following vote of the Directors
thereof:
AYES: DIRECTORS — Hitchcock, Mann, Nakanishi and Land (Mayor)
NOES: DIRECTORS — None
ABSENT: DIRECTORS — None
ABSTAIN: DIRECTORS — Pennino
A' -'e2
Alice M. Reimche
Secretary for the Corporation
Approved As to Form:
Randall A. Hays
Attorney for the Corporation
DOCSLA 1:299268.4 }
Ou c-- Tc, 51 �l
is Or\ OH&S Draft
July 12, 1999
C,-F G er k s GoArat
1 F. le s
INSTALLMENT PURCHASE CONTRACT
by and between
CITY OF LODI
and
LODI PUBLIC IMPROVEMENT CORPORATION
Dated as of August 1, 1999
DOCSLA 1:299006.6
Out-
sl 4 4v'-s
INSTALLMENT PURCHASE CONTRACT
by and between
CITY OF LODI
and
LODI PUBLIC IMPROVEMENT CORPORATION
DESCRIPTION OF EXISTING FACILITIES
Exhibit 1
The Existing Facilities include various projects to increase system capacity and to
improve reliability, varying from overhead circuit reconductoring, new circuits (in conjunction
with industrial substation expansions) to switching equipment replacement and circuit
reconfiguration for increased functionality, all as listed in the follow pages of this Exhibit 1.
DOCKA 1299006.6