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HomeMy WebLinkAbout85-242 - ResolutionsRESOLUTION NO. 8~-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHv CUCAMONGA, CALIFORNIA, ACCEPTING PURCHASE AGREEMENT AND MAKING AWARD FOR SALE OF BONDS IN A COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Rancho Cucamonga, Calltornia, (heroinafter referred to as the "legislative body of the local A~ency"), has instituted proceedings, held a public hearing, conducted an election and has authorized the sale of bonds under the terms and provisions of the '~ello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This Community Facilities District shall heroinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred to as the '~istrict"); and WHEREAS, it was determined by this legislative body that it was necessary to incur a bonded indebtedness to pay for all or a portion of puOlic capital facilities of said District, and the proposition relatzng to the incurring of a bonded indebtedness has received a favorable 2/3's vote of the qualified electors voting at the authorized election; and WHEREAS, there has now been received, in proper form, a proposal and/or purchase agreement (heroinafter referred to as ~urchase ~reement") for the purchase of bonds to issue under these proceedings, and said Purchase A~reement received is considered to best serve the interests of the property owners and residents within the boundaries of the District and determined that acceptance of this proposal at a private sale will result in a lower interest cost on the bonds. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the written Purchase A~reement received from STONE & YOUNGBERG relating to the purchase of certain special tax Community Facilities District bonds designated as CITY OF RANCHO CUCAMONGA, COMMIINITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM), MELLO-ROOS SPECIAL TAX BONDS, SERIES '~" is hereby accepted and approved. The City Manager is hereby authorized to make minor changes and modifications not of a suDstantatlve nature to the Purchase ASreement to comply with terms and conditions as requested by insurers or rating agencies. Any such changes shall be suoject to written approval of Bond Counsel, and any change of a suDstantatxve nature shall be submitted to the City Council for final approval. SECTION 3: That said sale of bonds is subject to all the terms and conditions as set forth in the Resolution of Intention to incur indebtedness, the Resolution authorizing the issuance of bonds and the accepted Purchase A~reoment, and all other bond authorization documentation. SECTION 4: The Treasurer is hereby authorized and directed to immediately have bonds printed, and sa~d Treasurer shall have said bonus signed and delivered to said purchaser upon the receipt of the amount of monies due pursuant to said Purchase A~reement and upon the performance of all conditions as set forth in said Purchase A~reement. SECTION 5: That the interest rate and/or rates on sa~d bonds be fixed at the rate and/or rates as set forth in the accepted Purchase Agreement. Resolution No. 85-242 Page 2 SECTION 6: The above sale and acceptance of the Purchase Agreement has been made without advertising for bids, as authorized by Section 53360.4 of the Government Code of the State of California, as it is hereby determined by this legislative body that said sale would result in a lower interest cost on the bonds. PASSED, APPROVED, and ADOPTED this 7th day of August, 1985. AYES: Wright, Buquet, MikeIs, Dahl, Ring NOES: None ABSENT: None /~n D', Mik~ls, Mayor ' ATYES T: Beverl~A. Authelet, City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 7th day of August, 1985. Executed this 8th day of August, 1985 at Rancho Cucamonga, Calxfornia. Beverly ~. Authelet, City Clerk