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HomeMy WebLinkAbout11 COP Refinancing DocumentsCONSENT To: Board of Directors From: Tricia Phillips Date. August 19, 2015 Subject: Adopt Resolution 2015-16 For Signatory Authority For The COP Refinancing Documents 2. HISTORY The financing of the District's 2015 Bonds to refinance the 2006 COPS closed sucessfully on August 5, 2015. The annual average savings are $109,000, with $2.3 million total savings over the term of the bonds. 3. NEW INFORMATION The District elected to release the money in the Reserve Fund for the 2006 COPS in order to use it towards the refunding of a portion of the 2006 COPS. A portion of the 2006 COPS will remain outstanding after the refunding, the District is still required to maintain in the Reserve Fund an amount equal to the "Reserve Requirement". In order to realize lower debt service costs on the 2015 Bonds, a surety bond will be purchased in lieu of a Reserve Fund, 4. FISCAL IMPACT There is no additional fiscal impact of the surety policy for the 2015 refunding. 5. RECOMMENDATION Adopt Resolution 2015-16 ratifying the execution of the first supplemental indenture and first supplemental installment purchase agreement for the refunding revenue certificates of particiapation series 2006. Tricia Phillips Interim Accounting and Finance Manager Michael D. Holley General Manager Attachment 1 Resolution No. 2015 = 16 RESOLUTION OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT RATIFYING THE EXECUTION OF THE FIRST SUPPLEMENTAL INDENTURE AND FIRST SUPPLEMENTAL INSTALLMENT PURCHASE AGREEMENT FOR THE REFUNDING REVENUE CERTIFICATES OF PARTICIPATION (WATER SYSTEM IMPROVEMENT PROJECTS) SERIES 2006 AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWTIH WHEREAS, the Truckee Donner Public Utilities District (the "District"), a public utility district duly organized and existing under and pursuant to the Constitution and laws of the State of California the "State") has previously executed and delivered the District's Refunding Revenue Certificates of Participation (Water System Improvement Projects) Series 2006 (the "Certificates") pursuant to an Indenture of Trust by and among The Bank of New York Mellon Trust Company, N.A. (the "Trustee"), as trustee, and Truckee Donner Public Utility District Financing Corporation (the "Financing Corporation"), as Corporation, and the District, dated as of September 1, 2006 (the "Original Indenture"); and WHEREAS, in connection with the execution and delivery of the Certificates, the District entered into the Installment Purchase Agreement by and among the District and the Financing Corporation, dated as of September 1, 2006 (the "Original Installment Purchase Agreement"); and WHEREAS, on August 5, 2015, the District issued its Water System Refunding Revenue Bonds, Series 2015 (the " 2015 Bonds") in an aggregate principal amount of $14,580,000 to provide funds to advance refund a portion of the outstanding Certificates; and WHEREAS, in connection with the execution and delivery of the Certificates, the Original Indenture required the District to establish a Reserve Fund and to fund it with sufficient funds to meet the Reserve Requirement, as such terms are defined in the Original Indenture; and WHEREAS, the District initially funded the Reserve Fund with cash, but is permitted under the Original Indenture to substitute a surety bond for the moneys on deposit in the Reserve Fund in order to meet the Reserve Requirement; and WHEREAS, in order to realize lower debt service costs on the 2015 Bonds, on August 5, 2015, the District utilized a portion of the moneys on deposit in the Reserve Fund to purchase a surety bond the "Reserve Policy") to deposit in the Reserve Fund in order to satisfy the Reserve Requirement, and used the remainder of the moneys in the Reserve Fund towards the advance refunding of a portion of the Certificates; and WHEREAS, in order to purchase the Reserve Policy, Build America Mutual Assurance Company (the "Reserve Insurer") required the District to agree to certain terms; and 1 WHEREAS, the agreement with such terms necessitated the amendment of the Original Indenture and the Original Installment Purchase Agreement; and WHEREAS, the District caused the execution of the First Supplemental Trust Agreement and the First Supplemental Installment Purchase Agreement (together, the "First Supplements"); and WHEREAS, the Board now desires to ratify the execution of the First Supplements, the form of which are on file with the Clerk or the Secretary of this Board; and NOW, THEREFORE, the Board of Directors of the Truckee Donner Public Utility District does hereby resolve as follows: SECTION 1. Each of the above recitals is true and correct and is adopted by the Board, acting in its capacity as the legislative body of the District. SECTION 2. The execution of the First Supplements on file with the Clerk or Secretary of this Board is hereby ratified and confirmed. SECTION 3. The President, General Manager, and Treasurer, or the designee and any other proper officer of the District, acting singly, is hereby authorized and directed to take any all actions necessary or proper for carrying out the transactions contemplated by the First Supplements. SECTION 4. Unless otherwise defined herein, all terms used herein and not otherwise defined shall have the meanings given such terms in the Original Indenture, the Original Installment Purchase Agreement, or the First Supplements, as applicable, unless the context otherwise clearly requires. SECTION 5. This resolution shall take effect immediately. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on August 19, 2015 by the following roll call vote: AYES: NOES: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Bob Ellis, President ATTEST: Michael D. Holley, District Clerk