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Resolution 1987-29 "'" . . RESOLUTION NO. 87 - 29 RESOLUTION ORDERING SALE OF BONDS EAST NINTH ST. ET AL REFUNDING ASSESSMENT DISTRICT, SERIES 87-1 The City Council of the City of Gilroy resolves: The City Council accepts the offer of Wulff, Hansen & Co. (attached to this resolution and by reference incorporated in it), to purchase all of the refunding bonds to be issued in East Ninth St. Et Al Refunding Assessment District, Series 87-1. The City Council directs the sale and delivery of the bonds to the offeror in accordance with the terms and conditions stated in the offer. * * * I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gilroy, California, at a regular meeting thereof, held on the 20th day of April, 1987. AYES: Councilmembers ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. NOES: Councilmembers None ABSENT: Counc i lmembe r s None If~ ORIGINAL RESOLUTION NO. 87 - 29 Municipal Financing Special Assessment, Mello. Roos, and Revenue Bonds County City Special district Commercial Industrial Residential Hospital Public Schools Street opening Sewer Water landscaping Sidewalks Curbs Gutters Ughting Drainage Traffic control Parking Meters Pedestrian malls Parks Public Safety Playground Recreation Refinancing Renovation Dredging Reclamation . . WULFF. HANSEN & ~. ESTABLISHED 1931 INVESTMENT BANKERS 201 SANSOME STREET. 7TH FLOOR SAN FRANCISCO 94104 [415J 421-8900 April 14, 1987 City Council City of Gilroy City Hall 7351 Rosanna Street Gilroy, California 95020 City of Gilroy Santa Clara County, California East Ninth Street Et Al Assessment District 83-1 Reassessment and Refunding Dear Council Members: Wulff, Hansen & Co. (the "UnderwriterW) hereby offers to purchase all, but not less than all, Refunding Bonds to be offered by the City of Gilroy (the "City") according to the Refunding Act of 1984 for 1915 Improvement Act Bonds, Division 11.5 of the Streets and Highways Code, (the "Act"), to represent the cost of refunding the East Ninth Street Et Al Assessment District 83-1 (the "Bonds"). We make this offer under the following terms and conditions: Amount of Bonds: Not to Exceed $757,648.00. Form of Bonds: Registered bonds to be issued serially. Bond denominations of $1,000 to $95,000, any odd lot bond to be in the first maturity. Interest Rates: 1988 5.25 1994 7.20 1989 5.75 1995 7.40 1990 6.25 1996 7.50 1991 6.50 1997 7.60 1992 6.75 1998 7.75 1993 7.00 Price: 97.00% of par value plus accrued interest. Term: 12 years. ORIGINAL OVER HALF A CENTURY HELPING CALIFORNIANS . City Council City of Gilroy April 14, 1987 Page Two Average Interest Cost: Net Interest Cost: First Interest Payment and Approximate Maturity Schedule: Date of Bonds and Delivery Date: Foreclosure Clause: Reserve Fund: Redemption Premium: Paying Agent and Registrar: No Litigation: . 7.286%. 7.707905%. The first interest payment on the Bonds shall be March 2, 1988, with principal payments commencing September 2, 1988, and annually thereafter as specified below: 1988 1989 1990 1991 1992 1993 32,648.00 55,000.00 55,000.00 60,000.00 65,000.00 70,000.00 1994 1995 1996 1997 1998 70,000.00 80,000.00 85,000.00 90,000.00 95,000.00 Approximately May 1, 1987. City to covenant to commence judicial foreclosure of delinquent assessments within 150 days of any delinquency. The City shall establish from the proceeds of the bonds a reserve fund equal to 7% of the principal amount of the bonds. In our view, it is reasonably required for this issue, and vital to the marketing of the bonds, that proceeds from the investment of monies in said reserve fund should be retained in said fund until the amount in said fund equals the maximum annual amount allowed by law. 3% of unmatured principal. Bank of America National Trust & Savings Association, Corporate Agency Service Center, San Francisco, California. A no litigation certificate of the City shall accompany the bonds at delivery. . . , ' City Council City of Gilroy April 14, 1987 Page Three Legal Opinion: The opinion of Sturgis, Ness, Brunsell & Sperry, Emeryville, California, without qualification and without expense to us to be printed on the bonds. Conditions Precedent: The obligations of the Underwriters to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriters, to the following additional conditions: (a) The Resolution and any other applicable agreements shall be in full force and effect, and shall not have been amended, modified or supplemented except as may have been agreed in writing by the Underwriters, and there shall have been taken in connection therewith, with the issuance of the Bonds and with the transactions contemplated thereby and by this Purchase Contract, all such actions as, in the opinion of Sturgis, Ness, Brunsell & Sperry, Emeryville, California, Bond Counsel for the City, shall be necessary and appropriate; (b) Between the date hereof and the closing date, the market price or marketability of the Bonds at the initial offering prices set forth in the Final Statement shall not have been materially adversely affected, in the judgment of the Underwriters (evidenced by a written notice to the City terminating the obligation of the Underwriters to accept delivery of and pay for the Bonds) by reason of any of the following: . . . ' City Council City of Gilroy April 14, 1987 Page Four (1) Legislation enacted (or resolution passed) by the Congress of the United States of America or a decision rendered by a court established under Article III of the Constitution of the United States of America or by the Tax Court of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Treasury Department or the Internal Revenue Service of the United States of America, with the purpose or effect, directly or indirectly, of imposing federal income taxation upon the interest as would be received by the owners of the Bonds; (2) Legislation enacted (or resolution passed) by the Congress of the United States of America, or an order, decree or injunction issued by any court of competent jurisdiction or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, or the Bonds, including any or all underlying arrangements, are not exempt from registration under or other requirements of the Securities Act of 1933, as . . , . City Council City of Gilroy April 14, 1987 Page Five amended, or that the Resolution is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering or sale of obligations of the general character of the Bonds, or of the Bonds, including any or all underwriting arrangements, as contemplated hereby or by the Final Statement or otherwise is or would be in violation of the federal securities laws as amended and then in effect; (3) Any amendment to the Federal or California Constitution or action by any Federal or California court, legislative body, regulatory body or other authority materially adversely affecting the tax status of the City, its property, income, securities (or interest thereon), validity or enforceability of the assessments or the ability of the City to construct or acquire the improvements as contemplated by the Resolution and the Final Statement; or (4) Any event occurring, or information becoming known which, in the judgment of the Underwriters makes untrue or misleading in any material respect any statement or information contained in the Final Statement concerning the City, the Improvement Project, the landowner, or the property assessed. City Council . City of Gilroy April 14, 1987 Page Six Place of Delivery: Time of Delivery: Expiration: JPD/bjg . " ' , . Bank of America National Trust & Savings Association, Corporate Agency Service Center, San Francisco, California. Not later than 48 hours after the City notifies the undersigned that the bonds are ready for delivery. If the subject bonds are not delivered by 5:00 p.m. on the third day after the aforementioned delivery date, Wulff, Hansen & Co. reserves the right to renegotiate the price and/or the rate of interest. This offer expires Midnight on April 20, 1987. Very truly yours, WULFF, HANSEN & CO. I~umont Senior Vice President -==- Enclosure: Debt Service Schedule cc: Cecil A. Reinsch Philip W. Assaf Fred O. Wood . YEAR RATE 1'388 t::" '-It=" ..J.e..J 1'38'3 5.75 1'3'30 6.25 1'3'31 6.50 1'3'32 5.75 1'393 7.012. :'3'34 7.20 19'35 7.40 1'3'35 7.50 19'37 7.50 1'3'38 7.75 TOTALS . . WULFF, HANSEN & CO. ESTABLISHED IQ31 INVESTMENT BANKERS 201 SAN SOME STREET. 7TH FLOOR SAN FRANCISCO 94104 [415J 421-8900 :;:L..R~I",,,,, ~ -, ,-. - -" : - "' 1-' . =.~~~. i'.:.... "...J. 1-; s: =:-: ~:- D=2~ S~~V:CE SC~~DU~= ~'::;;C: OF BC:\iDS: >':a\1 i ~ 1. '387 :;\;~~RES7 PA:D: ~a~~cn 2 a~lc Se~tembEr c BCI)'",Q Year's: Averaoe CouDon: Average Debt Service: P;:;:INCIPAL INTEREST $32. fA8. 00 55.000.00 55 ~ 00iZl. 00 50.000.00 65. 000. 0el 70. 000. 0QI 70.000.0121 80. 001i). 0121 85, 000.lZ10 90~000.00 '35~000.00 $70,855.02* 51. 325. 00 48,162.50 44,725.00 40,825.00 36,437.50 3L 537. 5121 26~497.50 20,577.50 14,21212.50 7,362.50 $757.548.00 $392,518.52 5.387.302 7.28b $i04.5S0.5S * IY"lter'est cOrliouted fr'om May 1, 1'387 to Seotember''::'~ 1'388. .. . . TOTAL $103.514.02 106,325.0121 103,152.50 104,725.121121 i iZ:5~ 825. 00 105,437.50 101. 537. 5 ill 106,497.5121 105~577.50 104,202.5121 102~362.50 $1. 150. i 65. 52