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HomeMy WebLinkAboutRES NO 100-76RESOLUTION NO. 100-76 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, MAKING A COVENANT FOR THE BENEFIT OF THE PUR- CHASERS OF $15,500,000 CITY OF BAKERS- FIELD 1976 WATER BONDS REGARDING THE PROVISIONS OF SECTION 103(d) OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, AND APPROVING A DECLARATION OF TRUST IN RELATION THERETO WHEREAS, the Council of the City of Bakersfield (herein "Council") has taken the following actions in relation to the issuance and sale of $15,500,000 City of Bakersfield 1976 Water Bonds (herein the "Bonds"), to-wit: 1. Adopted ResOlution No. 89-76 on November 15, 1976 providing for the issuance and sale of the Bonds; 2. Adopted Resolution No. 94-76 on December 7, 1976 awarding the Bonds to Security Pacific National Bank; and WHEREAS, Section 103(d) of the Internal Revenue Code of 1954, as amended, provides that any arbitrage bond shall be treated as an obligation not defined in Section 103(a)(1) of said Code; and WHEREAS, this Council desires to make a covenant with the purchasers of the Bonds that the Bonds will not be arbitrage bonds as defined in Section 103(d) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a further assurance that the Bonds will not be determined to be arbitrage bonds by the Treasury Department of the united states of America, this Council desires to enter into a trust agreement with United California Bank relating to the proceeds directly derived from the sale of the Bonds and indirect -1- proceeds which may be received by the City from the sale of the Kern Island Water Company, a portion of the assets to be acquired from bond proceeds; NOW, THEREFORE, the Council of the City of Bakersfield DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. The City covenants with the holders of all Bonds at any time outstanding that it will make no use of the proceeds of any of the Bonds which will cause any.of the Bonds to be "arbitrage bonds" subject to federal income taxation by reason of Section 103(d) of the Internal Revenue Code of 1954, as amended. To that end, so long as any of the Bonds are outstanding, the City and the Trustee hereinafter referred to, with respect to the proceeds of the Bonds, will comply with all requirements of said Section 103(d) and all regulations of the United States Department of the Treasury issued thereunder, to the extent that such requirements are, at theltime, applicable and in effect. SECTION 2. The Director of Finance is hereby authorized to furnish to Security Pacific National Bank, at~the~time of the delivery of the bonds, an arbitrage certificate certifying it is not expected that the proceeds of the Bonds will be used in a manner that will cause the Bonds to be arbitrage bonds. SECTION 3. The Council hereby authorizes the Director of Finance to enter into a trust agreement with United Calfiornia Bank (herein the "Trustee") whereby the proceeds of the sale of the Bonds, together with the receipt of funds from the sale of Kern Island Water Company and any other "indirect proceeds" (as such term is defined in the regulations of the Treasury promulgated to carry out the purposes of said Section 103), will be deposited Wi~h"~h~ ~r~stee 'in a fund't6 ~be~creat~a and held by' the' Trustee-" - known as the "City of Bakersfield 1976 Water Bonds, Acquisition Fund", created by this Council in its .Resolution No. 89-76, to -2- be disbursed by the Trustee on order of the Director of Finance to carry out the purposes set forth in the bond proposition approved by the voters for the issuance of the Bonds. Upon completion of said purposes, the balance of the money in said Acquisition Fund shall .be transferred to the City of Bakersfield 1976 Water Bonds, Interest and Redemption Fund. ADOPTED, SIGNED AND APPROVED this 13th day of December, 1976. - Ci City Bakersfield - -3- STATE OF CALIFORNIA ) ) ss. COUNTY OF KERN ) I, H. E. BERGEN, City Clerk of the City of Bakersfield, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of said City at a regular meeting of said City Council held on the 13th day of December,_1976, and that it was so adopted by the following vote: AYES: COUNCILMEN: Barton, Bleecker, Christensen, Medders, Rogers, Sceales, Strong NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None -4- STATE OF CALIFORNIA ) ) COUNTY OF KERN ) ss. I, H. E. BERGEN, City Clerk of the City of Bakersfield, California, do hereby certify that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 100-76 , Of said City Council, and that the same has not been amended or repealed. DATED: December 16 , 1976. Ci~ler~k~~ersfield