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HomeMy WebLinkAboutRES NO 175-95 175-95 RESOLUTION NO. RESOLUTION APPROVING FORM AND SUBSTANCE OF PRELIMII~ARY OFFICIA~ STATEMENT ANDBONDPURCHASE CONTRACT, AUTHORIZING MODIFICATIONS THERETO, AUTHORIZING EXECUTION THEREOF, AND AUTHORIZING RELATED DOCUMENTS AND ACTIONS CITY OF BAKEREFIELD ASSESSMENT DISTRICT NO. 94-3 (SILVER CREEK/BRIMIL%LL NORTH/SEVEN OAKS/SOUTH LAURELGLEN) WHEREAS, in connection with the proposed issuance, sale and delivery of the city of Bakersfield, Limited Obligation Improvement Bonds, Assessment District No. 94-3 (Silver Creek/Brimhall North/Seven Oaks/South Laurelglen) (the "Bonds"), the City has retained Pircher, Nichols & Meeks 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, Bonds. Herrington & Sutcliffe, Bond Counsel to the City for the 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 executed Preliminary Official Statement. SECTION 2. EXECUTION AND DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT AUTHORIZED. This City Council hereby authorizes the execution of the Preliminary Official Statement and any official Statement substantially derived therefrom by the Finance Director of the City. The Underwriter is authorized to distribute said 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 Financial 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) the principal amount of the Bonds shall not exceed $9,830,000, (2) the average coupon interest rate (exclusive of bond discount) shall not exceed eight percent (8%) 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 8, 1995 by the following vote: ,~,Y. ES: 001JNCILMEMSER DeMOND, CARSON~ $MITN, Md~ERMOTT, ROWLES, SULLIVAN, SALVAGGIO %OES: COUNCILMEMBEP /~(h ABSENT: COUNCILMEMBER City Clerk an~' Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 8th day of November, MAYOR ty of Bakersfield 1995 APPROVED AS TO FORM: COUNTERS IGNED: CITY ATTORNEY of the City of Bakersfield