HomeMy WebLinkAbout0779 ResolutionRESOLUTION NO. 779
AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF PROJECT
NOTES AND THE EXECUTION OF REQUISITION AGREEMENTS.
WHEREAS, City of Pasco (herein called the "Local Issuing Agency")
is undertaking the development and/or operation of one or more urban renewal,
low -rent housing or redevelopment projects and may engage in such undertakings
in respect to additional projects all pursuant to the terms of one or more
contracts (which contracts and any contract in substitution thereof, together
r with any supplements thereto or amendments or waivers of any provisions thereof,
are herein called the "Contract") with the United States of America (herein called
the :'Government") providing for a loan by the Government to the Local Issuing
Agency for financing the urban renewal, low -rent housing or redevelopment
project described in the Contract and herein called the "Project"; and
WHEREAS, the Local Issuing Agency proposes to obtain loans from others than
the Government in anticipation of the delivery of notes to the Government, which
loans shall be evidenced by negotiable short-term notes of the Local Issuing
Agency (herein called "Project Notes"); and
WHEREAS, The Local Issuing Agency proposes to issue Project Notes as hereinafter
provided:
NOW, THEREFORE, BE IT RESOLVED by the Local Issuing Agency as follows:
Section 1. For the purpose of providing funds to pay expenses incurred or
to be incurred pursuant to the Contract or to refund, renew or extend its outstand-
ing Notes issued in connection therewith, the Local Issuing Agency hereby
determines to issue its Project Notes for purchase by the public from time to
time in amounts which shall not exceed the aggregate loan amount or the Actual
Development Cost specified in the Contract, as the case may be. Such Project
Notes shall be in such principal amounts, bear such interest rates, be dated and
mature, all as prescribed in this Resolution.
Section 2. a. The Mayor or Acting Mayor is hereby authorized and directed
to advertise from time to time the public sale of Project Notes of the Local
Issuing Agency by causing the publication of a Notice of Sale thereof in a
newspaper pursuant to State Law, if required, and in The Daily Bond Buyer, a
financial newspaper published in the City of New York, New York. The Notice
of Sale for publication locally shall be substantially in the form of HUD -9001,
which is incorporated herein by reference- The Notice of Sale to be published
in the Daily Bond Buyer may be included in a consolidated Notice of Sale- Each
Notice of Sale.shall be published at intervals in accordance with a schedule of
advertising arranged in cooperation with the Government. Each separate issue
of Project Notes advertised for sale shall be numbered in consecutive series.
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b. Each proposal submitted for all or a part of any series of Project
Notes shall be in substantially the form of HUD -9002, which is incorporated
herein by reference, and is hereby approved by the Local Issuing Agency.
Section 3. a. The Mayor or Acting Mayor is hereby authorized and directed
on each date specified in a duly published advertisement of the Notice of Sale
for a series of Project Notes and at the time and place mentioned therein to
receive, open and review all proposals received for the purchase of Project Notes.
Upon completion of the review, the contents of all proposals shall be communicated
by telephone to the Government with a recommendation for award.
b. The Mayor or Acting Mayor after receiving Government approval of
a recommended award is hereby authorized and directed on behalf of the Local
Issuing Agency to -award the Project Notes at the lowest interest rate or rates
not in excess of the percentage rate per annum specified in the Contract or
under State Law offered in the proposals without reference to premiums:
Provided however, that as among proposals specifying the same lowest interest
rate, awards shall be made on the basis of the highest premium per dollar
principal amount of the Notes specified in such proposals. The Mayor or Acting
Mayor shall promptly notify each successful bidder by telegram of the principal
amount of Project Notes so awarded to such bidder. '
Section 4. Each of the Project Notes of the Local Issuing Agency shall be
in substantially the form of HUD -9010, which is incorporated herein by reference.
Each series of Project Notes shall bear a date not later than the date on which
they are to be delivered to the purchaser and shall mature within a term of not
to exceed 18 months from their date. Each series of Project Notes shall bear interest
at the rate or rates per annum fixed in the proposal or proposals accepted for
the purchase of such Notes, shall be issued in such denominations, and both princi-
pal and interest thereof shall be payable at such incorporated bank having trust
powers or incorporated trust company as the purchaser designates in his proposal,
and shall be secured by a "Requisition Agreement" in substantially the form of
HUD -9003, which is incorporated herein by reference, to be entered into between the
Local Issuing Agency and the Government.
Section 5. Each of the Project Notes issued in a series which has been
awarded shall be executed in the name of the Local Issuing Agency by the manual
or facsimile signature of the Mayor or Acting Mayor and the City Clerk is
authorized and directed to date and to cause the seal of the Local Issuing
Agency to be impressed, imprinted or:'reproduced thereon and to attest such sealing,
and the aforesaid officers shall take all other actions necessary to complete delivery
of any Project Notes which have been awarded.
Section 6. Each Requisition Agreement securing one or more series of Project
Notes shall be executed in the name of the Local Issuing Agency by the manual or
facsimile signature of the Mayor or Acting Mayor and the City Clerk is authorized
and directed to cause the seal of the Local Issuing Agency to be impressed, imprinted
or reproduced thereon and to attest the same.
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Section 7. The Mayor or Acting Mayor is authorized and directed to deliver
the Project Notes by signing and promptly sending after acceptance of each
proposal„ a letter to each paying agent for such Project Notes in substantially
the form of HUD -9004, which is incorporated herein by reference, and to transmit
therewith (a) the Project Notes for which the addressee is the paying agent for
delivery and payment and (b) a signature certificate and receipt, in accordance
with the terms of the letter, and to take such other actions as may be required
to complete the delivery transaction in accordance with the terms of the letter
to the paying agent.
Section 8. The Mayor and City Clerk are authorized to take all actions as
may be requited to validate and complete delivery of the Project Notes herein
authorized to be issued from time to time.
Section 9. For the punctual payment of the principal of and interest on each
series of Project Notes, the LocaL Issuing Agency expressly and irrevocably
promises to pay any sums which may be received from the Government pursuant to, -
the Requisition Agreement relating to such series of Project Notes. and each
such Requisition Agreement when executed by the Government is declared to be and
is hereby assigned by the Local Issuing Agency for the benefit of the holder or
holders from time to time of such series of Project Notes. All contributions,
funds and amounts authorized or required by the Contract to be applied to the
payment of Project Loan Notes (referred to in the, Contract as "Project Temporary
Loan Obligations," "Advance Notes") as issued in connection with the Project are
irrevocably pledged to -secure the payment of the principal of and interest to
maturity on each series of Project Notes. Such pledge and the lien created
thereby shall cease and terminate as to any series of Project Notes when monies
or investment -securities convertible into cash not later than the maturity date
of such Notes, sufficient and for the purpose of paying the principal and interest
to maturity on such Notes, are deposi.ted with the paying agent or agents for such
Notes:-
Section
otes:.Section 10. The Mayor or Acting Mayor is authorized and directed.to pay (a)
to the Government such amount of such funds of the Local Issuing Agency as may
be available for such purpose and as may be necessary to pay the principal of and
interest on obligations of the Local Issuing Agency then held by the Government
which may be refunded in part by any one or more series of Project Notes and (b)
to the paying agent or agents of any then outstanding series of Project Notes,
or to the Government for transmittal to said paying agent or agents, such amount
of funds of the Local Issuing Agency as may be available for such purpose and
as may be necessary to pay the principal of and interest on such Project Notes
which are refunded in part by succeeding issues of Project Notes.
Section 11. The Local Issuing Agency hereby covenants with the holders from
time to time of any Project Notes issued under this resolution that it will not
amend this resolution in any way which would limit or alter the rights of such
holders under Section 9 hereof or otherwise impair the rights and remedies of
such holders untill- such Project Notes, together with interest thereon, and all
costs, expenses and damages in connection with any action or proceedings by or on
behalf of such holders are fully'met and discharged.
Section 12. This Resolution shall take effect immediately.
PASSED by the City Council and APPROVED as provided by law, this -
day of ,limp 1969.
ATTE
Approved as' to 4ormr-
D. Wa e Camp.ell, City AXtorney
CITY OF PASCO, WASHINGTON
G. E. CARTER, MAYOR