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HomeMy WebLinkAboutReso 211-1985 A RESOLUTION 211-85 A RESOLUTION APPOINTING MANAGING UNDERWRITER THE GATEWAY ASSESSMENT DISTRICT NO. ST-82-2 (Reassessment of Series 86-A Bonds) RESOLVED, by the City Council of the City of South San Francisco, County of San Mateo, that WHEREAS, this City Council proposes to consider proceedings for the levy of reassessments and the issuance of and to sell bonds pursuant to proceedings undertaken for the refunding of certain bonds designated "Improvement Bonds, City of South San Francisco, The Gateway Assessment District No. ST-82-2, Series 86-A dated December 2, 1982, issued for public improvements generally described in Resolution of Intention To Make Acquisitions And Improvements No. 74-82, adopted by said Council on July 7, 1982; WHEREAS, this Council upon the terms and conditions hereinafter set forth, desires to appoint a managing underwriter to underwrite the issue of said bonds and to render advice and perform services customary with respect thereto; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: 1. Dean ~itter Reynolds, Inc., San Francisco, California be, and is hereby, appointed as Managing Underwriter ("Underwriter") with respect to said bonds. 2. Underwriter will: a) fully advise-and make recommendations to staff, the City's financial consultants and th~s Council with respect to the security, structure, t~ming, terms and other condit}ons pertaining to the issuance of said bonds; b) submit at the appropriate time or times to this Council a contract or contracts for the purchase of satd bonds or each series thereof; c) as a condition of award of sale of bonds to Underwriter, assume full responsibility for due diligence ~nvestigat~on and disclosure and prepare and circulate at its expense any and all required preliminary and final statements with respect to said bonds; d) render all other services customarily performed by a Managing Underwriter with respect to a negotiated sale of bonds of the type proposed. 3. Th~s Council recognizes that Underwriter will commit, on a fully contingent basts, considerable t~me and expense in the performance of such services and thus requires assurances that such time and expense will be compensated for and recovered ~n the process of the successful underwriting of the issue of said bonds. 4. If this Council, in its sole discretion, determines that the Underwriter ts not satisfactorily performing the services which ~t is hereby appointed to perform or if a satisfactory bond purchase agreement cannot be reached, this Council may discontinue the services of Underwriter at no cost to the City. -2- 5. Nhen adopted by th~s Council the provisions hereof shall constitute an agreement by and between Underwriter and the C~ty of South San Francisco. Said agreement, unless sooner terminated by the City, shall expire March 1, 1986. I HEREBY certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on this 25th day of September , 1985, by the following vote: AYES' Counci~members Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia NOES' None ABSENT None ATTEST: South San Francisco