HomeMy WebLinkAboutRES NO 132-96T$2 96
RESOLUTION NO.
RESOLUTION APPROVING FORM AND SUBSTANCE OF
PRELIMINARY OFFICIAL STATEMENT AND BOND PURCHASE CONTRACT,
AUTHORIZING MODIFICATIONS THERETO,
AUTHORIZING EXECUTION THEREOF, AND
AUTHORIZING RELATED DOCUMENTS AND ACTIONS
(BRIMHALL II,
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-1
SPRING MEADOWS, FAIRWAYS, AND CAMPUS PARK)
WHEREAS, in connection with the proposed issuance, sale
and delivery of the City of Bakersfield, Limited Obligation
Improvement Bonds, Assessment District No. 96-1 (Brimhall II,
Spring Meadows, Fairways, and Campus Park) (the "Bonds"), the
City has retained Haight & Weist as Disclosure Counsel
("Disclosure Counsel"), to assist the City in the preparation of
a Preliminary official Statement for use and distribution by
Sutro & Co., as Underwriter of the Bonds (the "Underwriter") in
connection with issuance, sale and distribution of the Bonds to
the public; and
WHEREAS, Disclosure Counsel has filed with the City
Clerk of this City a proposed Preliminary Official Statement (the
"Preliminary official Statement"), and this City Council hereby
finds and determines that it is in the public interest and for
the public benefit that the Preliminary official Statement be
approved; and
WHEREAS, Disclosure Counsel has also prepared and filed
with the City Clerk of this City a proposed Bond Purchase
Contract, which has been reviewed and approved as to form by
Orrick, Herrington & Sutcliffe LLP, Bond Counsel to the City for
the Bonds.
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS,
DETERMINES AND RESOLVES as follows:
SECTION 1. APPROVAL OF PRELIMINARY OFFICIAL STATEMENT.
This City Council hereby approves the Preliminary Official
Statement, and in connection therewith, hereby finds, determines
and declares (1) that the facts contained in the Preliminary
Official Statement as presented on the date hereof are true and
correct in all material respects and (2) that the Preliminary
official Statement neither contains any untrue statement of a
material fact nor omits to state any material fact necessary to
make any statement therein not misleading in light of the
circumstances under which it was made. The Preliminary Official
Statement shall be deemed "nearly final" for purposes of
compliance with U.S. Securities and Exchange Commission Rule
15c(2)-12, and the Finance Director of the City is hereby
authorized, upon request of the Underwriter, to execute and
deliver a certificate respecting such finality along with the
Preliminary official Statement.
SECTION 2. EXECUTION AND DISTRIBUTION OF PRELIMINARY
OFFICIAL STATEMENT AUTHORIZED. This City Council hereby
authorizes the Finance Director of the City to execute the
official Statement to be substantially derived from the
Preliminary Official Statement. The Underwriter is authorized to
distribute the Preliminary official Statement and the Official
Statement substantially derived therefrom in connection with its
offering or reoffering of the Bonds to the public.
This City Council hereby authorizes the making of
corrections to or additions to the Preliminary official Statement
by supplement or an amendment thereto or by appropriate
insertions into the Preliminary Official Statement and further
authorizes the preparation of an Official Statement to be
substantially derived therefrom.
SECTION 3. BOND PURCHASE CONTRACT APPROVED. The
proposed Bond Purchase Contract is hereby approved as to form and
substance, and the Finance Director of the City is hereby
authorized to execute the same. Said Finance Director is further
authorized to approve changes and modifications to said Bond
Purchase Contract prior to execution, which approval shall be
conclusively demonstrated by execution thereof by the Finance
Director; provided that (1)
shall not exceed $3,850,000,
(exclusive of bond discount)
the principal amount of the Bonds
(2) the average coupon interest rate
shall not exceed eight percent
(8.0%) per annum, and (3) the bond discount (including both
Underwriter's Discount and Original Issue Discount, if any) shall
not exceed two percent (2.0%) of the principal amount of the
Bonds.
SECTION 4.
appropriate officer,
AUTHORIZATION FOR RELATED ACTIONS. Any
employee or representative of the City is
hereby authorized to take any action and to execute and deliver
any document reasonably required to accomplish the issuance, sale
and delivery of the Bonds.
I HEREBY CERTIFY that the foregoing resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on November 20, 1996, by the
following vote:
AYES: COUNCILMEMBER DeMOND, CARSOn, §MITH, ~McDERMOT'I~, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ..,k. ~(,~\ ~
A~TA N: COUNCILMEMBER /~) '~--~ .
ABSEN'E COUNCILMEMBER /,--/(~ I ~
Acting City Clerk a~ Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this 20th day of November,
/ Patricia J//DeMond
Vice-M~yor
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
Bond
COUNTERS IGNED:
1996
EY of the /.// ~
City of Bakersfield