HomeMy WebLinkAboutResolution No. UB- 06-C1110
RESOLUTION NO.06-Clll
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING AN INSTALLMENT SALE AGREEMENT, A
CONTINUING DISCLOSURE AGREEMENT, A PRELIMINARY
OFFICIAL STATEMENT AND A BOND PURCHASE AGREEMENT,
AND AUTHORIZING THE TAKING OF CERTAIN ACTIONS
WHEREAS, the City of Azusa (the "City") owns and operates that certain water
system (the "Water System"); and
WHEREAS, the City desires to finance certain capital improvements to the
Water System including a water treatment plant (the "Water Improvements"); and
WHEREAS, it has been proposed that the Azusa Public Financing Authority (the
"Authority") assist the City in providing funds to finance the Water Improvements by (i) entering
into an Installment Sale Agreement with the City (the "Installment Sale Agreement"), and
providing for the issuance, sale and delivery of Azusa Public Financing Authority Panty
Revenue Bonds (Water System Capital Improvements Program) Series 2006 (the "Bonds"); and
WHEREAS, the City has determined that it is necessary and desirable to enter
into the Installment Sale Agreement, whereby the Authority will finance the Water
Improvements and the City will purchase the Water Improvements from the Authority in
consideration for installment payments to be made under the respective Installment Sale
Agreement in an amount equal in time and amount to the debt service payments relating to the
Bonds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City hereby approves the Installment Sale Agreement relating
to the Bonds, substantially in the form annexed hereto, with such revisions, amendments and
completions as shall be approved by the Mayor, the City Manager, or the Director of
Administrative Services/CFO, their designee, or any member of this Council (each, a
"Responsible Officer") with the advice of bond counsel to the City, such approval to be
conclusively evidenced by the execution and delivery thereof
Section 2. The City hereby approves the Continuing Disclosure Agreement
relating to the Bonds, substantially in the form annexed hereto, with such revisions, amendments
and completions as shall be approved by a Responsible Officer with the advice of bond counsel
to the City, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 3. The City hereby approves the Bond Purchase Agreement relating
to the Bonds, substantially in the form annexed hereto, with such revisions, amendments and
completions as shall be approved by a Responsible Officer with the advice of bond counsel to the
City, such approval to be conclusively evidenced by the execution and delivery thereof. The
Bond Purchase Agreement shall provide for an underwriter's discount of not greater than
0.3141% of the par amount of the Bonds and a true interest cost of not greater than 5.50%.
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Section 4. The City hereby approves the Preliminary Official Statement
relating to the Bonds, substantially in the form annexed hereto, with such revisions, amendments
and completions as shall be approved by a Responsible Officer with the advice of bond counsel
to the City in order to make the Preliminary Official Statement final as of its date, except for the
omission of certain information, as permitted by Section 240.15c2 -12(b)(1) of Title 17 of the
Code of Federal Regulations ("Rule 15c2-12"), and any certificate relating to the finality of the
Official Statement under Rule 15c2-12. A Responsible Officer is authorized and directed to
execute and deliver a final Official Statement in substantially the form hereby approved, with
such additions and changes as may be approved by bond counsel and the Responsible Officer
executing the same, such approval to be conclusively evidenced by the execution and delivery
thereof.
Section 5. Any Responsible Officer is hereby authorized and directed to
execute and deliver any and all documents and to do and cause to be done any and all acts and
things necessary or proper for carrying out the transactions contemplated by this Resolution,
including obtaining a municipal bond insurance policy for all or a portion of the Bonds.
Section 6. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect. Notwithstanding the
foregoing, such certification and any of the other duties and responsibilities assigned to the City
Clerk pursuant to this Resolution may be performed by a Deputy City Clerk with the same force
and effect as if performed by the City Clerk hereunder.
ADOPTED AND APPROVED THIS 27a' DAY OF NOVEMBER, 2006.
Mayor
ATTEST:
City Clerk
I HEREBY CERTIFY that the foregoing Resolution No. 06-C111, was duly adopted by
the Utility Board/City Council of the City of Azusa at a regular meeting of the Azusa Light &
Water Utility Board on the 27`s day of November, 2006.
AYES: COUNCILMEMBERS: HARDISON, CARRILLO, CHAGNON
NOES: COUNCILMEMBERS: NONE
ABSENT- COUNCILMEMBERS: ROCHA, HANKS
Vera Mendoza, City Clerk
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