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HomeMy WebLinkAbout99-077RESOLUTION ACCEPTING OFFER OF USDA/RURAL DEVELOPMENT (FORMERLY FARMERS HOME ADMINISTRATION} FOR PURCHASE OF A SINCILE TERM BOND TO BE ISSUED BY THE COUNTY OF Bi1TTE DRESCHER "TRAC"I' ASSESSMENT DISTRIC"I' The Beard Supervisors of the County of Butte resolves: I. "I'he offer of USDA/Rural Development (formerly Farmers Home. Administration) to purchase the single term improvement bond to be issued in the Drescher "Tract Assessment District in the amount of $326,398.55 by the County of Butte. as more fully specified in the written offer of USDAIRural Development, together with Exhibits attached thereto, attached hereto, is hereby accepted, and this Board hereby awards the sale of said Bond to USDA/Rural Development. 2. The County Treasurer is hereby authorized and directed to cause the preparation of a single, fully-registered improvement bond representing unpaid assessments of Drescher Tract Assessment District, County of Butte, California, in a manner timely for delivery to USDA/Rural Development on ar about June 30, 1999. PASSED AND ADOP`I"ED by the Board of Supervisors of the County of Butte, State of California, on the 25th day of May, 1999, by the following vote: AYES: Supervisors }3eeler, lioux, Josiassen, Davis and Chair Dolan NOES: None ABSENT": None NOT VOTING: None AT'I ES'1": JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors ~ _.~ -~ ~.:_ ~3y~%ll~ ,' ~ ~'z ;~ 7 f EXHIBIT A OFFER TO PURCHASE FROM USDA/RURAL DEVELOPNIEN"I UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT RURAL HOUSING SERVICE OFFER Subject to the Improvement Bond, Series No.1999-I, Specifications attached hereto as Exhibit A, the General Conditions attached hereto as Exhibit B, the Special Conditions attached hereto as Exhibit C, and the adoption of Form FmHA 1942-47, "Loan Resolution," the United States of America, hereinafter referred to as "the Government", hereby offers to make a loan in the sum of S32b,39b.5S to the County of 33utte, California (hereinafter ca}led "County") in order to aid in the reconstruction of an existing unimproved road to County standards. (Drescher Tract Road Improvement Project). The loan herein provided for shall be made by purchase at par value of an Improvement Bond, Series No.1999-1, in the amount of $326,39.55 and bearing interest at the rate of 4.75 per annum. In the event any other bidder offers to purchase any of the issue at a net interest rate of not more than 4.75°/a per annum, that portion of the issue will not be purchased by the Government, and it wil} purchase the balance of said issue. In such event, it is understood that the obligations of the County set forth in the Loan fgreement would apply as fully and to the same extent as if the entire issue were sold to the Government. In the event that no bid is received from any bidders within the terms herein specified, the entire issue will be purchased by the Government, subject to the conditions aforesaid. Upon acceptance, this offer, together with all of the 1/xhibits attached hereto and Form FmHA 1942-47, "Loan Resolution," shall become the Loan Agreement. This offer must be accepted within 60 days from the date hereof. Dated this 2nd day of ,Tune, 1999 UNITED STATES OF AMERICA ,` - ESTEI3AN ALMANZA, Acting State Director of the USDA Rural Development, acting on behalf of the Rural Housing Service for the State of California F:XHIBI'I' A United States of America State of California County of Butte REGISTERED REGISTERID Number R-1 X326,398.55 IMPROVEMENT BOND COUNTY OF BU1"TE DRESCHER TRACT ASSESSMENT DISTRICT SERIES NO. 1999-1 IN"I"EIZEST RATE MATURITY DATE BOND DATE % September 2, 2037 1999 REGISTERED O~~'Iv'ER: UNITED STATES OI' AMERICA PRINCIPAI. SUhL• TI-TREE HUNDRED TWENTY-SIX THOUSAND THREE HUNDI~I?D NINETY-TIGHT AND 55/100 DOI.I.ARS Under and by virtue of the Improvement Bond Act of 1915, Diti~ision 10 {commencing with Section 8500), of the Streets and Highways Code {the "Act"), the County of Butte, State of California (the "County"), will, out of the redemption fund for the payment of the Bond issued upon the unpaid assessments made for the acquisition, work and improvements more fully described in proceedings taken pursuant to Resolution of Intention No. 97-88, adopted by the Board of Super~~sors of the County on the 8th day of July, 1997, pay to the registered owner stated above or registered assigns, on the maturity date stated above, the principal sum stated above, in lativful money of the United States of America and in like manner will pay interest from the interest payment date neart preceding the date on which this Bond is authenticated, unless this Bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless this Bond is authenticated and rcgistcrcd prior to March 2, 2000, in which event it shall bear interest from its date, until payment of such principal sum shall have been discharged, at the rate per annum stated above, payable semiannually on I`Iarch 2 and Scpternber 2 in each year commencing on I~Iarch 2, 2000. Said interest share is computed by: {a) multiplying the amount of the unpaid principal of the Bond by the Bond interest rate { °6) and di~~iding the product by 365 days; and (b) multiplying the daily accrual factor determined in (a) by the number of days from the last interest payment date to the nextrntcrest payment date. 7 This Bond is subject to mandatory advance redemption without premium, on September 2 in accordance with the following schedule and in the following amounts: Amount to be Amount to be Year Redeemed Year Redeemed 2000 ~ 1,398.55 201.9 .$ 8,000.00 2001 5,000.00 2020 10,000.00 2002 5,000.00 2021 10,000.00 2003 5,000.00 2022 10,000.00 2004 5,000.00 2023 10,000.00 2005 5,000.00 2024 10,000.00 2006 5,000.00 2025 10,000.00 2007 5,000.00 2026 10,000.00 2008 S,oao.oo 2027 lo,oao.oo 2009 5,000.00 2028 10,000.00 2010 5,000.00 2029 10,000.00 2011 8,000.00 2030 10,000.00 2012 8,000.00 2031 10,000.00 2013 8,000.00 2032 10,000.00 2014 8,000.00 2033 13>000.00 2015 8,000.00 2034 15,000.00 2016 8,000.00 2035 15,000.00 2017 8,000.00 2036 15,oao.0o 2018 8,000.00 2037 15,000.00 (mat.) The interest and sinking fund redemptions hereon are payable by check or draft mailed to the registered owner hereof at the owner's address as it appears on the registration books of the County Treasurer of the County (the "County 'T'reasurer"), or at such address as may have been filed with the County Treasurer for that purpose, as of the fifteenth day of the month immediately preceding each interest payment date. I1zis Bond will continue to bear interest after maturity at the rate above stated, provided, it is presented at maturity and payment thereof is refused upon the sole ground that there arc not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity. This Bond shall not be entitled to any benefit under the Act or the Resolution Authorizing Issuance of A Single Tcrm Bond (the "Resolution of Issuance"), or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the County Treasurer. 8 EXHIBIT B COUNTY OF BUTTE DRESCHER TRACT ASSESSMENT DISTRICT IlVIPROVEMENT BOND, SERIES 1999-1 Section 1. Definitions. As used in these General Conditions: "Government" means the United States of America. "County" means the entity designated in the Loan Agreement. "Doan Agreement" means the contract between the Government and the County created upon acceptance of this offer by the County and including these General Conditions, the Special Conditions and Improvement Bond, Series No. ] 999-1 Specifications attached hereto, and Form FmI-IA 1942-47, "Loan Resolution". "Enterprise" means the Public VJarks or Facilities covered by the Loan Agreement. "Letter of Conditions" means the letter to the County of Butte dated September 2, 1998 (including any revisions, amendments or supplements thereto) which specifies conditions upon which the Government will make financial assistance available to the County. "Issue" means the obligation or obligations which the Government has agreed to purchase under the Loan Agreement. Section 2. Prerequisites to Government's ObG~ations. rI'he Government shall be under no obligation to purchase any Bonds under the Loan Agreement if (a) Representations. Any representation made by the County to the Government in connection with the application or loan shall be incorrect or incomplete in any material respect, or the Government determines that the County has failed to promptly proceed with Enterprise financing or construction; Offer -Exhibit B Page 2 County of Butte Drescher Tract Road Improvement Project (b} Financial Condition. The financial condition of the County shall have changed unfavorably in a material. degree from its condition as heretofore represented to the Government; (c) Contributions and Users. The County shall not have provided evidence satisfactory to the Government that the requirements of the Letter of Conditions relating to contributions by the County and certifications of number of users have been met; or (d) Concurrence by Government. The County, having submitted to the Government such data, reports, records, and documents relating to the financing, construction, and operation of the Enterprise and financial condition of the County as the Government may require, shall have proceeded without having been advised by the Government that the same are satisfactory, it being the purpose of this provision to insure that no action will be taken in the development of the Enterprise which would result in legal or contractual violation rendering it impossible for the Government to make the loan hereunder or f'or the parties to accomplish the objects of the Loan Agreement. Section 3. Purchase of Improvement Bond, Series No. 1999-1 The County shall initiate and prosecute to completion all proceedings necessary to the authorization, issuance, and sale of the Improvement Bond, Series No. 1999-1, and to the security thereof. When the said proceedings have been completed to the point of but not including the delivery of the Improvement Bond, Series No. 1999-I, to the Government, the County may request the Government to purchase the Improvement Bond, Series No. 1999-I. The request shall be supported by such data as the Government requires to determine if it is obligated under the provisions of the Loan Agreement to honor such request. Offer -Exhibit B Page 3 County of Butte Drescher Tract Road Improvement Project If the Government is so obligated, it will purchase the Improvement Bond, Series No. 1999-1, covered by such request, within the limitations, however, specified in the Loan Agreement. Section 4. Le~ai Matters. The County shall furnish the Government with a transcript of proceedings for the authorization, issuance, sale, and security of the Improvement Bond, Series No. 1999-1, evidencing that the Improvement Bond, Series No. 1999-1, when delivered and paid for, will constitute binding and legal obligations, payable and secured in accordance with their tenor, and that all procecdin~;s far the financing and the acquisition, constnlction, and development of the I_.nterprise preliminary to the delivery of the Improvement Bond, Scr-ies No. 1999-1, to the Government have been had and adopted in due time, form, and manner, as required by la~~~ Section 5. Security. 7'he County shall include in the proceedings for the authorization, issuance, sale, and security of the Improvement Bond, Series No. 1999-1, provisions for the payment of the principal of and the interest on the Improvement Bond, Series No. 1999-1, and for the security thereof of the nature required to assure such payment and to safeguard the loan hereunder, ineluding, with respect to t}~e Improvement Bond, Series No. 1999-1, which is payable in whole or in part from any special sources of revenues, provisions designed to assure the production of such revenues and the application thereof to the extent required for payment and security of the Improvement Bond, Series No. 1999-1, and interest thereon, including the maintenance of reasonable reserves. Offer -Exhibit B Page 4 County of Butte Drescher Tract Road Improvement Project Section 6. Opinion of Bond Counsel. With the delivery of the Improvement Bond, Series No. 1999-1, to the Government, the County shall furnish to the Government the approving opinion letter of bond caunsel, who shall be satisfactory to the Gavernment, covering, specifically and unqualifiedly, the Improvement Bond, Series Na.1999-1, then being delivered to the Government. Said letter shall. also contain the opinion of bond counsel that the interest on said Improvement Bond, Series No.1999-1, is exempt from all Federal income taxes and personal income taxes under existing statutes, regulations, and court decisions of the state wherein the Enterprise is iacated. Section 7. 1'-•ci-equisites to Loran llisbursements. Prior to the Government disbursing any horlion ol`the lawn proceeds, the Count}~ shall present satisfactory evidence that it has: (a) Obtained, or can obtain, all Land, rights-ol=way, easements, permits, franchises, and federal, State, County, and Municipal approvals required in connection with the construction and operation of the 1nterprise, including approval of the final plans and specifications by the appropriate state authorities; (b) Adopted Improvement Bond, Series No. 1999-1, Ordinances or Resolutions satisfactory in form and substance to the Government; (c) Adopted Improvement Bond, Series No. 1999-1, Ordinances or Resolutions satisfactory in form and substance to the Government, establishing rates, charges, Hiles and regulations relating to the services to be rendered by the Enterprise, including provision for no free service; and {d) Complied with all other conditions which, by terms of the Letter of Conditions, must be carried out before any loan proceeds maybe disbursed. Offer -Exhibit B Page S County of Butte Drescher Tract Road Improvement Project Section 8. Approvals and Permits. The County shall obtain all approvals and permits required by law as a condition precedent to the acquisition, construction, development, and operation of the Enterprise. Section 9. Liens and Encumbrances. The County represents that there are no liens or encumbrances of any nature whatsoever on or against the Enterprise. Section 10. Committee's Existence. `The County will maintain its legal identity and existence so long as any indebtedness evidenced by the Improvement Bond, Series No. 1999- I , as herein 17rovided for remains outstanding. Section ll. Competent Management. "fhe County shall employ experienced and competent mana~~cment personnel for the Enterprise. Section 12. Performance and Pa ~ment Bonds, In ardor to insure the completion of the Enterprise and to protect the Government, the County will require any contractor to wham is given any contract for construction appertaining to the Enterprise, to furnish to the County a performance bond and a payment band in the full amount of the contract, which bonds must be satisfactory to the County and the Government. Section 13. Insurance and I3ondin~. The County shall procure and keep in force as long as any of obligation of the Improvement Bond, Series No. 1999-1, is outstanding: ~a) workman's compensation insurance on all of its employees as soon as such employees are hired, (b} property damage liability and public liability insurance in the amounts specified by the Letter of Conditions, and Offer -Exhibit B Page 6 County of Butte Drescher Tract Road Improvement Project (c) position bonds} on each position, the holder of which will collect, disburse, or have charge of funds of the County in the amounts} specified in the Letter of Conditions. Section 14. Waiver of Published Notice of Redemption. So long as the Government shall be the holder of the Improvement Bond, Series No. 1999-1, it agrees to waive the requirements for a published notice of redemption of the whole or part of the principal of said Improvement Bond, Series no. X999-1. Section 15, Payments on the Irnpravement Bond, Series No. 191)9-I. Except where it is expressly provided that the surrender ofa Improvement Bond, Series 1~io. 1999-1, is required before a particular payment will be made, the County will make all payments of principal and interest on the Improvement Bond, Series 1999-], to the order of the f~iovernment and mail same to USDA, Rural Development, Attention: Kura] Development Manager, 463-L Oro Darn Boulevard, Oroville, CA 95965-5791, whether the Government is the registered owner of the improvemeni Bond, Series No. 1999-1, or the collection agent for the registered owner ofthe liiiprovement Bond, Series No. 1999-1, to whom the Government has insured repayment thereon. Section lE. Interest of Members of or llele~ates to Congress. No member of, or Delegate to Congress or Resident Commissioner of the United States of America shall be admitted to any share or part of this Loan Agreement or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this Loan Agreement if made with a corporation for its general benefit. Offer -Exhibit B Page 7 County of Butte Drescher Tract Road Improvement Project Section 17. Retention of Title. The County shall retain possession of the Enterprise so long as the Improvement Bond, Series No. 1999-1, is outstanding. Section 18. Registration Charges. Any charges imposed for the initial registration of the Improvement Bond shall be borne by the County. EXHIBIT C COUNTY OF BUTTE DRESCHER TRACT ASSESSMENT DISTRICT IMPROVEMENT BOND, SERIES 1999-1 (1) I_mprovement/Construction Fund. Payments to the contractors fram the ImprovementlConstruction Pund shall be made only in accordance with the payment authorization. procedures of the Rural Housing Service. {2) Application of Payments. Payments made on the indebtedness evidenced by the Improvement Bond, Series No. 1999-1, shall be applied to the interest due through the next installment due date and the balance to principal in accordance with the terms of the Improvement Bond, Series No. 1999-1. Payments on delinquent accounts will be applied in the following sequence. (1) billed delinquent interest, (2) past due interest installments, (3) past due principal installments, (q) interest installmeni c';~ie, and (5) principal installment due. L;xtra payments and payments made ii~om security-depleting sources shall be applied to the principal last to come due or as otherwise specified in the Improvement Bond, Series No. 1999-1.