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HomeMy WebLinkAboutResolution 1993 - 0066RESOLUTION NO.93-66 APPROVING LETTER AGREEMENT WITH MERRILL LYNCH AND PAINEWEBBER FOR UNDERWRITING SERVICES FOR THE FIXED-TO-FLOATING INTEREST RATE SWAP (1993 SWAP) A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7, 11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA, APPROVING LETTER AGREEMENT WITH MERRILL LYNCH AND PAINEWEBBER FOR UNDERWRITING SERVICES IN CONNECTION WITH THE DISTRICTS’FIXED-TO-FLOATING INTEREST RATE SWAP (1993 SWAP) ********************************** WHEREAS,the County Sanitation Districts of Orange County, California,pursuant to financial needs and requirements described in its Collection,Treatment and Disposal Facilities Master Plan adopted July 19,1989,have determined to issue long- term debt obligations/securities and enter into other financial transactions to obtain the necessary funds to complete the development of its needed capital facilities and to manage said funds in the Districts’best interests;and, WHEREAS,the Districts have heretofore considered several well qualified underwriting firms to serve as their underwriter, and Merrill Lynch and PaineWebber,jointly,were selected as Underwriter for the Districts’Fixed-to-Floating Interest Rate SWAP (1993 SWAP)with the potential of saving the Districts between $1 and $4 million,subject to final approval by the Boards of Directors;and, WHEREAS,the Boards of Directors have heretofore directed the Fiscal Policy Committee and other finance team members to proceed with planning and implementation of the Fixed-to-Floating Interest Rate SWAP (1993 SWAP). NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County, California, DO HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That the firm of Merrill Lynch and PaineWebber, jointly,is hereby appointed and designated as Underwriter for the forthcoming Fixed-to-Floating Interest Rate SWAP (1993 SWAP); and, Section 2 That the terms and conditions of that certain Letter Agreement from Merrill Lynch and PaineWebber,dated May 13,1993,are hereby approved;and, Section 3 That payment for said underwriting services, whereby Merrill Lynch will receive an amount not to exceed 10 basis points,and will pay to PaineWebber the lesser of the present value of five basis points or one-half of the total spread per annum from the net spread,is hereby authorized, subject to final approval by the Boards of Directors to proceed with said transaction;and, Section 4 That the General Manager is hereby authorized and directed to execute said Letter Agreement on behalf of the Districts. PASSED AND ADOPTED at a regular meeting held June 9,1993. RAG77.~6 STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I,PENNY KYLE,Assistant Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7, 11,13 and 14 of Orange County,California,do hereby certify that the foregoing Resolution No.93-66 was passed and adopted at a regular meeting of said Boards on the 9th day of June,1993,by the following vote,to wit: AYES:Fred Barrera,Bob Bell,Buck Catlin, John Collins,John C.Cox,Jr.,Jan Debay, Burnie Dunlap,James Evans,James Ferryman, James Flora,Don R.Griffin,John M. Gullixson,Barry Hammond,Evelyn Hart,Gail Kerry,Victor Leipzig,Thomas E.Lutz, William D.Mahoney,Eva G.Miner,Maria Moreno,Ted Noreno,Carrey 3.Nelson,Glenn Parker,Leslie Pontious,Charles E.Puckett, Robert Richardson,Phil Sansone,Sal Sapien, Jim Silva,Sheldon S.Singer,Peer A.Swan, Charles E.Sylvia,James A.Wahner,Henry Wedaa,Grace H.Winchell,George L.Ziaket NOES:None ABSTENTIONS:William G.Steiner ABSENT:Frank Laszlo,Irv Pickier IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 on behalf of itself and Districts Nos.2,3,5,6,7,11,13 and 14 of Orange County,California,this 9th day of June,1993. Penny Kyle,ss ant Secretary Boards of ec rs,County Sanitation Districts Nos.1,2,3, 5,6,7,11,13 and 14 of Orange County,California