HomeMy WebLinkAbout80-242RESOLUTTON NO. 242
OF THE BOARD OF SUPERVISORS OF
THE CDUNTY OF BUTTE
AuTHORTZING PAYMENT OF EXP~NSES AND RETENTZON OF C~UNSEL
~N CONNECTION WITH THE BIITTE CQUNTY LIBRARY CORPORATION
AND DESIGNATING ATTORNEYS TO REPRESENT THE COUNTY BEFORE
THE INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT
OF THE TREASURY, TN THE MATTER OF REQUESTTNG AND
OBTAIN~NG A RULING OR RULINGS W2TH RESPECT T~ FEDERAL
TNCOME TAXES RELATING TO SATD CORP~RATION AND TTS
PROP~SED BONDS
WHEREAS, Bu~~e Caunty Library Corporatian, a
Cali~ornia nonprof~t public bene£it corporat~on (herein
called the "Corporation"), is proposed ~o be incorporat~d by
a graup o~ pubZic-spirited residents of thi~ County for the
specifac and primary purpose of providing financial
assis~ance to this County by financing the acquisition,
construction and improvement of pub~ic library bui~dings and
facilities for ~his County, together with park~ng ~acilities,
site deve~opmen~, Iandscaping, utili~~es, equipment,
furnishings, improvements and all app~rtenant and re~ated
faci~ities;
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WHEREAS, it will be necessary for the Corporatzon
to employ attorneys and to incur costs and expenses in
pr~paring ~he proceedings for the issuance of bands to
finance said pubZic ~ibra~y buzldings and ~acilities;
WHEREAS, i~ is necessary and appropriate for the
purposes of this Cou~~y ~or this County to agre~ to pay the
costs and ~xpen5es incurred by the Carporation ~n connection
with the financing of sa~d public ~ibrary b~ildings and
facili~ies if the Corporation is for any reason ~nable to
issue bonds to finance said ~acilities; and
WHEREAS, it will be necessary for this Count.y ~o
designate attorneys to zepresen~ zt befare the Tn~erna~
Revenu~ Service, Uni~ed States Department o~ the Treasury, in
the ma~~er of requesting and obtaining a rUling or rulings
with respec~ to Federal income ~axes relat~ng tq ~he
Corpozation and its praposed bonds;
NOW, THER~FORE, BE IT RESOLVED by the Board of
S~pe~visors of the Co~nty of Butte, as fol~ows:
1. A~l ~he ~eci~als herein contained are ~rue and
correct and this Boaxd of S~pervisors so tinds and determin~s.
2. The proposed reten~ion by the Carporation o~
Drrick, Herring~on & Sutcliffe, A Professional Corpora~ion,
as special bond counsel in connection with the preparat~on of
proceedings ~or the financing of said pvblic library
bui~dzngs and ~acilities is hereby approved.
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3. Th~s Coun~y h~reby authorizes the paymen~ by
~his County of any expenses incurred by the Corporation in
cannectian w~th th~ preparation of proceeding5 for the
financ~ng of said pub~ic lib~ary buildings and f acilities, in
~he event that the Corporat~on is unable for any reason to
issue bands and to pay such costs and expenses directly.
S~ch eosts and expenses shal~ include ~egal fees and charges,
the cost of printing th~ ~egal dacumen~s and the bonds, and
other costs and expenses necessari~y inc~rred by the
Corporation, in accordance with the proposed terms of
engagement by ~he Corporation af sa~d special~bond counsel.
4. Car1o S. Fowler and Katherine T. Tallman a~e
nereby designated, appointed and const~tuted the attorneys of
this County ta appear for this County and represent it befor~
the Interna~ Revenue Serv~ce, U~ited Stat~s Department of the
Treasury; in the ma~ter of requesting an~ obtaining a ruling
or rulings with re5pec~ to Federal income ~axes relating to
the Corpora~ion and i~s propo~Ea bonds, and this Caunty
hereby waives any confidentiality in connection wi~h such
request, and ~he Chairman of ~his Board of Supervisors is
hereby authorized and directed ~o execute a pawer of attorney
setting ~orth said designation of authority.
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PASSED AND ADOPTED this 18 day of November, I980,
by ~he ~ollowing vote;
AYES: Supervisors Do~an, Mosele~, Whee~er, Winston and Chairman
Lemke
NOES: None
ABSENT: None
ATTEST: CLARK A. NELSON, Chairr~an af ~h~ Board o~ Supervisors
COUN'i'Y CLE and x-o~~icio of the Coun~y o~ Butte
C].ex'k o t
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Asst. le t the Board of Supervisors
of tl~e County of Butte
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CERTIFICATE
I, Clark A. Nelsan , Clerk o~ the Board af
Supervisors o~ ~~e Coun~y af Bu~te, hereby certzfy ~ha~ ~he
documen~ a~tached here~a is a~rue and correc~ copy of a
reso~utidn passed and adoptsd by the Board of Supervisors of
the Caunty o~ Butte at a regular meeting ~herevf held on
No v embe r~, ~. 9 8 0.
CLAR~ A. ~]~LSOT1, COUl?TY CL~~i - ~CORDLR
and ex-oif~cio C~ er:~ of t~~?e :~u~te Count~
Board of .~uuerv~.sors
Da~.ed: Novem~er 25 , 1980.
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~.ssistar_~ Cler€~