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HomeMy WebLinkAbout83-127Resolufion RESOLUTION OF THE BOARD QF SUPERUISORS OF THE COUNTY OF BUTTE SUPPLEMENTING AND AMENDING THOSE CERTATN RESOLUTIONS RELATING TO THE COUNTY OF BUTTE, CAL2FORNIA, I983 TAX AN~ REVEhIUE APlTICIPATION NOTES WHEREAS, this Board of Supervisors (the "Board") of the County of Butte (the "County") adopted Resolution No. 83-69 on April 26, 19$3 auth~rizing the County to borrow up to $i2,000,000 by the issuance and sale of 1983 Tax and Revenue An~icipation Notes (the "Notes"); WHERERS, Bank of America P~ationa~ Trus~ and Savings Association (the °tJnderwriter") submitted a form of Contract of Purchase providinq a formula for determining the interest rate on the Notes and the price at vrhich the Underwriter would purchase the Notes from the County, and providing for a date of delivery of the Notes on the later of July 5, 1983 or the tenth business day following the date of which a rating is obtained from Moody's Investors Service, Inc. {"h1oody's"), but in any event not later than Ju7y 28, 1983; ~lHEREAS, this Board accepted the Contract of Purchase and the Contract of Purchase was entered into by the County; WHEREAS, this Board has heretofore supplemented and arr~ended f2esolution No. 83-69 to expedite ~he-issuance of the Notes; WHEREAS, due to the delay of the State in adopting its fiscal year 1983-1984 budget, a rating was not obtained from t~loody's in time to permit the Notes to be delivered in accordance with the Contract of Purchase; IJHEREAS, the Underwriter has indicated that it is in the best interest of the County to 6e able to renegotiate the price of and rate on the Notes in 1ight of the market conditions when such rating is obtained, and this Board concurs that i~ is in the best interes~s of the County to be able to renegotiate the price and rate; and WHEREAS, the Underwriter has indicated that it is willing to renegotiate the terms of the Notes. NOW, THEREFORE, this Board hereby finds, determ~ines, declar~s and resolves as follows: Section l. A7i of the rec~tals herein set forth are true and corr°c4, and this Board so finds and determines. Section 2. The Auditor-Controller of the County, with the adviee of the Treasurer-Tax Col1ector, or, in the absence of either ~is/her aut~orized deputy is authQrized and directed to negotiate a price for the Notes of not less than 98% of the aggregate principal amount thereof and an interest rate o~ the Notes not to exceed 12%. The Auditor-Controller of the County, with the advice of the Treasurer- Tax Collector, or, in the absence of either his/her authorized depu~y is authorized and directed to execute and deliver in the name and on behalf of this Board a new Cont'r.act of Purchase for the Notes (substanitally in the form of the Contract of Purchase) or an amendment to the Contract of Pruchase praviding for the sale of the hotes to the Underwriter at the price and interest rate so negotiated and providing for a revised date of del9very far the Notes. PASSED AND ADOPTED by the 8oard of Supervisors of the County of Butte, State of California, this 26th day of July, 1983 by the following vote: AYES: Supervzsors Fulton, Mose~ey, Saraceni and Chair noZan NOES: None ABSENT: Supervisor Wheeler NOT VOTING: None HAIR, of the B~tte County Board f Supervisors . ATTEST: /~ i i '~ t~ ; - l /' J' " > il/ C~l_er_kr'of the Board of"Supervisors of the County af Butte