HomeMy WebLinkAboutReso 90-26 Authorizing the Issuance of Special Tax Bonds on behalf of the Communi
Reso. No. 90-26, Item 8.1, Adopted 10/06/2026 Page of
the City Council (the “Council”) of the City of Dublin (the “City”) has conducted
proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended,
Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government
Code (the “Act”), to form its Community Facilities District No. 2023-1 (East Ranch) (the “District”), to
authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said
special taxes for the purpose of providing moneys for the construction and acquisition of authorized
improvements for the District; and
the Council, as legislative body of the District, authorized the issuance of special tax
bonds of the City for the District in the maximum principal amount of not to exceed $67,000,000, and the
City now desires to issue the first series of the bonds (the “Bonds”); and
, there has been submitted to the Council a Fiscal Agent Agreement (the “Fiscal Agent
Agreement”) between the City and U.S. Bank Trust Company, National Association, as fiscal agent,
providing for the issuance of the Bonds of the City for the District, and the Council, with the aid of City staff,
has reviewed the Fiscal Agent Agreement and found it to be in proper order, and now desires to approve
the Fiscal Agent Agreement and the issuance of the Bonds; and
, the City proposes to sell the Bonds to Piper Sandler & Co., as underwriter (the
“Underwriter”), pursuant to the terms of a Bond Purchase Agreement by and between the City and the
Underwriter, and the Underwriter proposes to offer the Bonds to the investing public by means of a
Preliminary Official Statement, and the Council, with the aid of City staff, has reviewed the Bond Purchase
Agreement and the Preliminary Official Statement and found them to be in proper order, and now desires
to approve said documents; and
, the information required to be obtained and disclosed with respect to the Bonds by the
Council in accordance with Section 5852.1 of the California Government Code is set forth in the staff
report accompanying this Resolution; and
, all conditions, things and acts required to exist, to have happened and to have been
performed precedent to and in the issuance of the Bonds as contemplated by this Resolution and the
documents referred to herein exist, have happened and have been performed in due time, form and
manner as required by the laws of the State of California, including the Act.
the City Council of the City of Dublin hereby finds,
determines and resolves as follows:
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Reso. No. 90-26, Item 8.1, Adopted 10/06/2026 Page of
1. This Council finds and determines that it is prudent in the management and
development of land in the City and the District to issue the Bonds for the purpose of providing moneys for
the construction and acquisition of authorized improvements for the District.
2. For the purposes of these proceedings in and for the District, the Act shall be
the authority for the issuance of the Bonds.
3. Pursuant to the Act, this Resolution and the Fiscal Agent Agreement, special
tax bonds of the City for the District designated as “City of Dublin Community Facilities District No. 2023-
1 (East Ranch) Special Tax Bonds Series 2026” in an aggregate principal amount not to exceed $45,000,000
are hereby authorized to be issued. The Bonds shall be executed in the form set forth in and otherwise as
provided in the Fiscal Agent Agreement.
The Bonds shall not be issued unless the value of the real property within the District subject to the
special tax to pay debt service on the Bonds, based on assessed values and/or an appraisal by an
independent appraiser hired by the City for the purpose of determining such value, is at least three (3)
times the principal amount of the Bonds proposed to be issued and secured by a special tax levied
pursuant to the Act on property within the District, plus the portion of all other bonds outstanding that are
secured by a special tax levied under the Act on property within the District or a special assessment levied
on property within the District.
4. The Council hereby approves the Fiscal Agent Agreement in the form
presented to the Council at this meeting. The City Manager, Assistant City Manager, Finance Director or
such other person or persons as any of them may designate (collectively, the “Authorized Officers”), each
acting alone or together with any other Authorized Officer, are each hereby authorized and directed to
execute the Fiscal Agent Agreement, for and in the name and on behalf of the City, in such form, together
with any additions thereto or changes therein deemed necessary or advisable by the Authorized Officer
executing such document upon consultation with Jones Hall LLP, as bond counsel to the City (“Bond
Counsel”). The proceeds of the Bonds shall be applied by the City for the purposes and in the amounts as
set forth in the Fiscal Agent Agreement. The Council hereby authorizes the delivery and performance by
the City of the Fiscal Agent Agreement.
5. The City hereby covenants, for the benefit of the owners of the Bonds,
to commence and diligently pursue to completion any foreclosure action regarding delinquent
installments of any amount levied as a special tax for the payment of interest or principal of the Bonds,
said foreclosure action to be commenced and pursued as more completely set forth in the Fiscal Agent
Agreement.
6. . The Council hereby
approves the Preliminary Official Statement with respect to the Bonds, in substantially the form on file with
the City Clerk. Distribution of the Preliminary Official Statement by the City and the Underwriter is hereby
approved, and, prior to the distribution of the Preliminary Official Statement, each Authorized Officer, each
acting alone or together with any other Authorized Officer, is authorized and directed, on behalf of the City,
to deem the Preliminary Official Statement “final” pursuant to Rule 15c2-12 under the Securities Exchange
Act of 1934 (the “Rule”). The execution of the final Official Statement, which shall include such changes
and additions thereto deemed advisable by the Authorized Officer executing the same, and such
information permitted to be excluded from the Preliminary Official Statement pursuant to the Rule, is
hereby approved for delivery to the purchasers of the Bonds, and each Authorized Officer, each acting
alone or together with any other Authorized Officer, is authorized and directed to execute and deliver the
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Reso. No. 90-26, Item 8.1, Adopted 10/06/2026 Page of
final Official Statement for and on behalf of the City, to deliver to the Underwriter a certificate with respect
to the information set forth therein and to deliver to the Underwriter the Continuing Disclosure Undertaking
in substantially the form on file with the City Clerk, together with such changes and additions thereto
deemed advisable by the Authorized Officer executing the same.
7.. The Council hereby approves the Bond Purchase
Agreement in substantially the form on file with the City Clerk; provided, that the aggregate principal
amount of the Bonds shall not exceed $45,000,000, the Underwriter’s discount shall not exceed 1.25% of
the par amount of the Bonds, and the true interest cost shall not exceed 7.00%. Subject to the foregoing
parameters, an Authorized Officer is hereby authorized and directed to execute the Bond Purchase
Agreement in substantially the form on file with the City Clerk, together with such changes and additions
thereto deemed advisable by the Authorized Officer executing the same. The Council hereby finds and
determines that the sale of the Bonds at negotiated sale as contemplated by the Bond Purchase
Agreement will result in a lower overall cost.
8.All actions heretofore taken by the officers, employees and agents of the
City with respect to the establishment of the District and the sale and issuance of the Bonds are hereby
approved, confirmed and ratified, and the Authorized Officers of the City are hereby authorized and
directed to do any and all things and take any and all actions and execute any and all certificates,
agreements and other documents, which they, or any of them, may deem necessary or advisable in order
to consummate the lawful issuance and delivery of the Bonds in accordance with this Resolution, and any
certificate, agreement, and other document described in the documents herein approved. All actions to
be taken by a specified Authorized Officer as specified herein may be taken by the Authorized Officer or
any designee, with the same force and effect as if taken by such Authorized Officer.
9. This Resolution shall take effect upon its adoption.
the City Council of the City of Dublin, on this 6th day of
October, 2026 by the following vote:
: Councilmembers Josey, McCorriston, Qaadri and Mayor Hu
NOES:
:
:
______________________________
Mayor
:
_________________________________
City Clerk
Councilmember Morada
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