HomeMy WebLinkAboutRES 89-8011MPE0001-7/0027D/05
07/31/89 250
RESOLUTION NO. 29-60
RESOLUTION OF T14E QTY COUNCTI, OF THE CTY OF
DIAMOND BAR, CALIFORNIA APPROVING FURTYKI-R
AMENDMENTS TO THE RESOLUTICN AU7HORiZlNG THE
KSUANCE OF $3,000,000 PRINCIPAL AM(',UTNF OF ITS
TAX AND REVENUE ANTICIPATILN NDTFS APPROV:NG THE
EXECUTION AND DELIVERY OF DOCKA&TFS TV
COPNEC_ION THEREWITH
WHEREAS, the City Council of the City Of Har,
Califvznja (the "City Council") has adopted its Resolution (the
-Tes3intion of issuance") providing for the issuance of Three
Wialion Dollars ($3.000.000) of tax and revenue antawp5rion nots-s-
erv! __A vre $3,000,300 City of Diamond Sam Qos Ange3un County,
wAifornaa), 1989 7ax and Revenue Anticipation NoLay (0e "NotHs"),
the procneds K which wi3l be used as set forth in zaTj `..:o fusion
K lsx�ancs; and
NAEREAS.-the My Council must also authiys 01 Jlecutizy!
:7-15very of ceitsin ie0ted legal Eocu7Ennn in connectium
with
the issuance A the Notes and approve the samc as 7n:
fzrm as
set forth; and
hHEREAS, the Depcsitory Trust C DI
- the
FLnancLs! Consultant and the purchaser of the
r
oerkain ctanges, modifications and amendments to the Riosolurion
of
issaince = clarify matters or questions arising under,
or to cure
Lny =Liquitv or defect or inconsistent proviFicns within,
t h (a
Posoluni pn of issuance and to incorpcT ate the spec.... ` J c-
I
teims ard provisions cf the sale of the Notes by the City
Council to
the purcKasei thereof when the final terms We been 5sce&ained
on
cy FTjor tc zhe date of actual issuance and delivery of
the NotES'
'NEREAS, it is necessary for the
};,y this
Rc s o 1 u ; 1 3n cc n s i de i V aUthorazzlion in-i't
cel tsin
amund7nnts to !,- he- of issuance aa ' naid ReEnlovion
at
Ty5Annce may L. amon6oA, roodiKeJ Cr__ 7nan;eb SO!Sequhnt
LQ the
Epproval of the Resolation of Issuance through incluling
thcl
tin!
late of issuance and delivery of the Notes.
NOW, THEREFORE, EE IT RESOLVED, DETERMINED AND ORDERED
THL CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA AS FOLLCWS:
Section 1. The City Council -hereby approves t e
Resolution of Tssuance together with such changes, rodif.ications and
]mendIents as may be approved by the City Manager upon the
lecom:r,e�dation of Hawkins, Delafield & Wood ("Fond Counsel"). All
terms not otherwise specified in the Resolution of Issuance shall be
those terms and provisions as may be set forth in the winning bid
for the Notes as shall be awarded prior to the time of issuance and
delivery of Uhe Notes and shall be set. forth in those certain
amendments to the Resolution of Issuance approved by this Resolution.
='?:e Ci ty _airlager and Ci t}T ti.l_r? . r; re _: rCby at<thor_ .ems ,;::
dirF_'Cted o e e.�_.0--te. .J -e f'_.?bl fCrM C: C= RcSCil li::lG:'i c f 7.. �11..,;Cf
+:}I.IC`ri ti la.l1 Ste= fC)rtii' t.Jt£' �:_I?:j; t.�'r �..;c visions Ot `}_e Saie
the Notes when the final terns have beerascertained based upon 1:he
most favorable market conditions then available in the municipal
bond market, together with such amendments, modifications and
charges as may be requested by DTC, the municipal bond rating
agency, Seidler -Fitzgerald Public Finance (the "Financial
Consultant") and the purchaser of said Notes and as such ar:endments,
modifications and changes may be approved by the City Manager upon
the recommendation of Bond Counsel.
Section 2. The City Council hereby authorizes the City
Tanager, City Clerk, or any other appropriate City Staff me bers or
elected c=f iciais to execute such docurnents as m.ay be r.f=aser.ii. bIy
re(_LJsdry d -v t1lC issuance, sa.l e and 1L ''. .i. < +<: the Notes
as contemplated- here -In. T n. All such documents as _._a be e.xecut4ed by
such officials shall be subject to the approval c: the City 'Mana:cer
upon_ the recoramendaticn of Bond Counsel and ,=hen delivered sh 311. be
ccnsieered to have been approved by the City pursua .t to `f:i
RFsC1,1_1tlon.
Section 3. The City Treasurer and/or the City Manager,
as appropriate, are hereby authorized to make or cause to be made
all transfers and deposit of funds as are necessary and desirable to
effectuate the proceedings for the issuance of the Notes and the
proper use of the Note proceeds.
Section 4. The City Council hereby approves the
Official Statement which has been prepared by the Financial
Consultant, in conjunction with Bond Counsel., and hereby authorizes
and directs the i° inancla_ Cr; nsu1tan t, :arth Llie iip rova1 of the City
1laIiager ,,p:, -)n the of Ecnd 'Ccun:.-el, to "a:':e anv change'
as they may deem n'acu., sarj' u oes'lraole and to furrish the
appropriate number of copies of said Official Statement to the
purchasers of the Notes. The City Manager or such other authorized
officer of the City, as appropriate, is hereby authorized and
directed to execute the Official Statement when approved by the Citi•
Manager upon the recommendation of Bond Counsel. where and as
indicated.
Section 5. The costs of issuance of the Notes are
hereby authorized to be paid in conformity with the contracts and
agreements relating thereto as shall be approved by the City
Manrg(�r, and the payment of the various iteIns of such costs as are
a-:prcve,J by the City- Manager are hereby authorized, and to the
m,aximum extent possible, shall be made at the time of dolivery of
the Notes.
Section 6. All actions and proceedings heretofore taken
in connection with the authorization, issuance and delivery of the
Notes are hereby ratified and confirrned.
Section 7. The City Manager, City Clerk or such other
authorized officer of the City and the appropriate City Staff, or
r'. li.)' _. ?r F'
lid C,f }, i i. _ _S tir t�1E ,_1
.
'
1; t: _ el, t .. L. i i. Z i 1] i ii ! C 1_3.. c` 1-1 d _ .-. '\`
doc :?e.�,.G, cc- rtir.il: at e_,'.'S (? 6t �.,frl'_S ?: fJri f'_t_ 'I"i 4.'1i
the issuance, sale and delivery of the Notes and to do or cause to
be done any and all acts and things necessary or proper for the
carrying out the delivery of the Notes to the purchasers thereof., as
contemplated by this Resolution, and to cause all the proceedings
relating hereto to ccnfor�I to such transactions as are more
particularly described in said Official Statement.
Section 8. The City Clerk shall certify to the adoption
of this Resolution.
PASSED, APPROVED AND ADOPTED this 29th_ play or
Aucgust
ATTEST:
Cit Clerk of the 0
City of Diamond Bar, California
Approv d as to 4F5t/,'-
JZZt. ..i
City Attorney
Nlayoif the
Diamond Bar, C �orria
- 3 -
STATE OF CALIFOR14IA }
COUNTY OF LOS ANGELES )
CITY OF D I r';t°iOND BAR )
I, the undersigned, City Clerk of the City of Diamond Ear,
California, DO HEREBY CERTIFY that the above and forego�:ng is a
full, true and correct copy of Resolution No.89-80 , appioved and
passed, August_29_____, 1989, and that sarre has not been amended or
repealed.
a
_._....moi,.-__......___ ...._ _....,
STATE, OF .CALI ORNIA )
COUNTY OF iOS ANGELES )
CITY OF DIAMOND BAR )
Citi C of the )ty of
Diamond Bar, California
I Lynda Burgess Cit- Ci '}'
Bar, Cal i.forriia, hereby certify tha.+: ttc3 -_. '_1'i c; i<E.SC." Ut�un
No. 89-60was passed and adopted by the
City of iacror,_d Bar, California, signed by the ?"r ani attp:'::�1
to by the City Clerk at
ina regular meeting of r•zo
tl:e_�I day of Au_qust _, 198and CL.
was adopted by the following vote, to wit:
AYES: Council Members Forb.inq, Mi-ller"_,oc-,rner, Mayor Papers
NOES: Council Members None
ABSENT:Council Members Mayor Pro Tem Horcher -_
Cit: lr>: of tt.e tzr of