AgdaPkt 2012-01-09 - Laserfiche WebLink

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8.A. - Page 8 Section 2. The City Council hereby approves the Bond Purchase Agreement between the City and the Underwriter in the form presented to the City Council at this meeting. The Authorized Officers are each hereby authorized and directed to accept the offer of the Underwriter to purchase the Bonds contained in the Bond Purchase Agreement and to execute the Bond Purchase Agreement, for and in the name and on behalf of the City and the District, in such form, together with any additions thereto or changes therein deemed necessary or advisable by the Authorized Officer executing such document upon consultation with the City Attorney and Bond Counsel; provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of $6,900,000, or result in an underwriter's discount (excluding original issue discount) in excess of nine-tenths of one percent (0.9%) or net present value savings of less than three percent (3.0%) of the Bonds; provided, however, that in the event the County fails to timely pay to the City a material portion of the Fiscal Year 2011/12 tax levy which was due on November 1, 2011, then the aggregate principal amount of Bonds shall not be in excess of $8,000,000. The City Council hereby authorizes the delivery and performance by the City of the Bond Purchase Agreement. The City Council hereby finds and determines that the sale of the Bonds at negotiated sale as contemplated by the Bond Purchase Agreement will result in a lower overall cost. Section 3. The City Council hereby approves the Preliminary Official Statement in the form presented to the City Council at this meeting. The Authorized Officers are each hereby authorized and directed to execute a final Official Statement (the "Official Statement"), for and in the name and on behalf of the City and the District, in such form, together with any additions thereto or changes therein deemed necessary or advisable by the Authorized Officer executing such document upon consultation with the City Attorney, Quint & Thimmig LLP ("Disclosure Counsel") and Bond Counsel. The City Council hereby authorizes and directs the Underwriter to distribute copies of said Preliminary Official Statement to persons who may be interested in the purchase of the Bonds and to deliver copies of the Official Statement to all actual purchasers of the Bonds. The City Council hereby authorizes the delivery by the City of the Official Statement. The Authorized Officers are each hereby authorized and directed to execute a certificate or certificates to the effect that the Official Statement and the Preliminary Official Statement were deemed "final" as of their respective dates for purposes of Rule 15c2-12 of the Securities Exchange Act of 1934, and the Authorized Officers are each hereby authorized to so deem such statements final. Section 4. The City Council hereby approves the Continuing Disclosure Agreement (the "Disclosure Agreement"), between the City and the Dissemination ATTY/RES0.2186/ ISSUANCE AND SALE OF SPECIAL TAX REFUNDING BONDS (PACIFIC SHORES PROJECT) REV:12/19/11 Page 4 of 8