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HomeMy WebLinkAbout2010-123 - 1998 Library Certificates of ParticipationRESOLUTION NO. 2010-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE ESCROW AGREEMENT, APPROPRIATING FUNDS AND AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Newport Beach (the "City ") has previously caused to be sold and delivered the City of Newport Beach Certificates of Participation, Series 1998 (Central Library Building Project) (the "Library COP'S "), pursuant to the terms of a Trust Agreement dated as of June 1, 1998 (the "1998 Trust Agreement "); and WHEREAS, the City Council by adoption of this resolution finds that it is in the best interests of the City to defease the Library COP'S by depositing cash in accordance with the Escrow Agreement and to redeem the Library COP'S on December 1, 2010. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that: Section 1. The Escrow Agreement between the City and the Trustee in substantially the form submitted at this meeting and made a part hereof as though set forth in full herein is hereby approved. The Mayor of the City and/or the City Manager of the City are hereby authorized and directed to execute the Escrow Agreement in the form presented at this meeting with such changes, insertions and omissions as may be approved by the Mayor or City Manager, said execution being conclusive evidence of such approval. Section 2. The appropriation of $3,630,000 is hereby approved. The City Manager is authorized and directed to cause such funds to be deposited in accordance with the Escrow Agreement. Section 3. The Mayor, the City Manager and any other proper officer of the City, acting singly, be and each of them hereby is authorized and directed to execute and deliver any and all documents and instruments, including any agreements with the Trustee relating to the Escrow Agreement, 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 Escrow Agreement and this Resolution. Section 4. This Resolution shall take effect immediately upon adoption. ADOPTED, SIGNED AND APPROVED this 26th day of October, 2010. ATTEST: 0�, Z/ Mayor (� J-j* - City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, Leilam I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -123 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of October, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle Noes: None Absent: Mayor Curry Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of October, 2010. a- � O 6v "" City Clerk Newport Beach, California (Seal)