HomeMy WebLinkAboutResolution 1986 - 0084RESOLUTION NO.86—84—1
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.1 OF ORANGE COUNTY,CALIFORNIA,
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN ACQUISITION AND CONSTRUCTION AGREEMENT
FOR JOINT FACILITIES,AN ASSIGNMENT AGREEMENT,A TRUST
AGREEMENT AND A NOTICE INVITING BIDS;APPROVING AND
AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL
STATEMENT;APPROVING THE SALE OF CERTIFICATES OF
PARTICIPATION BY A TRUSTEE IN PAYMENTS MADE BY THE
DISTRICT PURSUANT TO SAID ACQUISITION AND CONSTRUCTION
AGREEMENT FOR JOINT FACILITIES;AND AUTHORIZING CERTAIN
OTHER MATTERS RELATING THERETO
*****************
WHEREAS,this County Sanitation District proposes to acquire and/or construct
certain improvements to joint facilities currently owned by it and the other County
Sanitation Districts of Orange County,California,as more particularly described in
the Acquisition and Construction Agreement described below (the “Project”);and,
WHEREAS,certain of the County Sanitation Districts of Orange County,
California propose to finance such acquisition and/or construction or acquire the
Project through the execution of an Agreement for the Acquisition and Construction
of Joint Facilities,dated as of August 1,1986,by and among this District and
those other Districts participating in such financing (together with this District,
the “Participating Districts”),a form of which has been provided to this meeting
(the “Acquisition and Construction Agreement”);and,
WHEREAS,pursuant to an Assignment Agreement,dated as of August 1,1986,by
and among the Participating Districts and a bank or trust company,as trustee (the
“Trustee”),each of the Participating Districts will assign to the Trustee their
several rights to payments due under and pursuant to the Acquisition and
Construction Agreement,a form of which has been provided to this meeting;and,
WHEREAS,pursuant to a Trust Agreement,dated as of August 1,1986,by and
among the Trustee and the Participating Districts,a form of which has been provided
to this meeting (the “Trust Agreement”),certificates of participation evidencing
direct and proportionate interests in payments due under and pursuant to the
Acquisition and Construction Agreement will be delivered (the “Certificates of
Participation”);and,
WHEREAS,the Participating Districts will issue a Notice Inviting Bids,dated
July 9,1986,as a notice of sale for the bid and purchase of the Certificates of
Participation,a form of which has been provided to this meeting (the “Notice
Inviting Bids”);and,
WHEREAS,in connection with such sale there has been provided to this meeting
a draft preliminary Official Statement,dated July 14,1986,relating to the
Certificates of Participation (the “Official Statement”),and,
WHEREAS,after having reviewed and considered the recommendation of the
Financial Advisor to this District and the agreements and other documents referred
to above,this District desires to authorize the execution of such documents and
performance of such acts as may be necessary or desirable by it in connection with
the issuance and sale of the Certificates of Participation.
NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of this District as
follows:
Section 1 The Acquisition and Construction Agreement,in substantially the
form provided to this meeting,be and the same is hereby,approved.The Chairman or
Chairman pro tempore of the District is hereby authorized and directed to execute
and deliver the Acquisition and Construction Agreement with such changes,insertions
and omissions as may be approved by the officer executing the same,said execution
being conclusive evidence of such approval;and the Secretary or an Assistant
Secretary is hereby authorized to attest and affix the seal of the District thereto.
Section 2 The Assignment Agreement,in substantially the form provided to
this meeting,be and the same is hereby,approved.The Chairman or Chairman pro
tempore of the District is hereby authorized and directed to execute and deliver the
Assignment Agreement with such changes,insertions and omissions as may be approved
by the officer executing the same,said execution being conclusive evidence of such
approval;and the Secretary or an Assistant Secretary is hereby authorized to attest
and affix the seal of the District thereto.
Section 3 The Trust Agreement,in substantially the form provided to this
meeting,be and the same is hereby,approved.The Chairman or Chairman pro tempore
of the District is hereby authorized and directed to execute and deliver the Trust
Agreement with such changes,insertions and omissions as may be approved by the
officer executing the same,said execution being conclusive evidence of such
approval;and the Secretary or an Assistant Secretary is hereby authorized to attest
and affix the seal of the District thereto.
Section 4 The Notice Inviting Bids,in substantially the form provided to
this meeting,be and the same is hereby,approved.The Chairman or Chairman pro
tempore of the District is hereby authorized and directed to execute and deliver the
Notice Inviting Bids with such changes,insertions and omissions as may be approved
by the officer executing the same,said execution being conclusive evidence of such
approval and to award the sale of this District’s share of Certificates of
Participation to the lowest bidder therefor;provided,however,that the rate of
interest represented by the Certificates of Participation shall not exceed 12%per
annum,the purchase price of the Certificates of Participation shall not be less
than 96%of the aggregate principal amount thereof,and the aggregate principal
amount thereof shall not exceed $175,000,000.00.
Section 5 The issuance and delivery of the Certificates of Participation on
the terms and conditions specified in the Acquisition and Construction Agreement and
the Trust Agreement are hereby approved.
Section 6 The preliminary Official Statement in substantially the form
provided to this meeting,be and the same is hereby,approved.The preliminary
Official Statement is approved for distribution in the offering and sale of the
Certificates of Participation.The Chairman or Chairman pro tempore is hereby
authorized and directed to execute the preliminary Official Statement when revised
into the form of a Final Official Statement and to execute said Final Official
Statement,dated as of the date of the sale of the Certificates of Participation in
the name of and on behalf of the District,and thereupon to cause the Final Official
Statement to be delivered to the immediate purchaser with such approval to be
conslusively evidenced by the execution and delivery thereof.
Section 7 The Chairman,Chairman pro tempore,Secretary,and any other
proper officer,official or member of the staff of the District,acting singly,be
and each of them hereby is authorized and directed to execute and deliver any and
all documents and instruments and to do and cause to be done any and all acts and
things necessary or proper for carrying out the transactions contemplated by the
Trust Agreement,the Acquisition and Construction Agreement,Assignment Agreement,
the Notice Inviting Bids,the Official Statement and this resolution.
Section 8 This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting held July 9,1986.
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Board of Directors of County
Sanitation District No.1 of Orange County,California,do hereby certify that
the foregoing Resolution No.86—84--i was passed and adopted at a regular
meeting of said Board on the 9th day of July,1986,by the following vote,to
wit:
AYES:Ronald B.Hoesterey,Chairman,Dan Griset,Robert Hanson,Roger
Stanton
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.1 of Orange County,California,this
9th day of July,1986.
Rita J.Bro
,Secretary
Board of Directors of County
Sanitation District No.1
of Orange County,California
RESOLUTION NO.86—84—2
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.2 OF ORANGE COUNTY,CALIFORNIA,
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN ACQUISITION AND CONSTRUCTION AGREEMENT
FOR JOINT FACILITIES,AN ASSIGNMENT AGREEMENT,A TRUST
AGREEMENT AND A NOTICE INVITING BIDS;APPROVING AND
AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL
STATEMENT;APPROVING THE SALE OF CERTIFICATES OF
PARTICIPATION BY A TRUSTEE IN PAYMENTS MADE BY THE
DISTRICT PURSUANT TO SAID ACQUISITION AND CONSTRUCTION
AGREEMENT FOR JOINT FACILITIES;AND AUTHORIZING CERTAIN
OTHER MATTERS RELATING THERETO
*****************
WHEREAS,this County Sanitation District proposes to acquire and/or construct
certain improvements to joint facilities currently owned by it and the other County
Sanitation Districts of Orange County,California,as more particularly described in
the Acquisition and Construction Agreement described below (the “Project”);and,
WHEREAS,certain of the County Sanitation Districts of Orange County,
California propose to finance such acquisition and/or construction or acquire the
roject through the execution of an Agreement for the Acquisition and Construction
of Joint Facilities,dated as of August 1,1986,by and among this District and
those other Districts participating in such financing (together with this District,
the “Participating Districts”),a form of which has been provided to this meeting
(the “Acquisition and Construction Agreement”);and,
WHEREAS,pursuant to an Assignment Agreement,dated as of August 1,1986,by
and among the Participating Districts and a bank or trust company,as trustee (the
“Trustee”),each of the Participating Districts will assign to the Trustee their
several rights to payments due under and pursuant to the Acquisition and
Construction Agreement,a form of which has been provided to this meeting;and,
WHEREAS,pursuant to a Trust Agreement,dated as of August 1,1986,by and
among the Trustee and the Participating Districts,a form of which has been provided
to this meeting (the “Trust Agreement”),certificates of participation evidencing
direct and proportionate interests in payments due under and pursuant to the
Acquisition and Construction Agreement will be delivered (the “Certificates of
Participation”);and,
WHEREAS,the Participating Districts will issue a Notice Inviting Bids,dated
July 9,1986,as a notice of sale for the bid and purchase of the Certificates of
Participation,a form of which has been provided to this meeting (the “Notice
Inviting Bids”);and,
WHEREAS,in connection with such sale there has been provided to this meeting
a draft preliminary Official Statement,dated July 14,1986,relating to the
Certificates of Participation (the “Official Statement”),and,
WHEREAS,after having reviewed and considered the recommendation of the
Financial Advisor to this District and the agreements and other documents referred
to above,this District desires to authorize the execution of such documents and
performance of such acts as may be necessary or desirable by it in connection with
the issuance and sale of the Certificates of Participation.
NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of this District as
follows:
Section 1 The Acquisition and Construction Agreement,in substantially the
form provided to this meeting,be and the same is hereby,approved.The Chairman or
Chairman pro tempore of the District is hereby authorized and directed to execute
and deliver the Acquisition and Construction Agreement with such changes,insertions
and omissions as may be approved by the officer executing the same,said execution
being conclusive evidence of such approval;and the Secretary or an Assistant
Secretary is hereby authorized to attest and affix the seal of the District thereto.
Section 2 The Assignment Agreement,in substantially the form provided to
this meeting,be and the same is hereby,approved.The Chairman or Chairman pro
tempore of the District is hereby authorized and directed to execute and deliver the
Assignment Agreement with such changes,insertions and omissions as may be approved
by the officer executing the same,said execution being conclusive evidence of such
pproval;and the Secretary or an Assistant Secretary is hereby authorized to attest
and affix the seal of the District thereto.
Section 3 The Trust Agreement,in substantially the form provided to this
meeting,be and the same is hereby,approved.The Chairman or Chairman pro teinpore
of the District is hereby authorized and directed to execute and deliver the Trust
Agreement with such changes,insertions and omissions as may be approved by the
officer executing the same,said execution being conclusive evidence of such
approval;and the Secretary or an Assistant Secretary is hereby authorized to attest
and affix the seal of the District thereto.
Section 4 The Notice Inviting Bids,in substantially the form provided to
this meeting,be and the same is hereby,approved.The Chairman or Chairman pro
tempore of the District is hereby authorized and directed to execute and deliver the
Notice Inviting Bids with such changes,insertions and omissions as may be approved
the officer executing the same,said execution being conclusive evidence of such
approval and to award the sale of this District’s share of Certificates of
Participation to the lowest bidder therefor;provided,however,that the rate of
interest represented by the Certificates of Participation shall not exceed 12%per
annum,the purchase price of the Certificates of Participation shall not be less
than 96%of the aggregate principal amount thereof,and the aggregate principal
amount thereof shall not exceed $175,000,000.00.
Section 5 The issuance and delivery of the Certificates of Participation on
the terms and conditions specified in the Acquisition and Construction Agreement and
the Trust Agreement are hereby approved.
Section 6 The preliminary Official Statement in substantially the form
provided to this meeting,be and the same is hereby,approved.The preliminary
Official Statement is approved for distribution in the offering and sale of the
Certificates of Participation.The Chairman or Chairman pro tempore is hereby
uthorized and directed to execute the preliminary Official Statement when revised
into the form of a Final Official Statement and to execute said Final Official
Statement,dated as of the date of the sale of the Certificates of Participation in
the name of and on behalf of the District,and thereupon to cause the Final Official
Statement to be delivered to the immediate purchaser with such approval to be
conslusively evidenced by the execution and delivery thereof.
Section 7 The Chairman,Chairman pro tempore,Secretary,and any other
proper officer,official or member of the staff of the District,acting singly,be
and each of them hereby is authorized and directed to execute and deliver any and
all documents and instruments and to do and cause to be.done any and all acts and
things necessary or proper for carrying out the transactions contemplated by the
Trust Agreement,the Acquisition and Construction Agreement,Assignment Agreement,
the Notice Inviting Bids,the Official Statement and this resolution.
Section 8 This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting held July 9,1986.
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Board of Directors of County
Sanitation District No.2 of Orange County,California,do hereby certify that
the foregoing Resolution No.86—84—2 was passed and adopted at a regular
meeting of said Board on the 9th day of July,1986,by the following vote,to
wit:
AYES:A.B.Catlin,Chairman,Michael Beverage,Richard Buck,Dan
Griset,Carol Kawanarni,William Mahoney,James Neal,Bob Perry,
Don Roth,Don E.Smith,Roger Stanton,John Sutton
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.2 of Orange County,California,this
9th day of July,1986.
~~
Rita J.Brown,Secretary
Board of Directors of County
Sanitation District No.2
of Orange County,California
RESOLUTION NO.86-84—3
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.3 OF ORANGE COUNTY,CALIFORNIA,
APPROVING THE FORN OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN~)iCQUISITION AND CONSTRUCTION AGREEMENT
FOR JOINT FACILITIES,AN ASSIGNMENT AGREEMENT,A TRUST
AGREEMENT AND A NOTICE INVITING BIDS;APPROVING AND
AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL
STATEMENT;APPROVING THE SALE OF CERTIFICATES OF
PARTICIPATION BY A TRUSTEE IN PAYMENTS MADE BY THE
DISTRICT PURSUANT TO SAID ACQUISITION AND CONSTRUCTION
AGREEMENT FOR JOINT FACILITIES;AND AUTHORIZING CERTAIN
OTHER MATTERS RELATING THERETO
*****************
WHEREAS,this County Sanitation District proposes to acquire and/or construct
certain improvements to joint facilities currently owned by it and the other County
Sanitation Districts of Orange County,California,as more particularly described in
the Acquisition and Construction Agreement described below (the “Project”);and,
WHEREAS,certain of the County Sanitation Districts of Orange County,
California propose to finance such acquisition and/or construction or acquire the
roject through the execution of an Agreement for the Acquisition and Construction
of Joint Facilities,dated as of August 1,1986,by and among this District and
those other Districts participating in such financing (together with this District,
the “Participating Districts”),a form of which has been provided to this meeting
(the “Acquisition and Construction Agreement”);and,
WHEREAS,pursuant to an Assignment Agreement,dated as of August 1,1986,by
and among the Participating Districts and a bank or trust company,as trustee (the
“Trustee”),each of the Participating Districts will assign to the Trustee their
several rights to payments due under and pursuant to the Acquisition and
Construction Agreement,a form of which has been provided to this meeting;and,
WHEREAS,pursuant to a Trust Agreement,dated as of August 1,1986,by and
among the Trustee and the Participating Districts,a form of which has been provided
to this meeting (the “Trust Agreement”),certificates of participation evidencing
direct and proportionate interests in payments due under and pursuant to the
Acquisition and Construction Agreement will be delivered (the “Certificates of
articipation”);and,
WHEREAS,the Participating Districts will issue a Notice Inviting Bids,dated
July 9,1986,as a notice of sale for the bid and purchase of the Certificates of
Participation,a form of which has been provided to this meeting (the “Notice
Inviting Bids”);and,
WHEREAS,in connection with such sale there has been provided to this meeting
a draft preliminary Official Statement,dated July 14,1986,relating to the
Certificates of Participation (the “Official Statement”),and,
WHEREAS,after having reviewed and considered the recommendation of the
Financial Advisor to this District and the agreements and other documents referred
to above,this District desires to authorize the execution of such documents and
performance of such acts as may be necessary or desirable by it in connection with
he issuance and sale of the Certificates of Participation.
NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of this District as
follows:
Section 1 The Acquisition and Construction Agreement,in substantially the
form provided to this meeting,be and the same is hereby,approved.The Chairman or
Chairman pro tempore of the District is hereby authorized and directed to execute
and deliver the Acquisition and Construction Agreement with such changes,insertions
and omissions as may be approved by the officer executing the same,said execution
being conclusive evidence of such approval;and the Secretary or an Assistant
Secretary is hereby authorized to attest and affix the seal of the District thereto.
Section 2 The Assignment Agreement,in substantially the form provided to
this meeting,be and the same is hereby,approved.The Chairman or Chairman pro
tempore of the District is hereby authorized and directed to execute and deliver the
Assignment Agreement with such changes,insertions and omissions as may be approved
by the officer executing the same,said execution being conclusive evidence of such
proval;and the Secretary or an Assistant Secretary is hereby authorized to attest
and affix the seal of the District thereto.
Section 3 The Trust Agreement,in substantially the form provided to this
meeting,be and the same is hereby,approved.The Chairman or Chairman pro tempore
of the District is hereby authorized and directed to execute and deliver the Trust
Agreement with such changes,insertions and omissions as may be approved by the
officer executing the same,said execution being conclusive evidence of such
approval;and the Secretary or an Assistant Secretary is hereby authorized to attest
and affix the seal of the District thereto.
Section 4 The Notice Inviting Bids,in substantially the form provided to
this meeting,be and the same is hereby,approved.The Chairman or Chairman pro
tempore of the District is hereby authorized and directed to execute and deliver the
otice Inviting Bids with such changes,insertions and omissions as may be approved
y the officer executing the same,said execution being conclusive evidence of such
approval and to award the sale of this District’s share of Certificates of
Participation to the lowest bidder therefor;provided,however,that the rate of
interest represented by the Certificates of Participation shall not eKceed 12%per
annum,the purchase price of the Certificates of Participation shall not be less
than 96%of the aggregate principal amount thereof,and the aggregate principal
amount thereof shall not exceed $175,000,000.00.
Section 5 The issuance and delivery of the Certificates of Participation on
the terms and conditions specified in the Acquisition and Construction Agreement and
the Trust Agreement are hereby approved.
Section 6 The preliminary Official Statement in substantially the form
provided to this meeting,be and the same is hereby,approved.The preliminary
Official Statement is approved for distribution in the offering and sale of the
Certificates of Participation.The Chairman or Chairman pro tempore is hereby
uthorized and directed to execute the preliminary Official Statement when revised
into the form of a Final Official Statement and to execute said Final Official
Statement,dated as of the date of the sale of the Certificates of Participation in
the name of and on behalf of the District,and thereupon to cause the Final Official
Statement to be delivered to the immediate purchaser with suäh approval to be
conslusively evidenced by the execution and delivery thereof.
Section 7 The Chairman,Chairman pro tempore,Secretary,and any other
proper officer,official or member of the staff of the District,acting singly,be
and each of them hereby is authorized and directed to execute and deliver any and
all documents and instruments and to do and cause to be done any and all acts and
things necessary or proper for carrying out the transactions contemplated by the
Trust Agreement,the Acquisition and Construction Agreement,Assignment Agreement,
the Notice Inviting Bids,the Official Statement and this resolution.
Section 8 This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting held July 9,1986.
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Board of Directors of County
Sanitation District No.3 of Orange County,California,do hereby certify that
the foregoing Resolution No.86—84—3 was passed and adopted at a regular
meeting of said Board on the 9th day of July,1986,by the following vote,to
wit:
AYES:Richard Partin,Chairman,Ruth Bailey,A.B.Catlin,Frank
Clift,Norman Culver,Don R.Griffin,Dan Griset,William
Mahoney,James Neal,Carrey Nelson,Richard Polis,Don Roth,
Sal Sapien,J.R.Siefen,Roger Stanton,Charles Sylvia
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.3 of Orange County,California,this
9th day of July,1986.
Rita J.Brown,Secretary
Board of Directors of ~County
Sanitation District No.3
of Orange County,California