HomeMy WebLinkAboutReso 1983-11419
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10/10/83.
10/17/33
10/21/83
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RESOLUTION NO. 11419
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE SALE OF $:~:A50,000 PRINCIPAL AMOUNT OF
CITY OF CHULA VISTA HOSPITAL REVENUE NOTES (BAY GENERAL
COMMUNITY HOSPITAL PROJECT), SERIES 1983, APPROVING
RELATED DOCUMENTS AND OFFICIAL STATEMENT AND
AUTHORIZING OFFICIAL ACTION
WHEREAS, the City of Chula Vista (the "City") proposes to issue its City of
Chula Vista Hospital Revenue Notes (Bay General Community ~osp~tal Project), Series
1983, (the "Notes") in the aggregate principal amount of $8.,450,000, under and
pursuant to an Indenture of Trust (the "Indenture") dated as of November 1, 1983,
between the City and First Interstate Bank of Cal ifornia (the "Trustee"); and
WHEREAS, the proceeds of the Notes are to be loaned to Bay General Community
Hospital pursuant to a Loan Agreement (the "Loan Agreement") dated as of November
1,1983, between the City and Bay General Community Hospital (the "Hospital"); and
WHEREAS, the City Council has duly held a public hearing, notice of which
has b~en published at least 14 days prior to the hearing date, on the question of
whether the City should issue the Notes, all as required by Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, Miller & Schroeder Municipals, Inc. intends to submit an offer to
purchase the Notes pursuant to a Note Purchase Agreement, in substantially the form
on file with the City Clerk, (the "Note Purchase Agreement") among the City, Miller
& Schroeder Municipals, Inc, and the Hospital; and
WHEREAS, it is appropriate at this time for the City Council to authorize
the sale of the Notes and approve and authorize the execution of the Indenture, the
Loan Agreement and other financing documents relating to the Notes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as follows:
Section 1. Note Purchase Aqreement; Sale of Notes. The Note Purchase
Agreement, in substantially the form presented to the City Council at this meeting
together with any additions thereto or changes deemed necessary or advisable by
Jones Hall Hill & White, A Professional Law Corporation, as bond counsel to the
City, is hereby approved, The Community Development Director is hereby authorized
and di rected to approve the terms of any offer presented by Mi 11 er & Schroeder
Municipal s, Inc., the terms of which are contained in said Note Purchase Agreement,
which results in a rate of interest on the Notes not to exceed ten percent (10%) per
annum. The appropriate officers of the City are hereby authorized and directed to
execute said agreement for and in the name and on behalf of the City, and the City
Council hereby authorizes the delivery, receipt and due performance thereof by the
City.
I'
Section 2, Indenture, The City hereby authorizes the issuance of the Notes
pursuant to and in accordance with the terms of the Indenture, The Indenture, in
substantially the form presented to the City Council at this meeting together with
any additions thereto or changes therein deemed necessary or advisable by Jones
Hall Hill & White, A Professional Law Corporation, as bond counsel to the City, is
hereby approved, The appropriate officers of the City are hereby authorized and
directed to execute said agreement for and in the name and on behalf of the City,
and the City Council hereby authorizes the delivery, receipt and due performance
thereof by the City,
"1
Section 3. Loan Agreement. The Loan Agreement, in substantially the form
presented to the City Council at this meeting together with any additions thereto
or changes therein deemed necessary or advisable by Jones Hall Hill & White, A
Professional Law Corporation, as bond counsel to the City, is hereby approved. The
appropriate officers of the City are hereby authorized and directed to execute said
agreement for and in the name and on behalf of the City, and the City Council hereby
authorizes the delivery, receipt and due performance thereof by the City.
Section 4. Official Statement. The Official Statement relating to the
Notes, substantially in the form presented at this meeting is hereby approved and
the Mayor of the City is hereby authorized and directed to approve any additions to
or changes in the form of said Official Statement as he may deem necessary or
advisable to put said Official Statement in final form, such approval to be
conclusively evidenced by his execution of said Official Statement as so added to
or changed. The Mayor of the City is hereby authorized and directed for and in the
name and on behalf of the Ci ty to execute said form of fi na 1 Offi ci a 1 Statement.
Miller & Schroeder Municipals, Inc., as purchaser of the Notes, is hereby
authorized to distribute copies of said Official Statement (as so added to or
changed) in connection with their reoffering and resale of the Notes. Distribution
heretofore by said purchaser of the preliminary Official Statement relating to the
Notes is hereby approved, confirmed and ratified.
Section 5. Official Action. All actions heretofore taken by the officers
and agents of the City with respect to the sale and issuance of the Notes are hereby
approved, confirmed and ratified, and the Mayor, the City Clerk, the Community
Development Director, the City Manager and any and all other officers of the City
are hereby authorized and directed, for and in the name and on behalf of the City,
to do any and all things and take any and all actions relating to the execution and
delivery of any and all certificates, requisitions, agreements and other documents
which they, or any of them, may deem necessary or advisable in order to consummate
the lawful issuance and delivery of the Notes.
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Section 6. Effective Date. This resolution shall take effect from and
after its adoption.
P"~
Paul G. Desrochers
Community Development Director
/? - (I 1/7
Approved as to form by
~d~
6 . Thomas J. Harron
City Attorney
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 25th
19 . 83 , by the following vote, to-wit:
day of
October
AYES;
NAYES:
ABSTAIN:
ABSENT:
Councilmen
Malcolm, Cox, Moore, McCandliss, Scott
Councilmen
None
Councilmen
None
Councilmen
None
R~
the City of Chura Vista
ATTEST Q~~;e'/ ~JJc:ii hc/-j' ..
t:7. . City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that
RESOLUTION NO. 11419
the above and foregoing is a full, true and correct copy of
,and that the some has not been amended or repealed.
DATED
( seal)
City Clerk
CC-660