HomeMy WebLinkAboutRES 2015-16 - Board TRUCKEE DONNER
Public Utility District i
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
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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: Directors: Aguera, Bender, Laliotis, Warmerdam and President Ellis
NOES: None
ABSENT: None
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By 41 ,11/-
v
Bob Ellis, President
ATTEST:
Michael D. Holley, District Clerk
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