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Resolution No. 4899RESOLUTION NO. 4899 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AWARDING THE SALE OF CYPRESS BUSINESS AND PROFESSIONAL CENTER ASSESSMENT DISTRICT LIMITED OBLIGATION IMPROVEMENT BONDS WHEREAS, the City Council of the City of Cypress heretofore negotiated for the sale of improvement bonds to be issued by the City in Cypress Business and Professional Center Assessment District pursuant to the Improvement Bond Act of 1915 (the "Bonds "); and WHEREAS, the underwriting firm of Westhoff, Cone & Holmstedt (the "Underwriter ") has submitted a form of written Bond Purchase Contract pursuant to said negotiations which has been reviewed and considered. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The form of the Bond Purchase Contract of the Underwriter for $2,290,000 par value of the Bonds, subject to the terms of Section 2, shall be and is hereby accepted, and upon their issuance the City Treasurer is hereby authorized and directed to deliver the Bonds to the Underwriter upon payment to the City Treasurer of the purchase price. The Bonds shall bear interest at the rates established in said Bond Purchase Contract, payable March 2, 1998, and semiannually thereafter. SECTION 2. The sale of the Bonds to the Underwriter at a purchase price of not less than the aggregate principal amount of the Bonds less the Underwriter's commission not to exceed 2.5% of the face value of the Bonds and at an interest rate of not to exceed 12% is hereby authorized, approved and confirmed, and the City Manager, Finance Director or Director of Public Works /City Engineer, or their designees are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to effectuate the sale of the Bonds. SECTION 3. Subject to the above terms, the form and content of the Bond Purchase Contract is hereby authorized, approved and confirmed, and the City Manager, Finance Director or Director of Public Works /City Engineer or their designees are hereby authorized, empowered and directed to accept the Bond Purchase Contract for and on behalf of the City in substantially the form and content now before this Council but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their acceptance thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions, or deletions therein from the form and content of the Bond Purchase Contract now before this Council and that, from and after the execution and delivery of the purchase contract, the City Manager or his designee is hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Contract as executed. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of January, 1998. CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR f F T l7CITY OF CYPRESS 3b.5- I, LILLIAN M. HAINA, City Clerk for the City of Cypress, do HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 26th day of January, 1998, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy and NOES: 0 COUNCIL MEMBERS: None Jones ABSENT: 0 COUNCIL MEMBERS: None oh . 44 CITY CLERK OF THE CITY OF CYPRESS