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RESOLUTION NO. 7 4 4 4
A RESOLUTION OF THE CITY COUNCIL OF PUEBLO, A
MUNICIPAL CORPORATION APPROVING THE ISSUANCE BY
THE URBAN RENEWAL AUTHORITY OF PUEBLO,
COLORADO OF THE AUTHORITY'S REVENUE REFUNDING
BONDS (PHASE ONE URBAN RENEWAL PROJECT) SERIES
1994A AND THE AUTHORITY'S SUBORDINATE REVENUE
REFUNDING BONDS (PHASE ONE URBAN RENEWAL
PROJECT) SERIES 199413; APPROVING AN INDENTURE OF
TRUST AND BOND PURCHASE AGREEMENT IN
CONNECTION WITH THE ISSUANCE OF THOSE BONDS;
APPROVING CERTAIN ACTIONS OF THE AUTHORITY
HERETOFORE TAKEN AND TO BE TAKEN HEREAFTER
WITH RESPECT TO THE ISSUANCE OF THE BONDS.
WHEREAS, The Urban Renewal Authority of Pueblo, Colorado (the "Authority ") issued
$9,950,000 in aggregate principal amount of its Tax Increment Revenue Bonds (Phase One Urban
Renewal Project) Series 1986A (the "Series 1986A Bonds "), under and pursuant to an Indenture of
Trust, originally dated as of August 15, 1986, as amended pursuant to a First Supplemental
Indenture dated as of July 15, 1988, a First Amended and Restated Indenture of Trust dated as of
August 15, 1989 and a First Supplemental Indenture of Trust dated as of August 15, 1991
(collectively, the "Original Indenture ") by and between the Authority and The Central Bank and
Trust Company, d/b /a Central Bank Denver, National Association, as trustee (the "Trustee "), in order
to finance certain public improvements in connection with the Phase One Urban Renewal Project
(the "Project ") (as defined in the Original Indenture); and
WHEREAS, the Authority, by and through its Board of Commissioners (the "Board ") has
determined, after an affirmative vote of the electorate enabled the pledge of additional security by
the City Council of the City of Pueblo, Colorado (the "City ") for the payment of the Authority's
bonds, that it is in the best interest of the Authority and its constituents, including the residents of
the City, to issue $7,275,000 aggregate principal amount of its Revenue Refunding Bonds (Phase
One Urban Renewal Project) Series 1994A (the "1994A Bonds ") and $2,225,000 aggregate principal
amount of its Subordinate Revenue Refunding Bonds (Phase One Urban Renewal Project) Series
1994B (the "1994B Bonds ") (collectively, the "Bonds ") for the purpose of refunding a portion of the
Series 1986A Bonds; and
WHEREAS, there have been presented to the City Council at this meeting a proposed form
of the Indenture of Trust, dated as of August 15, 1994 (the "Indenture ") by and between the
Authority and The Bank of Cherry Creek, N.A., as trustee (the "Trustee "), a Bond Purchase
Agreement dated August , 1994 (the "Bond Purchase Agreement ") and other documents
necessary to the issuance, sale and delivery of the Bonds. NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
All actions not inconsistent with the provisions of this Resolution heretofore taken by any
of the officials of the Authority and the efforts of the officials of the Authority directed toward the
issuance, sale and delivery of the Bonds are hereby approved.
SECTION 2.
The form, terms and provisions of the Indenture are hereby approved, and approval is
granted to the Authority to enter into the Indenture substantially in the form of the Indenture as
presented to the City Council at this meeting, but with such changes therein as shall be consistent
with this Resolution and as the Chairman of the Board and the Authority's counsel shall approve,
the execution thereof being deemed conclusive of the approval of any such changes.
SECTION 3.
The form, terms and provisions of the Bond Purchase Agreement are hereby approved, and
the approval is granted to Authority to enter into the Bond Purchase Agreement substantially in the
form of the Bond Purchase Agreement as presented to the City Council at this meeting, but with such
changes therein as shall be consistent with this Resolution and as the Chairman of the Board and the
Authority's counsel shall approve, the execution thereof being deemed conclusive of the approval
of any such changes. The sale of the bonds by the Authority to Lewis, de Rozario & Co.,
Incorporated at the respective purchase prices set forth in the Bond Purchase Agreement, in the
manner and at the time set forth in the Bond Purchase Agreement is hereby approved.
SECTION 4.
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The issuance and sale of the Bonds, bearing interest at the rates set forth in the Indenture, and
the form, terms and provisions of the Bonds, in substantially the form set forth in the Indenture, are
hereby approved, with such changes therein as shall be consistent with the Indenture and this
Resolution and which the officers of the Authority executing the Bonds shall approve, their
execution thereof being deemed conclusive of their approval of any such changes.
SECTION 5.
Approval is hereby granted to the Authority to finance the cost of refunding a portion of the
Series 1986A Bonds from the proceeds of the Bonds, and to finance the cost of the Project from the
proceeds of the Series 1986A Bonds, which shall be released from escrow upon the refunding, all
in accordance with the provisions of the Indenture.
SECTION 6.
The City, including any entities acting on behalf of or subordinate to the City, does not
anticipate issuing more than $10,000,000 of tax- exempt obligations during calendar year 1994,
which is the calendar year in which the Bonds are issued. The Bonds are "governmental purpose
bonds" which will not be treated as private activity bonds pursuant to Section 265(b)(3)(B)(i)II).
Accordingly, the City Council hereby designates the Bonds as "qualified tax- exempt obligations"
pursuant to Section 265(b)(3)(B)(i) of the Code.
SECTION 7.
Approval is hereby given to the officers of the Authority to take all action necessary or
reasonably required or desirable to finance the cost of the refunding from the proceeds of the Bonds
and for carrying out the transactions contemplated by this Resolution and the Indenture, and to
execute and deliver any closing and other documents required in connection with the sale and
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delivery of the Bonds.
SECTION 8.
If any section, paragraph, clause or provision of this Resolution shall for any reason be held
to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause
or provision shall not affect any of the remaining provisions of this Resolution.
SECTION 9.
All bylaws, orders and resolutions, or parts thereof inconsistent herewith or with the
documents hereby approved are hereby repealed to the extent only of such inconsistency. This
repealer shall not be construed as reviving any bylaw, order, resolution or ordinance, or part thereof.
INTRODUCED August 8, 1994
dty Clerk
B cHAgLps joNgs
Councilperson
APP OVED:
reside Kt of the City Council
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