HomeMy WebLinkAbout03 - Repayment Provisions for Lease/Purchase FinancingAgenda Item No. 3
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES DEPARTMENT
September 28, 1998
TO: Honorable Mayor and City Council
FROM: Dennis Danner, Interim City Manager
SUBJECT: REPAYMENT PROVISIONS FOR LEASE /PURCHASE FINANCING
Discussion
Staff is analyzing options to finance the remaining portions of the 800 MHz Radio
System, Digital Radio Conversion Equipment and Document Imaging System. Our
third annual cash payment for the 800 MHz System of just over one million dollars was
made on July 30, 1998. If we pursue lease /purchase financing for these systems instead
of cash payment, a resolution to allow repayment of the expenditures must be
approved within 60 days of the payment date. At our request, Kurt Yeager, of
Stradling, Yocca, Carlson & Rauth, prepared the attached resolution. The resolution
includes specific language provisions that will enable us to exercise this repayment
option up to one year after service placement or 3 years after payment of the invoice.
If in the event we elect to continue making cash payments for the aforementioned
projects instead of pursuing lease /purchase financing options, a budget amendment
will be required to amend the Council - approved FY 1998 -99 final budget.
Recommendation
Approve the attached resolution with repayment provisions in the event of
lease /purchase financing for the 800 MHz, Digital Radio Conversion Equipment and
Document Imaging Systems.
Attachments
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH REGARDING ITS INTENTION TO ISSUE
TAX- EXEMPT OBLIGATIONS
WHEREAS, the City Council of the City of Newport Beach (the 'Issuer") desires to
finance the costs of a document imaging system, certain digital radio equipment, and
components of the 800 MHz communication system all as more fully described in Exhibit A
attached hereto and incorporated herein (the "Project);
WHEREAS, the Issuer intends to finance the acquisition of the Project or portions of the
Project with the proceeds of the sale of obligations the interest upon which is excluded from
gross income for federal income tax purposes (the "Obligations'); and
WHEREAS, prior to the issuance of the Obligations the Issuer desires to incur certain
expenditures with respect to the Project from available monies of the Issuer which expenditures
are desired to be reimbursed by the Issuer from a portion of the proceeds of the sale of the
Obligations;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport
Beach does hereby resolve, order, and determine as follows:
Section 1. The Issuer hereby states its intention and reasonably expects to reimburse
Project costs incurred prior to the issuance of the Obligations with proceeds of the Obligations.
Exhibit A describes either the general character, type, purpose, and function of the Project, or
the fund or account from which Project costs are to be paid and the general functional purpose
of the fund or account.
Section 2. The reasonably expected maximum principal amount of the Obligations is
$3,000,000.
Section 3. This resolution is being adopted on or prior to the date (the "Expenditures
Date or Dates ") that the Issuer will expend monies for the portion of the Project costs to be
reimbursed from proceeds of the Obligations.
Section 4. Except as described below, the expected date of issue of the Obligations will
be within eighteen months of the later of the Expenditure Date or Dates and the date the
Project is placed in service; provided, the reimbursement may not be made more than three
years after the original expenditure is paid. For Obligations subject to the small issuer exception
of Section 148(f)(4)(D) of the Internal Revenue Code, the "eighteen -month limit" of the previous
sentence is changed to 'three years' and the limitation of the previous sentence beginning with
"; provided, ...... is not applicable.
Section 5. Proceeds of the Obligations to be used to reimburse for Project costs are
not expected to be used, within one year of reimbursement, directly or indirectly to pay debt
service with respect to any obligation (other than to pay current debt service coming due within
the next succeeding one year period on any tax - exempt obligation of the Issuer (other than the
Obligations)) or to be held as a reasonably required reserve or replacement fund with respect to
an obligation of the Issuer or any entity related in any manner to the Issuer, or to reimburse any
expenditure that was originally paid with the proceeds of any obligation, or to replace funds that
are or will be used in such manner.
Section 6. This resolution is consistent with the budgetary and financial circumstances
of the Issuer, as of the date hereof. No monies from sources other than the Obligation issue
are, or are reasonably expected to be reserved, allocated on a long -term basis, or otherwise set
aside by the Issuer (or any related party) pursuant to their budget or financial policies with
respect to the Project costs. To the best of our knowledge, this City Council is not aware of the
previous adoption of official intents by the Issuer that have been made as a matter of course for
the purpose of reimbursing expenditures and for which tax - exempt obligations have been
issued.
Section 7. The limitations described in Section 3 and Section 4 do not apply to (a)
costs of issuance of the Obligations, (b) an amount not in excess of the lesser $100,000 or five
percent (5 %) of the proceeds of the Obligations, or (c) any preliminary expenditures, such as
architectural, engineering, surveying, soil testing, and similar costs other than land acquisition,
site preparation, and similar costs incident to commencement of construction, not in excess of
twenty percent (20 %) of the aggregate issue price of the Obligations that finances the Project
for which the preliminary expenditures were incurred.
Section 8. This Resolution is adopted as official action of the Issuer in order to comply
with Treasury Regulation § 1.150 -2 and any other regulations of the Internal Revenue Service
relating to the qualification for reimbursement of Issuer expenditures incurred prior to the date
of issue of the Obligations, is part of the Issuer's official proceedings, and will be available for
inspection by the general public at the main administrative office of the Issuer.
Section 9. All the recitals in this Resolution are true and correct and this City Council so
finds, determine$ and represents.
ADOPTED this day of , 1998.
Mayor, City of Newport Beach
ATTEST:
City Clerk, City of Newport Beach
EXHIBIT A
DESCRIPTION OF PROJECT
The 800 MHz Radio system is a communications system which replaces the existing Public
Works Radio system. The 800 MHz Radio system provides dispatch and mobile equipment.
The system provides connectivity with other participating public safety agencies and
municipalities operating in Orange County, California. An additional portion of the required
funding is for the Fire and Marine Department emergency digital radio units required prior to
online use of the 800 MHz Radio system. The Document Imaging portion of this lease purchase
funding provides hardware, software, equipment, and connectivity for scanning stations located
in various City departments.